By: Earley H.B. No. 655
73R3011 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption of a nonsubstantive revision of statutes
1-3 relating to areas of government that affect or involve both state
1-4 and local entities, including the operation of government and
1-5 governmental bodies, public officers and employees, and fiscal
1-6 affairs and including conforming amendments, repeals, and
1-7 penalties.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. ADOPTION OF TITLES 5, 6, AND 10, GOVERNMENT CODE.
1-10 The Government Code is amended by adding Titles 5, 6, and 10 to
1-11 read as follows:
1-12 TITLE 5. OPEN GOVERNMENT; ETHICS
1-13 SUBTITLE A. OPEN GOVERNMENT
1-14 Chapter 551. OPEN MEETINGS
1-15 Chapter 552. OPEN RECORDS
1-16 Chapter 553. PUBLIC DISCLOSURE
1-17 Chapter 554. PROTECTION FOR REPORTING VIOLATIONS OF LAW
1-18 Chapter 555. STATE AGENCY RECORDS RELATING TO
1-19 LICENSE HOLDERS
1-20 Chapter 556. POLITICAL ACTIVITIES BY STATE EMPLOYEES
1-21 Chapter 557. SEDITION, SABOTAGE, AND COMMUNISM
1-22 Chapter 558. INTERPRETERS FOR DEAF OR HEARING
1-23 IMPAIRED PERSONS
1-24 (Chapters 559-570 reserved for expansion)
2-1 SUBTITLE B. ETHICS
2-2 Chapter 571. TEXAS ETHICS COMMISSION
2-3 Chapter 572. PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF
2-4 CONDUCT, AND CONFLICT OF INTEREST
2-5 Chapter 573. DEGREES OF RELATIONSHIP; NEPOTISM PROHIBITIONS
2-6 Chapter 574. DUAL OFFICEHOLDING
2-7 TITLE 5. OPEN GOVERNMENT; ETHICS
2-8 SUBTITLE A. OPEN GOVERNMENT
2-9 CHAPTER 551. OPEN MEETINGS
2-10 SUBCHAPTER A. GENERAL PROVISIONS
2-11 Sec. 551.001. DEFINITIONS
2-12 Sec. 551.002. OPEN MEETINGS REQUIREMENT
2-13 Sec. 551.003. LEGISLATURE
2-14 Sec. 551.004. OPEN MEETINGS REQUIRED BY CHARTER
2-15 (Sections 551.005-551.020 reserved for expansion)
2-16 SUBCHAPTER B. RECORD OF OPEN MEETING
2-17 Sec. 551.021. MINUTES OR TAPE RECORDING OF OPEN MEETING
2-18 REQUIRED
2-19 Sec. 551.022. MINUTES AND TAPE RECORDINGS OF OPEN MEETING: PUBLIC
2-20 RECORD
2-21 Sec. 551.023. RECORDING OF MEETING BY PERSON IN ATTENDANCE
2-22 (Sections 551.024-551.040 reserved for expansion)
2-23 SUBCHAPTER C. NOTICE OF MEETINGS
2-24 Sec. 551.041. NOTICE OF MEETING REQUIRED
2-25 Sec. 551.042. INQUIRY MADE AT MEETING
2-26 Sec. 551.043. TIME AND ACCESSIBILITY OF NOTICE;
2-27 GENERAL RULE
3-1 Sec. 551.044. EXCEPTION TO GENERAL RULE: GOVERNMENTAL BODY WITH
3-2 STATEWIDE JURISDICTION
3-3 Sec. 551.045. EXCEPTION TO GENERAL RULE: NOTICE OF EMERGENCY
3-4 MEETING OR EMERGENCY ADDITION TO AGENDA
3-5 Sec. 551.046. EXCEPTION TO GENERAL RULE: COMMITTEE OF
3-6 LEGISLATURE
3-7 Sec. 551.047. SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY MEETING
3-8 OR EMERGENCY ADDITION TO AGENDA
3-9 Sec. 551.048. STATE GOVERNMENTAL BODY: NOTICE TO SECRETARY OF
3-10 STATE; PLACE OF POSTING NOTICE
3-11 Sec. 551.049. COUNTY GOVERNMENTAL BODY: PLACE OF POSTING
3-12 NOTICE
3-13 Sec. 551.050. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING
3-14 NOTICE
3-15 Sec. 551.051. SCHOOL DISTRICT: PLACE OF POSTING NOTICE
3-16 Sec. 551.052. SCHOOL DISTRICT: SPECIAL NOTICE
3-17 TO NEWS MEDIA
3-18 Sec. 551.053. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO
3-19 FOUR OR MORE COUNTIES: NOTICE TO PUBLIC,
3-20 SECRETARY OF STATE, AND COUNTY CLERK; PLACE
3-21 OF POSTING NOTICE
3-22 Sec. 551.054. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO
3-23 FEWER THAN FOUR COUNTIES: NOTICE TO PUBLIC AND
3-24 COUNTY CLERKS; PLACE OF POSTING NOTICE
3-25 (Sections 551.055-551.070 reserved for expansion)
3-26 SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN
3-27 Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING
4-1 Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED
4-2 MEETING
4-3 Sec. 551.073. DELIBERATION REGARDING PROSPECTIVE GIFT; CLOSED
4-4 MEETING
4-5 Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING
4-6 Sec. 551.075. CONFERENCE WITH EMPLOYEES; CLOSED MEETING
4-7 Sec. 551.076. DELIBERATION REGARDING SECURITY DEVICES; CLOSED
4-8 MEETING
4-9 Sec. 551.077. AGENCY FINANCED BY FEDERAL GOVERNMENT
4-10 Sec. 551.078. MEDICAL BOARD OR MEDICAL COMMITTEE
4-11 Sec. 551.079. STATE BOARD OF INSURANCE
4-12 Sec. 551.080. BOARD OF PARDONS AND PAROLES
4-13 Sec. 551.081. CREDIT UNION COMMISSION
4-14 Sec. 551.082. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES;
4-15 DISCIPLINARY MATTER OR COMPLAINT
4-16 Sec. 551.083. CERTAIN SCHOOL BOARDS; CLOSED MEETING REGARDING
4-17 CONSULTATION WITH REPRESENTATIVE OF EMPLOYEE
4-18 GROUP
4-19 Sec. 551.084. INVESTIGATION; EXCLUSION OF WITNESS FROM
4-20 HEARING
4-21 (Sections 551.085-551.100 reserved for expansion)
4-22 SUBCHAPTER E. PROCEDURES RELATING TO CLOSED MEETING
4-23 Sec. 551.101. REQUIREMENT TO FIRST CONVENE IN OPEN MEETING
4-24 Sec. 551.102. REQUIREMENT TO VOTE OR TAKE FINAL ACTION IN OPEN
4-25 MEETING
4-26 Sec. 551.103. CERTIFIED AGENDA OR TAPE RECORDING REQUIRED
4-27 Sec. 551.104. CERTIFIED AGENDA OR TAPE; PRESERVATION;
5-1 DISCLOSURE
5-2 (Sections 551.105-551.120 reserved for expansion)
5-3 SUBCHAPTER F. MEETINGS BY TELEPHONE CONFERENCE CALL
5-4 Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER
5-5 EDUCATION
5-6 Sec. 551.122. TEXAS HIGH-SPEED RAIL AUTHORITY
5-7 Sec. 551.123. TEXAS BOARD OF CRIMINAL JUSTICE
5-8 Sec. 551.124. BOARD OF PARDONS AND PAROLES
5-9 (Sections 551.125-551.140 reserved for expansion)
5-10 SUBCHAPTER G. ENFORCEMENT AND REMEDIES; CRIMINAL VIOLATIONS
5-11 Sec. 551.141. ACTION VOIDABLE
5-12 Sec. 551.142. MANDAMUS; INJUNCTION
5-13 Sec. 551.143. CONSPIRACY TO CIRCUMVENT CHAPTER; OFFENSE;
5-14 PENALTY
5-15 Sec. 551.144. CLOSED MEETING; OFFENSE; PENALTY
5-16 Sec. 551.145. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR TAPE
5-17 RECORDING; OFFENSE; PENALTY
5-18 Sec. 551.146. DISCLOSURE OF CERTIFIED AGENDA OR TAPE RECORDING OF
5-19 CLOSED MEETING; OFFENSE; PENALTY; CIVIL
5-20 LIABILITY
5-21 TITLE 5. OPEN GOVERNMENT; ETHICS
5-22 SUBTITLE A. OPEN GOVERNMENT
5-23 CHAPTER 551. OPEN MEETINGS
5-24 SUBCHAPTER A. GENERAL PROVISIONS
5-25 Sec. 551.001. DEFINITIONS. In this chapter:
5-26 (1) "Closed meeting" means a meeting to which the
5-27 public does not have access.
6-1 (2) "Deliberation" means a verbal exchange during a
6-2 meeting between a quorum of a governmental body, or between a
6-3 quorum of a governmental body and another person, about an issue
6-4 within the jurisdiction of the governmental body or any public
6-5 business.
6-6 (3) "Governmental body" means:
6-7 (A) a board, commission, department, committee,
6-8 or agency within the executive or legislative branch of state
6-9 government that is directed by one or more elected or appointed
6-10 members;
6-11 (B) a county commissioners court in the state;
6-12 (C) a municipal governing body in the state;
6-13 (D) a deliberative body that has rulemaking or
6-14 quasi-judicial power and that is classified as a department,
6-15 agency, or political subdivision of a county or municipality;
6-16 (E) a school district board of trustees;
6-17 (F) a county board of school trustees;
6-18 (G) a county board of education;
6-19 (H) the governing board of a special district
6-20 created by law; and
6-21 (I) a nonprofit corporation organized under
6-22 Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933
6-23 (Article 1434a, Vernon's Texas Civil Statutes), that provides a
6-24 water supply or wastewater service, or both, and is exempt from ad
6-25 valorem taxation under Section 11.30, Tax Code.
6-26 (4) "Meeting" means a deliberation between a quorum of
6-27 a governmental body, or between a quorum of a governmental body and
7-1 another person, during which public business or public policy over
7-2 which the governmental body has supervision or control is discussed
7-3 or considered or during which the governmental body takes formal
7-4 action. The term does not include the gathering of a quorum of a
7-5 governmental body at a social function unrelated to the public
7-6 business that is conducted by the body, or the attendance by a
7-7 quorum of a governmental body at a regional, state, or national
7-8 convention or workshop, if formal action is not taken and any
7-9 discussion of public business is incidental to the social function,
7-10 convention, or workshop. The term includes a session of a
7-11 governmental body.
7-12 (5) "Open" means open to the public.
7-13 (6) "Quorum" means a majority of a governmental body,
7-14 unless defined differently by applicable law or rule or the charter
7-15 of the governmental body. (V.A.C.S. Art. 6252-17, Sec. 1; New.)
7-16 Sec. 551.002. OPEN MEETINGS REQUIREMENT. Every regular,
7-17 special, or called meeting of a governmental body shall be open to
7-18 the public, except as provided by this chapter. (V.A.C.S. Art.
7-19 6252-17, Sec. 2(a) (part).)
7-20 Sec. 551.003. LEGISLATURE. In this chapter, the legislature
7-21 is exercising its powers to adopt rules to prohibit secret meetings
7-22 of the legislature, committees of the legislature, and other bodies
7-23 associated with the legislature, except as specifically permitted
7-24 in the constitution. (V.A.C.S. Art. 6252-17, Sec. 2(b).)
7-25 Sec. 551.004. OPEN MEETINGS REQUIRED BY CHARTER. This
7-26 chapter does not authorize a governmental body to close a meeting
7-27 that a charter of the governmental body:
8-1 (1) prohibits from being closed; or
8-2 (2) requires to be open. (V.A.C.S. Art. 6252-17, Sec.
8-3 2(k).)
8-4 (Sections 551.005-551.020 reserved for expansion)
8-5 SUBCHAPTER B. RECORD OF OPEN MEETING
8-6 Sec. 551.021. MINUTES OR TAPE RECORDING OF OPEN MEETING
8-7 REQUIRED. (a) A governmental body shall prepare and keep minutes
8-8 or make a tape recording of each open meeting of the body.
8-9 (b) The minutes must:
8-10 (1) state the subject of each deliberation; and
8-11 (2) indicate each vote, order, decision, or other
8-12 action taken. (V.A.C.S. Art. 6252-17, Sec. 3B (part).)
8-13 Sec. 551.022. MINUTES AND TAPE RECORDINGS OF OPEN MEETING:
8-14 PUBLIC RECORD. The minutes and tape recordings of an open meeting
8-15 are public records and shall be available for public inspection and
8-16 copying on request to the governmental body's chief administrative
8-17 officer or the officer's designee. (V.A.C.S. Art. 6252-17, Sec. 3B
8-18 (part).)
8-19 Sec. 551.023. RECORDING OF MEETING BY PERSON IN ATTENDANCE.
8-20 (a) A person in attendance may record all or any part of an open
8-21 meeting of a governmental body by means of a tape recorder, video
8-22 camera, or other means of aural or visual reproduction.
8-23 (b) A governmental body may adopt reasonable rules to
8-24 maintain order at a meeting, including rules relating to:
8-25 (1) the location of recording equipment; and
8-26 (2) the manner in which the recording is conducted.
8-27 (c) A rule adopted under Subsection (b) may not prevent or
9-1 unreasonably impair a person from exercising a right granted under
9-2 Subsection (a). (V.A.C.S. Art. 6252-17, Sec. 2(i).)
9-3 (Sections 551.024-551.040 reserved for expansion)
9-4 SUBCHAPTER C. NOTICE OF MEETINGS
9-5 Sec. 551.041. NOTICE OF MEETING REQUIRED. A governmental
9-6 body shall give written notice of the date, hour, place, and
9-7 subject of each meeting held by the governmental body. (V.A.C.S.
9-8 Art. 6252-17, Sec. 3A(a) (part).)
9-9 Sec. 551.042. INQUIRY MADE AT MEETING. (a) If, at a
9-10 meeting of a governmental body, a member of the public or of the
9-11 governmental body inquires about a subject for which notice has not
9-12 been given as required by this subchapter, the notice provisions of
9-13 this subchapter do not apply to:
9-14 (1) a statement of specific factual information given
9-15 in response to the inquiry; or
9-16 (2) a recitation of existing policy in response to the
9-17 inquiry.
9-18 (b) Any deliberation of or decision about the subject of the
9-19 inquiry shall be limited to a proposal to place the subject on the
9-20 agenda for a subsequent meeting. (V.A.C.S. Art. 6252-17, Sec.
9-21 3A(a) (part).)
9-22 Sec. 551.043. TIME AND ACCESSIBILITY OF NOTICE; GENERAL
9-23 RULE. The notice of a meeting of a governmental body must be
9-24 posted in a place readily accessible to the general public at all
9-25 times for at least 72 hours before the scheduled time of the
9-26 meeting, except as provided by Sections 551.044-551.046. (V.A.C.S.
9-27 Art. 6252-17, Secs. 3A(a) (part) and (h) (part).)
10-1 Sec. 551.044. EXCEPTION TO GENERAL RULE: GOVERNMENTAL BODY
10-2 WITH STATEWIDE JURISDICTION. (a) The secretary of state must post
10-3 notice of a meeting of a state board, commission, department, or
10-4 officer having statewide jurisdiction for at least seven days
10-5 before the day of the meeting.
10-6 (b) Subsection (a) does not apply to:
10-7 (1) the Texas Workers' Compensation Commission; or
10-8 (2) the governing board of an institution of higher
10-9 education. (V.A.C.S. Art. 6252-17, Sec. 3A(h) (part).)
10-10 Sec. 551.045. EXCEPTION TO GENERAL RULE: NOTICE OF
10-11 EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. (a) In an
10-12 emergency or when there is an urgent public necessity, the notice
10-13 of a meeting or the supplemental notice of a subject added as an
10-14 item to the agenda for a meeting for which notice has been posted
10-15 in accordance with this subchapter is sufficient if it is posted
10-16 for at least two hours before the meeting is convened.
10-17 (b) An emergency or an urgent public necessity exists only
10-18 if immediate action is required of a governmental body because of:
10-19 (1) an imminent threat to public health and safety; or
10-20 (2) a reasonably unforeseeable situation.
10-21 (c) The governmental body shall clearly identify the
10-22 emergency or urgent public necessity in the notice or supplemental
10-23 notice under this section.
10-24 (d) A person who is designated or authorized to post notice
10-25 of a meeting by a governmental body under this subchapter shall
10-26 post the notice taking at face value the governmental body's stated
10-27 reason for the emergency or urgent public necessity. (V.A.C.S.
11-1 Art. 6252-17, Sec. 3A(h) (part).)
11-2 Sec. 551.046. EXCEPTION TO GENERAL RULE: COMMITTEE OF
11-3 LEGISLATURE. The notice of a legislative committee meeting shall
11-4 be as provided by the rules of the house of representatives or of
11-5 the senate. (V.A.C.S. Art. 6252-17, Sec. 3A(h) (part).)
11-6 Sec. 551.047. SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY
11-7 MEETING OR EMERGENCY ADDITION TO AGENDA. (a) The presiding
11-8 officer of a governmental body, or the member of a governmental
11-9 body who calls an emergency meeting of the governmental body or
11-10 adds an emergency item to the agenda of a meeting of the
11-11 governmental body, shall notify the news media of the emergency
11-12 meeting or emergency item as required by this section.
11-13 (b) The presiding officer or member is required to notify
11-14 only those members of the news media that have previously:
11-15 (1) filed at the headquarters of the governmental body
11-16 a request containing all pertinent information for the special
11-17 notice; and
11-18 (2) agreed to reimburse the governmental body for the
11-19 cost of providing the special notice.
11-20 (c) The presiding officer or member shall give the notice by
11-21 telephone or telegraph. (V.A.C.S. Art. 6252-17, Sec. 3A(h)
11-22 (part).)
11-23 Sec. 551.048. STATE GOVERNMENTAL BODY: NOTICE TO SECRETARY
11-24 OF STATE; PLACE OF POSTING NOTICE. (a) A state governmental body
11-25 shall provide notice of each meeting to the secretary of state.
11-26 (b) The secretary of state shall post the notice on a
11-27 bulletin board at a place convenient to the public in the main
12-1 office of the secretary of state. (V.A.C.S. Art. 6252-17, Sec.
12-2 3A(b).)
12-3 Sec. 551.049. COUNTY GOVERNMENTAL BODY: PLACE OF POSTING
12-4 NOTICE. A county governmental body shall post notice of each
12-5 meeting on a bulletin board at a place convenient to the public in
12-6 the county courthouse. (V.A.C.S. Art. 6252-17, Sec. 3A(d).)
12-7 Sec. 551.050. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING
12-8 NOTICE. A municipal governmental body shall post notice of each
12-9 meeting on a bulletin board at a place convenient to the public in
12-10 the city hall. (V.A.C.S. Art. 6252-17, Sec. 3A(c).)
12-11 Sec. 551.051. SCHOOL DISTRICT: PLACE OF POSTING NOTICE. A
12-12 school district shall post notice of each meeting on a bulletin
12-13 board at a place convenient to the public in the central
12-14 administrative office of the district. (V.A.C.S. Art. 6252-17,
12-15 Sec. 3A(e) (part).)
12-16 Sec. 551.052. SCHOOL DISTRICT: SPECIAL NOTICE TO NEWS
12-17 MEDIA. (a) A school district shall provide special notice of each
12-18 meeting to any news media that has:
12-19 (1) requested special notice; and
12-20 (2) agreed to reimburse the district for the cost of
12-21 providing the special notice.
12-22 (b) The notice shall be by telephone or telegraph.
12-23 (V.A.C.S. Art. 6252-17, Sec. 3A(e) (part).)
12-24 Sec. 551.053. DISTRICT OR POLITICAL SUBDIVISION EXTENDING
12-25 INTO FOUR OR MORE COUNTIES: NOTICE TO PUBLIC, SECRETARY OF STATE,
12-26 AND COUNTY CLERK; PLACE OF POSTING NOTICE. (a) The governing body
12-27 of a water district or other district or political subdivision that
13-1 extends into four or more counties shall:
13-2 (1) post notice of each meeting at a place convenient
13-3 to the public in the administrative office of the district or
13-4 political subdivision;
13-5 (2) provide notice of each meeting to the secretary of
13-6 state; and
13-7 (3) provide notice of each meeting to the county clerk
13-8 of the county in which the administrative office of the district or
13-9 political subdivision is located.
13-10 (b) The secretary of state shall post the notice provided
13-11 under Subsection (a)(2) on a bulletin board at a place convenient
13-12 to the public in the main office of the secretary of state.
13-13 (c) A county clerk shall post the notice provided under
13-14 Subsection (a)(3) on a bulletin board at a place convenient to the
13-15 public in the county courthouse. (V.A.C.S. Art. 6252-17, Sec.
13-16 3A(f).)
13-17 Sec. 551.054. DISTRICT OR POLITICAL SUBDIVISION EXTENDING
13-18 INTO FEWER THAN FOUR COUNTIES: NOTICE TO PUBLIC AND COUNTY CLERKS;
13-19 PLACE OF POSTING NOTICE. (a) The governing body of a water
13-20 district or other district or political subdivision that extends
13-21 into fewer than four counties shall:
13-22 (1) post notice of each meeting at a place convenient
13-23 to the public in the administrative office of the district or
13-24 political subdivision; and
13-25 (2) provide notice of each meeting to the county clerk
13-26 of each county in which the district or political subdivision is
13-27 located.
14-1 (b) A county clerk shall post the notice provided under
14-2 Subsection (a)(2) on a bulletin board at a place convenient to the
14-3 public in the county courthouse. (V.A.C.S. Art. 6252-17, Sec.
14-4 3A(g).)
14-5 (Sections 551.055-551.070 reserved for expansion)
14-6 SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN
14-7 Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A
14-8 governmental body may not conduct a private consultation with its
14-9 attorney except:
14-10 (1) when the governmental body seeks the advice of its
14-11 attorney about:
14-12 (A) pending or contemplated litigation; or
14-13 (B) a settlement offer; or
14-14 (2) on a matter in which the duty of the attorney to
14-15 the governmental body under the Texas Disciplinary Rules of
14-16 Professional Conduct of the State Bar of Texas clearly conflicts
14-17 with this chapter. (V.A.C.S. Art. 6252-17, Sec. 2(e).)
14-18 Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED
14-19 MEETING. A governmental body may conduct a closed meeting to
14-20 deliberate the purchase, exchange, lease, or value of real property
14-21 if deliberation in an open meeting would have a detrimental effect
14-22 on the position of the governmental body in negotiations with a
14-23 third person. (V.A.C.S. Art. 6252-17, Sec. 2(f) (part).)
14-24 Sec. 551.073. DELIBERATION REGARDING PROSPECTIVE GIFT;
14-25 CLOSED MEETING. A governmental body may conduct a closed meeting
14-26 to deliberate a negotiated contract for a prospective gift or
14-27 donation to the state or the governmental body if deliberation in
15-1 an open meeting would have a detrimental effect on the position of
15-2 the governmental body in negotiations with a third person.
15-3 (V.A.C.S. Art. 6252-17, Sec. 2(f) (part).)
15-4 Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. (a) This
15-5 chapter does not require a governmental body to conduct an open
15-6 meeting:
15-7 (1) to deliberate the appointment, employment,
15-8 evaluation, reassignment, duties, discipline, or dismissal of a
15-9 public officer or employee; or
15-10 (2) to hear a complaint or charge against an officer
15-11 or employee.
15-12 (b) Subsection (a) does not apply if the officer or employee
15-13 who is the subject of the deliberation or hearing requests a public
15-14 hearing. (V.A.C.S. Art. 6252-17, Sec. 2(g).)
15-15 Sec. 551.075. CONFERENCE WITH EMPLOYEES; CLOSED MEETING.
15-16 (a) This chapter does not require a governmental body to confer
15-17 with one or more employees of the governmental body in an open
15-18 meeting if the only purpose of the conference is to:
15-19 (1) receive information from the employees; or
15-20 (2) question the employees.
15-21 (b) During a conference under Subsection (a), members of the
15-22 governmental body may not deliberate public business or agency
15-23 policy that affects public business. (V.A.C.S. Art. 6252-17, Sec.
15-24 2(r), as added by Sec. 2, Ch. 549, Acts of the 70th Leg., R.S.,
15-25 1987.)
15-26 Sec. 551.076. DELIBERATION REGARDING SECURITY DEVICES;
15-27 CLOSED MEETING. This chapter does not require a governmental body
16-1 to conduct an open meeting to deliberate the deployment, or
16-2 specific occasions for implementation, of security personnel or
16-3 devices. (V.A.C.S. Art. 6252-17, Sec. 2(j).)
16-4 Sec. 551.077. AGENCY FINANCED BY FEDERAL GOVERNMENT. This
16-5 chapter does not require an agency financed entirely by federal
16-6 money to conduct an open meeting. (V.A.C.S. Art. 6252-17, Sec.
16-7 2(n).)
16-8 Sec. 551.078. MEDICAL BOARD OR MEDICAL COMMITTEE. This
16-9 chapter does not require a medical board or medical committee to
16-10 conduct an open meeting to deliberate the medical or psychiatric
16-11 records of an individual applicant for a disability benefit from a
16-12 public retirement system. (V.A.C.S. Art. 6252-17, Sec. 2(o).)
16-13 Sec. 551.079. STATE BOARD OF INSURANCE. (a) The
16-14 requirements of this chapter do not apply to a meeting of the State
16-15 Board of Insurance in the discharge of responsibilities to regulate
16-16 and maintain the solvency of a person regulated by the board.
16-17 (b) The board may deliberate and determine the appropriate
16-18 action to be taken concerning the solvency of a person regulated by
16-19 the board in a closed meeting with persons in one or more of the
16-20 following categories:
16-21 (1) staff of the board;
16-22 (2) a regulated person; or
16-23 (3) representatives of a regulated person. (V.A.C.S.
16-24 Art. 6252-17, Sec. 2(q).)
16-25 Sec. 551.080. BOARD OF PARDONS AND PAROLES. This chapter
16-26 does not require the Board of Pardons and Paroles to conduct an
16-27 open meeting to interview or counsel an inmate of a facility of the
17-1 institutional division of the Texas Department of Criminal Justice.
17-2 (V.A.C.S. Art. 6252-17, Sec. 2(p).)
17-3 Sec. 551.081. CREDIT UNION COMMISSION. This chapter does
17-4 not require the Credit Union Commission to conduct an open meeting
17-5 to deliberate a matter made confidential by law. (V.A.C.S. Art.
17-6 6252-17, Sec. 2(t).)
17-7 Sec. 551.082. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES;
17-8 DISCIPLINARY MATTER OR COMPLAINT. (a) This chapter does not
17-9 require a school board to conduct an open meeting to deliberate in
17-10 a case:
17-11 (1) involving discipline of a public school child; or
17-12 (2) in which a complaint or charge is brought against
17-13 an employee of the school district by another employee and the
17-14 complaint or charge directly results in a need for a hearing.
17-15 (b) Subsection (a) does not apply if an open hearing is
17-16 requested in writing by a parent or guardian of the child or by the
17-17 employee against whom the complaint or charge is brought.
17-18 (V.A.C.S. Art. 6252-17, Sec. 2(h).)
17-19 Sec. 551.083. CERTAIN SCHOOL BOARDS; CLOSED MEETING
17-20 REGARDING CONSULTATION WITH REPRESENTATIVE OF EMPLOYEE GROUP. This
17-21 chapter does not require a school board operating under a
17-22 consultation agreement authorized by Section 13.901, Education
17-23 Code, to conduct an open meeting to deliberate the standards,
17-24 guidelines, terms, or conditions the board will follow, or instruct
17-25 its representatives to follow, in a consultation with a
17-26 representative of an employee group. (V.A.C.S. Art. 6252-17, Sec.
17-27 2(m).)
18-1 Sec. 551.084. INVESTIGATION; EXCLUSION OF WITNESS FROM
18-2 HEARING. A governmental body that is investigating a matter may
18-3 exclude a witness from a hearing during the examination of another
18-4 witness in the investigation. (V.A.C.S. Art. 6252-17, Sec. 2(c).)
18-5 (Sections 551.085-551.100 reserved for expansion)
18-6 SUBCHAPTER E. PROCEDURES RELATING TO CLOSED MEETING
18-7 Sec. 551.101. REQUIREMENT TO FIRST CONVENE IN OPEN MEETING.
18-8 If a closed meeting is allowed under this chapter, a governmental
18-9 body may not conduct the closed meeting unless a quorum of the
18-10 governmental body first convenes in an open meeting for which
18-11 notice has been given as provided by this chapter and during which
18-12 the presiding officer publicly:
18-13 (1) announces that a closed meeting will be held; and
18-14 (2) identifies the section or sections of this chapter
18-15 under which the closed meeting is held. (V.A.C.S. Art. 6252-17,
18-16 Sec. 2(a) (part).)
18-17 Sec. 551.102. REQUIREMENT TO VOTE OR TAKE FINAL ACTION IN
18-18 OPEN MEETING. A final action, decision, or vote on a matter
18-19 deliberated in a closed meeting under this chapter may only be made
18-20 in an open meeting that is held in compliance with the notice
18-21 provisions of this chapter. (V.A.C.S. Art. 6252-17, Sec. 2(l).)
18-22 Sec. 551.103. CERTIFIED AGENDA OR TAPE RECORDING REQUIRED.
18-23 (a) A governmental body shall either keep a certified agenda or
18-24 make a tape recording of the proceedings of each closed meeting,
18-25 except for a private consultation permitted under Section 551.071.
18-26 (b) The presiding officer shall certify that an agenda kept
18-27 under Subsection (a) is a true and correct record of the
19-1 proceedings.
19-2 (c) The certified agenda must include:
19-3 (1) a statement of the subject matter of each
19-4 deliberation;
19-5 (2) a record of any further action taken; and
19-6 (3) an announcement by the presiding officer at the
19-7 beginning and the end of the meeting indicating the date and time.
19-8 (d) A tape recording made under Subsection (a) must include
19-9 announcements by the presiding officer at the beginning and the end
19-10 of the meeting indicating the date and time. (V.A.C.S. Art.
19-11 6252-17, Secs. 2A(a), (b), (c) (part), (d).)
19-12 Sec. 551.104. CERTIFIED AGENDA OR TAPE; PRESERVATION;
19-13 DISCLOSURE. (a) A governmental body shall preserve the certified
19-14 agenda or tape recording of a closed meeting for at least two years
19-15 after the date of the meeting. If an action involving the meeting
19-16 is brought within that period, the governmental body shall preserve
19-17 the certified agenda or tape while the action is pending.
19-18 (b) In litigation in a district court involving an alleged
19-19 violation of this chapter, the court:
19-20 (1) is entitled to make an in camera inspection of the
19-21 certified agenda or tape;
19-22 (2) may admit all or part of the certified agenda or
19-23 tape as evidence, on entry of a final judgment; and
19-24 (3) may grant legal or equitable relief it considers
19-25 appropriate, including an order that the governmental body make
19-26 available to the public the certified agenda or tape of any part of
19-27 a meeting that was required to be open under this chapter.
20-1 (c) The certified agenda or tape of a closed meeting is
20-2 available for public inspection and copying only under a court
20-3 order issued under Subsection (b)(3). (V.A.C.S. Art. 6252-17,
20-4 Secs. 2A(c) (part), (e), (f).)
20-5 (Sections 551.105-551.120 reserved for expansion)
20-6 SUBCHAPTER F. MEETINGS BY TELEPHONE CONFERENCE CALL
20-7 Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER
20-8 EDUCATION. (a) In this section, "governing board," "institution
20-9 of higher education," and "university system" have the meanings
20-10 assigned by Section 61.003, Education Code.
20-11 (b) This chapter does not prohibit the governing board of an
20-12 institution of higher education from holding an open or closed
20-13 meeting by telephone conference call.
20-14 (c) A meeting held by telephone conference call may be held
20-15 only if:
20-16 (1) the meeting is a special called meeting and
20-17 immediate action is required; and
20-18 (2) the convening at one location of a quorum of the
20-19 governing board is difficult or impossible.
20-20 (d) The telephone conference call meeting is subject to the
20-21 notice requirements applicable to other meetings.
20-22 (e) The notice of the telephone conference call meeting must
20-23 specify as the location of the meeting the location where meetings
20-24 of the governing board are usually held. For a meeting of the
20-25 governing board of a university system, the notice must specify as
20-26 the location of the meeting the board's conference room at the
20-27 university system office.
21-1 (f) Each part of the telephone conference call meeting that
21-2 is required to be open to the public shall be audible to the public
21-3 at the location specified in the notice of the meeting as the
21-4 location of the meeting and shall be tape recorded. The tape
21-5 recording shall be made available to the public. (V.A.C.S. Art.
21-6 6252-17, Sec. 2(r), as added by Sec. 4, Ch. 964, Acts of the 70th
21-7 Leg., R.S., 1987; New.)
21-8 Sec. 551.122. TEXAS HIGH-SPEED RAIL AUTHORITY. The Texas
21-9 High-Speed Rail Authority may conduct an open or closed meeting by
21-10 telephone conference call using the procedures described in Section
21-11 551.121. (V.A.C.S. Art. 6674v.2, Sec. 5(c).)
21-12 Sec. 551.123. TEXAS BOARD OF CRIMINAL JUSTICE. (a) The
21-13 Texas Board of Criminal Justice may hold an open or closed
21-14 emergency meeting by telephone conference call.
21-15 (b) The portion of the telephone conference call meeting
21-16 that is open shall be recorded. The recording shall be made
21-17 available to be heard by the public at one or more places
21-18 designated by the board. (Government Code, Sec. 492.006(c).)
21-19 Sec. 551.124. BOARD OF PARDONS AND PAROLES. At the call of
21-20 the presiding officer of the Board of Pardons and Paroles, the
21-21 board may hold a hearing on clemency matters by telephone
21-22 conference call. The portion of a meeting that is public is
21-23 subject to the provisions of Section 7(f), Article 42.18, Code of
21-24 Criminal Procedure. (Code of Criminal Procedure, Art. 42.18, Sec.
21-25 7(f) (part); New.)
21-26 (Sections 551.125-551.140 reserved for expansion)
21-27 SUBCHAPTER G. ENFORCEMENT AND REMEDIES; CRIMINAL VIOLATIONS
22-1 Sec. 551.141. ACTION VOIDABLE. An action taken by a
22-2 governmental body in violation of this chapter is voidable.
22-3 (V.A.C.S. Art. 6252-17, Sec. 3(a) (part).)
22-4 Sec. 551.142. MANDAMUS; INJUNCTION. (a) An interested
22-5 person, including a member of the news media, may bring an action
22-6 by mandamus or injunction to stop, prevent, or reverse a violation
22-7 or threatened violation of this chapter by members of a
22-8 governmental body.
22-9 (b) The court may assess costs of litigation and reasonable
22-10 attorney's fees incurred by a plaintiff or defendant who
22-11 substantially prevails in an action under Subsection (a). In
22-12 exercising its discretion, the court shall consider whether the
22-13 action was brought in good faith and whether the conduct of the
22-14 governmental body had a reasonable basis in law. (V.A.C.S. Art.
22-15 6252-17, Sec. 3(a) (part), (b).)
22-16 Sec. 551.143. CONSPIRACY TO CIRCUMVENT CHAPTER; OFFENSE;
22-17 PENALTY. (a) A member or group of members of a governmental body
22-18 commits an offense if the member or group of members knowingly
22-19 conspires to circumvent this chapter by meeting in numbers less
22-20 than a quorum for the purpose of secret deliberations in violation
22-21 of this chapter.
22-22 (b) An offense under Subsection (a) is a misdemeanor
22-23 punishable by:
22-24 (1) a fine of not less than $100 or more than $500;
22-25 (2) confinement in the county jail for not less than
22-26 one month or more than six months; or
22-27 (3) both the fine and confinement. (V.A.C.S. Art.
23-1 6252-17, Sec. 4(b).)
23-2 Sec. 551.144. CLOSED MEETING; OFFENSE; PENALTY. (a) A
23-3 member of a governmental body commits an offense if a closed
23-4 meeting is not permitted under this chapter and the member
23-5 knowingly:
23-6 (1) calls or aids in calling or organizing the closed
23-7 meeting, whether it is a special or called closed meeting;
23-8 (2) closes or aids in closing a regular meeting to the
23-9 public; or
23-10 (3) participates in the closed meeting, whether it is
23-11 a regular, special, or called meeting.
23-12 (b) An offense under Subsection (a) is a misdemeanor
23-13 punishable by:
23-14 (1) a fine of not less than $100 or more than $500;
23-15 (2) confinement in the county jail for not less than
23-16 one month or more than six months; or
23-17 (3) both the fine and confinement. (V.A.C.S. Art.
23-18 6252-17, Sec. 4(a).)
23-19 Sec. 551.145. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR
23-20 TAPE RECORDING; OFFENSE; PENALTY. (a) A member of a governmental
23-21 body commits an offense if the member participates in a closed
23-22 meeting of the governmental body knowing that a certified agenda of
23-23 the closed meeting is not being kept or that a tape recording of
23-24 the closed meeting is not being made.
23-25 (b) An offense under Subsection (a) is a Class C
23-26 misdemeanor. (V.A.C.S. Art. 6252-17, Sec. 2A(g).)
23-27 Sec. 551.146. DISCLOSURE OF CERTIFIED AGENDA OR TAPE
24-1 RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY.
24-2 (a) An individual, corporation, or partnership that without lawful
24-3 authority knowingly discloses to a member of the public the
24-4 certified agenda or tape recording of a meeting that was lawfully
24-5 closed to the public under this chapter:
24-6 (1) commits an offense; and
24-7 (2) is liable to a person injured or damaged by the
24-8 disclosure for:
24-9 (A) actual damages, including damages for
24-10 personal injury or damage, lost wages, defamation, or mental or
24-11 other emotional distress;
24-12 (B) reasonable attorney's fees and court costs;
24-13 and
24-14 (C) at the discretion of the trier of fact,
24-15 exemplary damages.
24-16 (b) An offense under Subsection (a)(1) is a Class B
24-17 misdemeanor.
24-18 (c) It is a defense to prosecution under Subsection (a)(1)
24-19 and an affirmative defense to a civil action under Subsection
24-20 (a)(2) that:
24-21 (1) the defendant had good reason to believe the
24-22 disclosure was lawful; or
24-23 (2) the disclosure was the result of a mistake of fact
24-24 concerning the nature or content of the certified agenda or tape
24-25 recording. (V.A.C.S. Art. 6252-17, Secs. 2A(h), (i), (j).)
24-26 CHAPTER 552. OPEN RECORDS
24-27 SUBCHAPTER A. GENERAL PROVISIONS
25-1 Sec. 552.001. POLICY; CONSTRUCTION
25-2 Sec. 552.002. DEFINITION OF PUBLIC RECORD
25-3 Sec. 552.003. DEFINITION OF GOVERNMENTAL BODY
25-4 Sec. 552.004. PRESERVATION OF RECORDS
25-5 Sec. 552.005. EFFECT OF CHAPTER ON SCOPE OF CIVIL
25-6 DISCOVERY
25-7 Sec. 552.006. EFFECT OF CHAPTER ON WITHHOLDING INFORMATION
25-8 Sec. 552.007. VOLUNTARY DISCLOSURE OF CERTAIN RECORDS WHEN
25-9 DISCLOSURE NOT REQUIRED
25-10 Sec. 552.008. INFORMATION FOR LEGISLATIVE PURPOSES
25-11 (Sections 552.009-552.020 reserved for expansion)
25-12 SUBCHAPTER B. RIGHT OF ACCESS TO PUBLIC INFORMATION
25-13 Sec. 552.021. PUBLIC INFORMATION
25-14 Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES
25-15 Sec. 552.023. SPECIAL RIGHT OF ACCESS TO CONFIDENTIAL
25-16 INFORMATION
25-17 Sec. 552.024. ELECTING TO DISCLOSE ADDRESS AND TELEPHONE
25-18 NUMBER
25-19 Sec. 552.025. TAX RULINGS AND OPINIONS
25-20 Sec. 552.026. EDUCATION RECORDS
25-21 (Sections 552.027-552.100 reserved for expansion)
25-22 SUBCHAPTER C. INFORMATION EXCEPTED FROM REQUIRED DISCLOSURE
25-23 Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION
25-24 Sec. 552.102. EXCEPTION: PERSONNEL INFORMATION
25-25 Sec. 552.103. EXCEPTION: LITIGATION OR SETTLEMENT NEGOTIATIONS
25-26 INVOLVING THE STATE OR A POLITICAL
25-27 SUBDIVISION
26-1 Sec. 552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION
26-2 OR BIDDING
26-3 Sec. 552.105. EXCEPTION: INFORMATION RELATED TO LOCATION
26-4 OR PRICE OF PROPERTY
26-5 Sec. 552.106. EXCEPTION: CERTAIN LEGISLATIVE DOCUMENTS
26-6 Sec. 552.107. EXCEPTION: CERTAIN LEGAL MATTERS
26-7 Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT AND
26-8 PROSECUTORIAL RECORDS
26-9 Sec. 552.109. EXCEPTION: CERTAIN PRIVATE COMMUNICATIONS OF
26-10 AN ELECTED OFFICE HOLDER
26-11 Sec. 552.110. EXCEPTION: TRADE SECRETS, COMMERCIAL INFORMATION,
26-12 OR FINANCIAL INFORMATION
26-13 Sec. 552.111. EXCEPTION: AGENCY MEMORANDA
26-14 Sec. 552.112. EXCEPTION: CERTAIN INFORMATION RELATING TO
26-15 REGULATION OF FINANCIAL INSTITUTIONS OR
26-16 SECURITIES
26-17 Sec. 552.113. EXCEPTION: GEOLOGICAL OR GEOPHYSICAL
26-18 INFORMATION
26-19 Sec. 552.114. EXCEPTION: STUDENT RECORDS
26-20 Sec. 552.115. EXCEPTION: BIRTH AND DEATH RECORDS
26-21 Sec. 552.116. EXCEPTION: STATE AUDITOR WORKING PAPERS
26-22 Sec. 552.117. EXCEPTION: CERTAIN ADDRESSES, TELEPHONE NUMBERS,
26-23 AND SOCIAL SECURITY NUMBERS
26-24 Sec. 552.118. EXCEPTION: TRIPLICATE PRESCRIPTION FORM
26-25 Sec. 552.119. EXCEPTION: PHOTOGRAPH OF PEACE OFFICER OR
26-26 CERTAIN SECURITY GUARDS
26-27 Sec. 552.120. EXCEPTION: CERTAIN RARE BOOKS AND ORIGINAL
27-1 MANUSCRIPTS
27-2 Sec. 552.121. EXCEPTION: CERTAIN DOCUMENTS HELD FOR HISTORICAL
27-3 RESEARCH
27-4 Sec. 552.122. EXCEPTION: CURRICULUM OBJECTIVES AND TEST
27-5 ITEMS
27-6 Sec. 552.123. EXCEPTION: NAME OF APPLICANT FOR CHIEF EXECUTIVE
27-7 OFFICER OF INSTITUTION OF HIGHER EDUCATION
27-8 (Sections 552.124-552.200 reserved for expansion)
27-9 SUBCHAPTER D. OFFICER FOR PUBLIC RECORDS
27-10 Sec. 552.201. IDENTITY OF OFFICER FOR PUBLIC RECORDS
27-11 Sec. 552.202. DEPARTMENT HEADS
27-12 Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC RECORDS
27-13 (Sections 552.204-552.220 reserved for expansion)
27-14 SUBCHAPTER E. PROCEDURES RELATED TO ACCESS
27-15 Sec. 552.221. APPLICATION FOR PUBLIC INFORMATION
27-16 Sec. 552.222. PERMISSIBLE INQUIRY OF PERSON APPLYING FOR
27-17 INSPECTION OF RECORDS
27-18 Sec. 552.223. UNIFORM TREATMENT OF REQUESTS FOR INFORMATION
27-19 Sec. 552.224. COMFORT AND FACILITY
27-20 Sec. 552.225. TIME FOR EXAMINATION
27-21 Sec. 552.226. REMOVAL OF ORIGINAL RECORD
27-22 Sec. 552.227. RESEARCH OF STATE LIBRARY HOLDINGS NOT
27-23 REQUIRED
27-24 Sec. 552.228. PROVIDING SUITABLE COPY OF RECORD WITHIN
27-25 REASONABLE TIME
27-26 Sec. 552.229. CONSENT TO RELEASE INFORMATION UNDER SPECIAL
27-27 RIGHT OF ACCESS
28-1 Sec. 552.230. RULES OF PROCEDURE FOR INSPECTION OF PUBLIC
28-2 RECORDS
28-3 (Sections 552.231-552.260 reserved for expansion)
28-4 SUBCHAPTER F. COST OF COPIES
28-5 Sec. 552.261. DETERMINING COST OF COPIES
28-6 Sec. 552.262. COST FOR NONSTANDARD RECORDS
28-7 Sec. 552.263. BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT FOR
28-8 PREPARATION OF PUBLIC RECORDS
28-9 Sec. 552.264. COPY OF PUBLIC RECORD REQUESTED BY MEMBER OF
28-10 LEGISLATURE
28-11 Sec. 552.265. CERTIFIED RECORD PROVIDED BY DISTRICT OR
28-12 COUNTY CLERK
28-13 Sec. 552.266. COPY OF PUBLIC RECORD PROVIDED BY MUNICIPAL
28-14 COURT CLERK
28-15 Sec. 552.267. WAIVER OR REDUCTION OF FEE FOR COPY OF
28-16 PUBLIC RECORD
28-17 Sec. 552.268. EFFICIENT USE OF PUBLIC RECORDS
28-18 Sec. 552.269. RECOVERY OF OVERPAYMENT FOR PUBLIC RECORD
28-19 (Sections 552.270-552.300 reserved for expansion)
28-20 SUBCHAPTER G. ATTORNEY GENERAL DECISIONS
28-21 Sec. 552.301. REQUEST FOR ATTORNEY GENERAL DECISION
28-22 Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
28-23 GENERAL DECISION; PRESUMPTION THAT INFORMATION
28-24 IS PUBLIC
28-25 Sec. 552.303. DELIVERY OF REQUESTED INFORMATION TO ATTORNEY
28-26 GENERAL; DISCLOSURE OF REQUESTED
28-27 INFORMATION
29-1 Sec. 552.304. SUBMISSION OF PUBLIC COMMENTS
29-2 Sec. 552.305. INFORMATION INVOLVING PRIVACY OR PROPERTY
29-3 INTERESTS OF THIRD PARTY
29-4 Sec. 552.306. RENDITION OF ATTORNEY GENERAL DECISION; ISSUANCE
29-5 OF WRITTEN OPINION
29-6 Sec. 552.307. SPECIAL RIGHT OF ACCESS; ATTORNEY GENERAL
29-7 DECISIONS
29-8 (Sections 552.308-552.320 reserved for expansion)
29-9 SUBCHAPTER H. CIVIL ENFORCEMENT
29-10 Sec. 552.321. APPLICATION FOR WRIT OF MANDAMUS
29-11 Sec. 552.322. DISCOVERY OF INFORMATION UNDER PROTECTIVE ORDER
29-12 PENDING FINAL DETERMINATION
29-13 Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND REASONABLE
29-14 ATTORNEY'S FEES
29-15 (Sections 552.324-552.350 reserved for expansion)
29-16 SUBCHAPTER I. CRIMINAL VIOLATIONS
29-17 Sec. 552.351. DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC
29-18 RECORD
29-19 Sec. 552.352. DISTRIBUTION OF CONFIDENTIAL INFORMATION
29-20 Sec. 552.353. FAILURE OR REFUSAL OF OFFICER FOR PUBLIC RECORDS
29-21 TO PROVIDE ACCESS TO OR COPYING OF PUBLIC
29-22 RECORD
29-23 CHAPTER 552. OPEN RECORDS
29-24 SUBCHAPTER A. GENERAL PROVISIONS
29-25 Sec. 552.001. POLICY; CONSTRUCTION. (a) Under the
29-26 fundamental philosophy of the American constitutional form of
29-27 representative government that adheres to the principle that
30-1 government is the servant and not the master of the people, it is
30-2 the policy of this state that each person is entitled, unless
30-3 otherwise expressly provided by law, at all times to complete
30-4 information about the affairs of government and the official acts
30-5 of public officials and employees. The people, in delegating
30-6 authority, do not give their public servants the right to decide
30-7 what is good for the people to know and what is not good for them
30-8 to know. The people insist on remaining informed so that they may
30-9 retain control over the instruments they have created. The
30-10 provisions of this chapter shall be liberally construed to
30-11 implement this policy.
30-12 (b) This chapter shall be liberally construed in favor of
30-13 granting a request for information. (V.A.C.S. Art. 6252-17a, Secs.
30-14 1, 14(d).)
30-15 Sec. 552.002. DEFINITION OF PUBLIC RECORD. "Public record"
30-16 means the portion of a document, writing, letter, memorandum or
30-17 other written, printed, typed, copied, or developed material that
30-18 contains public information. (V.A.C.S. Art. 6252-17a, Sec. 2
30-19 (part).)
30-20 Sec. 552.003. DEFINITION OF GOVERNMENTAL BODY. (a) In this
30-21 chapter, "governmental body" means:
30-22 (1) a board, commission, department, committee,
30-23 institution, agency, or office that is within or is created by the
30-24 executive or legislative branch of state government and that is
30-25 directed by one or more elected or appointed members;
30-26 (2) a county commissioners court in the state;
30-27 (3) a municipal governing body in the state;
31-1 (4) a deliberative body that has rulemaking or
31-2 quasi-judicial power and that is classified as a department,
31-3 agency, or political subdivision of a county or municipality;
31-4 (5) a school district board of trustees;
31-5 (6) a county board of school trustees;
31-6 (7) a county board of education;
31-7 (8) the governing board of a special district;
31-8 (9) the governing body of a nonprofit corporation
31-9 organized under Chapter 76, Acts of the 43rd Legislature, 1st
31-10 Called Session, 1933 (Article 1434a, Vernon's Texas Civil
31-11 Statutes), that provides a water supply or wastewater service, or
31-12 both, and is exempt from ad valorem taxation under Section 11.30,
31-13 Tax Code; and
31-14 (10) the part, section, or portion of an organization,
31-15 corporation, commission, committee, institution, or agency that
31-16 spends or that is supported in whole or in part by public funds.
31-17 (b) In this chapter, "governmental body" does not include
31-18 the judiciary.
31-19 (c) In this section, "public funds" means funds of the state
31-20 or of a governmental subdivision of the state. (V.A.C.S. Art.
31-21 6252-17a, Sec. 2 (part).)
31-22 Sec. 552.004. PRESERVATION OF RECORDS. A governmental body
31-23 or, for records of an elective county office, the elected county
31-24 officer, may determine a time for which records that are not
31-25 currently in use will be preserved, subject to state laws governing
31-26 the destruction and other disposition of state and local government
31-27 records. (V.A.C.S. Art. 6252-17a, Sec. 5(a) (part).)
32-1 Sec. 552.005. EFFECT OF CHAPTER ON SCOPE OF CIVIL DISCOVERY.
32-2 (a) This chapter does not affect the scope of civil discovery
32-3 under the Texas Rules of Civil Procedure.
32-4 (b) Exceptions from disclosure under this chapter do not
32-5 create new privileges from discovery. (V.A.C.S. Art. 6252-17a,
32-6 Sec. 14(f).)
32-7 Sec. 552.006. EFFECT OF CHAPTER ON WITHHOLDING INFORMATION.
32-8 This chapter does not authorize withholding of information or limit
32-9 the availability of public records to the public, except as
32-10 expressly provided by this chapter. (V.A.C.S. Art. 6252-17a, Secs.
32-11 3(a) (part); 3(b) (part); 14(b).)
32-12 Sec. 552.007. VOLUNTARY DISCLOSURE OF CERTAIN RECORDS WHEN
32-13 DISCLOSURE NOT REQUIRED. (a) This chapter does not prohibit a
32-14 governmental body or its officer for public records from
32-15 voluntarily making part or all of its records available to the
32-16 public, unless the disclosure is expressly prohibited by law or the
32-17 records are confidential under law.
32-18 (b) Records made available under Subsection (a) must be made
32-19 available to any person. (V.A.C.S. Art. 6252-17a, Secs. 3(c)
32-20 (part); 14(a).)
32-21 Sec. 552.008. INFORMATION FOR LEGISLATIVE PURPOSES. This
32-22 chapter does not grant authority to withhold information from
32-23 individual members or committees of the legislature to use for
32-24 legislative purposes. (V.A.C.S. Art. 6252-17a, Secs. 3(b) (part);
32-25 14(c).)
32-26 (Sections 552.009-552.020 reserved for expansion)
32-27 SUBCHAPTER B. RIGHT OF ACCESS TO PUBLIC INFORMATION
33-1 Sec. 552.021. PUBLIC INFORMATION. (a) Information is
33-2 public information if, under a law or ordinance or in connection
33-3 with the transaction of official business, it is collected,
33-4 assembled, or maintained:
33-5 (1) by a governmental body; or
33-6 (2) for a governmental body and the governmental body
33-7 owns the information or has a right of access to it.
33-8 (b) Public information is available to the public during
33-9 normal business hours of the governmental body. (V.A.C.S. Art.
33-10 6252-17a, Sec. 3(a) (part).)
33-11 Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES.
33-12 Without limiting the meaning of other sections of this chapter, the
33-13 following categories of information are public information:
33-14 (1) a completed report, audit, evaluation, or
33-15 investigation made of, for, or by a governmental body;
33-16 (2) the name, sex, ethnicity, salary, title, and dates
33-17 of employment of each employee and officer of a governmental body;
33-18 (3) information in an account, voucher, or contract
33-19 relating to the receipt or expenditure of public or other funds by
33-20 a governmental body, if the information is not otherwise made
33-21 confidential by law;
33-22 (4) the name of each official and the final record of
33-23 voting on all proceedings in a governmental body;
33-24 (5) all working papers, research material, and
33-25 information used to estimate the need for, or expenditure of,
33-26 public funds or taxes by a governmental body, on completion of the
33-27 estimate;
34-1 (6) the name, place of business, and the name of the
34-2 municipality to which local sales and use taxes are credited, if
34-3 any, for the named person, of a person reporting or paying sales
34-4 and use taxes under Chapter 151, Tax Code;
34-5 (7) a description of an agency's central and field
34-6 organization, including:
34-7 (A) the established places at which the public
34-8 may obtain information, submit information or requests, or obtain
34-9 decisions;
34-10 (B) the employees from whom the public may
34-11 obtain information, submit information or requests, or obtain
34-12 decisions;
34-13 (C) in the case of a uniformed service, the
34-14 members from whom the public may obtain information, submit
34-15 information or requests, or obtain decisions; and
34-16 (D) the methods by which the public may obtain
34-17 information, submit information or requests, or obtain decisions;
34-18 (8) a statement of the general course and method by
34-19 which an agency's functions are channeled and determined, including
34-20 the nature and requirements of all formal and informal procedures;
34-21 (9) a rule of procedure, a description of forms
34-22 available or the places at which forms may be obtained, and
34-23 instructions relating to the scope and content of all papers,
34-24 reports, or examinations;
34-25 (10) a substantive rule of general applicability
34-26 adopted by an agency as authorized by law, and a statement of
34-27 general policy or interpretation of general applicability
35-1 formulated and adopted by an agency;
35-2 (11) each amendment, revision, or repeal of
35-3 information described by Subdivisions (7)-(10);
35-4 (12) final opinions, including concurring and
35-5 dissenting opinions, and orders issued in the adjudication of
35-6 cases;
35-7 (13) a policy statement or interpretation that has
35-8 been adopted by an agency;
35-9 (14) administrative staff manuals and instructions to
35-10 staff that affect a member of the public; and
35-11 (15) information regarded as open to the public under
35-12 an agency's policies. (V.A.C.S. Art. 6252-17a, Sec. 6.)
35-13 Sec. 552.023. SPECIAL RIGHT OF ACCESS TO CONFIDENTIAL
35-14 INFORMATION. (a) A person or a person's authorized representative
35-15 has a special right of access, beyond the right of the general
35-16 public, to records and copies of records held by a governmental
35-17 body that contain information relating to the person that is
35-18 protected from public disclosure by laws intended to protect that
35-19 person's privacy interests.
35-20 (b) A governmental body may not deny access to information
35-21 to the person, or the person's representative, to whom the
35-22 information relates on the grounds that the information is
35-23 considered confidential by privacy principles under this chapter,
35-24 but may assert as grounds for denial of access other provisions of
35-25 this chapter or other law that are not intended to protect the
35-26 person's privacy interests.
35-27 (c) A release of information under Subsections (a) and (b)
36-1 is not an offense under Section 552.352.
36-2 (d) A person who receives information under this section may
36-3 disclose the information to others only to the extent consistent
36-4 with the authorized purposes for which consent to release the
36-5 information was obtained.
36-6 (e) Access to information under this section shall be
36-7 provided in the manner prescribed by Sections 552.229 and 552.307.
36-8 (V.A.C.S. Art. 6252-17a, Secs. 3B(a), (c), (d); New.)
36-9 Sec. 552.024. ELECTING TO DISCLOSE ADDRESS AND TELEPHONE
36-10 NUMBER. (a) Each employee or official of a governmental body and
36-11 each former employee or official of a governmental body shall
36-12 choose whether to allow public access to the information in the
36-13 custody of the governmental body relating to the person's home
36-14 address and home telephone number.
36-15 (b) Each employee and official and each former employee and
36-16 official shall state that person's choice under Subsection (a) to
36-17 the main personnel officer of the governmental body in a signed
36-18 writing not later than the 14th day after the date on which:
36-19 (1) the employee begins employment with the
36-20 governmental body;
36-21 (2) the official is elected or appointed; or
36-22 (3) the former employee or official ends service with
36-23 the governmental body.
36-24 (c) If the employee or official or former employee or
36-25 official chooses not to allow public access to the information, the
36-26 information is protected under Subchapter C.
36-27 (d) If an employee or official or a former employee or
37-1 official fails to state the person's choice within the period
37-2 established by this section, the information is subject to public
37-3 access.
37-4 (e) An employee or official or former employee or official
37-5 of a governmental body who wishes to close or open public access to
37-6 the information may request in writing that the main personnel
37-7 officer of the governmental body close or open access. (V.A.C.S.
37-8 Art. 6252-17a, Sec. 3A.)
37-9 Sec. 552.025. TAX RULINGS AND OPINIONS. (a) A governmental
37-10 body with taxing authority that issues a written determination
37-11 letter, technical advice memorandum, or ruling that concerns a tax
37-12 matter shall index the letter, memorandum, or ruling by subject
37-13 matter.
37-14 (b) On request, the governmental body shall make the index
37-15 prepared under Subsection (a) and the document itself available to
37-16 the public, subject to the provisions of this chapter.
37-17 (c) Subchapter C does not authorize withholding from the
37-18 public or limiting the availability to the public of a written
37-19 determination letter, technical advice memorandum, or ruling that
37-20 concerns a tax matter and that is issued by a governmental body
37-21 with taxing authority. (V.A.C.S. Art. 6252-17a, Secs. 3(f); 6A.)
37-22 Sec. 552.026. EDUCATION RECORDS. This chapter does not
37-23 require the release of information contained in education records
37-24 of an educational agency or institution, except in conformity with
37-25 the Family Educational Rights and Privacy Act of 1974, Sec. 513,
37-26 Pub. L. No. 93-380, 20 U.S.C. Sec. 1232g. (V.A.C.S. Art. 6252-17a,
37-27 Sec. 14(e).)
38-1 (Sections 552.027-552.100 reserved for expansion)
38-2 SUBCHAPTER C. INFORMATION EXCEPTED FROM REQUIRED DISCLOSURE
38-3 Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION.
38-4 Information is excepted from the requirements of Section 552.021 if
38-5 it is information considered to be confidential by law, either
38-6 constitutional, statutory, or by judicial decision. (V.A.C.S. Art.
38-7 6252-17a, Sec. 3(a) (part).)
38-8 Sec. 552.102. EXCEPTION: PERSONNEL INFORMATION. (a)
38-9 Information is excepted from the requirements of Section 552.021 if
38-10 it is information in a personnel file, the disclosure of which
38-11 would constitute a clearly unwarranted invasion of personal
38-12 privacy, except that all information in the personnel file of an
38-13 employee of a governmental body is to be made available to that
38-14 employee or the employee's designated representative as public
38-15 information is made available under this chapter.
38-16 (b) Information is excepted from the requirements of Section
38-17 552.021 if it is a transcript from an institution of higher
38-18 education maintained in the personnel file of a professional public
38-19 school employee, except that this section does not exempt from
38-20 disclosure the degree obtained or the curriculum on a transcript in
38-21 the personnel file of the employee. (V.A.C.S. Art. 6252-17a, Sec.
38-22 3(a) (part).)
38-23 Sec. 552.103. EXCEPTION: LITIGATION OR SETTLEMENT
38-24 NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION. (a)
38-25 Information is excepted from the requirements of Section 552.021 if
38-26 it is information:
38-27 (1) relating to litigation of a civil or criminal
39-1 nature or settlement negotiations, to which the state or a
39-2 political subdivision is or may be a party or to which an officer
39-3 or employee of the state or a political subdivision, as a
39-4 consequence of the person's office or employment, is or may be a
39-5 party; and
39-6 (2) that the attorney general or the attorney of the
39-7 political subdivision respectively has determined should be
39-8 withheld from public inspection.
39-9 (b) For purposes of this section, the state or a political
39-10 subdivision is considered to be a party to litigation of a criminal
39-11 nature until the applicable statute of limitations has expired or
39-12 until the defendant has exhausted all appellate and postconviction
39-13 remedies in state and federal court. (V.A.C.S. Art. 6252-17a,
39-14 Secs. 3(a) (part); 3(e).)
39-15 Sec. 552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION
39-16 OR BIDDING. Information is excepted from the requirements of
39-17 Section 552.021 if it is information that, if released, would give
39-18 advantage to a competitor or bidder. (V.A.C.S. Art. 6252-17a, Sec.
39-19 3(a) (part).)
39-20 Sec. 552.105. EXCEPTION: INFORMATION RELATED TO LOCATION OR
39-21 PRICE OF PROPERTY. Information is excepted from the requirements
39-22 of Section 552.021 if it is information relating to:
39-23 (1) the location of real or personal property for a
39-24 public purpose before public announcement of the project; or
39-25 (2) appraisals or purchase price of real or personal
39-26 property for a public purpose before the formal award of contracts
39-27 for the property. (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
40-1 Sec. 552.106. EXCEPTION: CERTAIN LEGISLATIVE DOCUMENTS. A
40-2 draft or working paper involved in the preparation of proposed
40-3 legislation is excepted from the requirements of Section 552.021.
40-4 (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
40-5 Sec. 552.107. EXCEPTION: CERTAIN LEGAL MATTERS.
40-6 Information is excepted from the requirements of Section 552.021
40-7 if:
40-8 (1) it is information that the attorney general or an
40-9 attorney of a political subdivision is prohibited from disclosing
40-10 because of a duty to the client under the Rules of the State Bar of
40-11 Texas; or
40-12 (2) a court by order has prohibited disclosure of the
40-13 information. (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
40-14 Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT AND
40-15 PROSECUTORIAL RECORDS. (a) A record of a law enforcement agency
40-16 or prosecutor that deals with the detection, investigation, or
40-17 prosecution of crime is excepted from the requirements of Section
40-18 552.021.
40-19 (b) An internal record or notation of a law enforcement
40-20 agency or prosecutor that is maintained for internal use in matters
40-21 relating to law enforcement or prosecution is excepted from the
40-22 requirements of Section 552.021. (V.A.C.S. Art. 6252-17a, Sec.
40-23 3(a) (part).)
40-24 Sec. 552.109. EXCEPTION: CERTAIN PRIVATE COMMUNICATIONS OF
40-25 AN ELECTED OFFICE HOLDER. Private correspondence or communications
40-26 of an elected office holder relating to matters the disclosure of
40-27 which would constitute an invasion of privacy are excepted from the
41-1 requirements of Section 552.021. (V.A.C.S. Art. 6252-17a, Sec.
41-2 3(a) (part).)
41-3 Sec. 552.110. EXCEPTION: TRADE SECRETS, COMMERCIAL
41-4 INFORMATION, OR FINANCIAL INFORMATION. A trade secret or
41-5 commercial or financial information obtained from a person and
41-6 privileged or confidential by statute or judicial decision is
41-7 excepted from the requirements of Section 552.021. (V.A.C.S. Art.
41-8 6252-17a, Sec. 3(a) (part).)
41-9 Sec. 552.111. EXCEPTION: AGENCY MEMORANDA. An inter-agency
41-10 or intra-agency memorandum or letter that would not be available by
41-11 law to a party in litigation with the agency is excepted from the
41-12 requirements of Section 552.021. (V.A.C.S. Art. 6252-17a, Sec.
41-13 3(a) (part).)
41-14 Sec. 552.112. EXCEPTION: CERTAIN INFORMATION RELATING TO
41-15 REGULATION OF FINANCIAL INSTITUTIONS OR SECURITIES. (a)
41-16 Information is excepted from the requirements of Section 552.021 if
41-17 it is information contained in or relating to examination,
41-18 operating, or condition reports prepared by or for an agency
41-19 responsible for the regulation or supervision of financial
41-20 institutions or securities, or both.
41-21 (b) In this section, "securities" has the meaning assigned
41-22 by The Securities Act (Article 581-1 et seq., Vernon's Texas Civil
41-23 Statutes). (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
41-24 Sec. 552.113. EXCEPTION: GEOLOGICAL OR GEOPHYSICAL
41-25 INFORMATION. Information is excepted from the requirements of
41-26 Section 552.021 if it is:
41-27 (1) an electric log confidential under Subchapter M,
42-1 Chapter 91, Natural Resources Code; or
42-2 (2) geological or geophysical information or data,
42-3 including maps concerning wells, except information filed in
42-4 connection with an application or proceeding before an agency.
42-5 (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
42-6 Sec. 552.114. EXCEPTION: STUDENT RECORDS. (a) Information
42-7 is excepted from the requirements of Section 552.021 if it is
42-8 information in a student record at an educational institution
42-9 funded wholly or partly by state revenue.
42-10 (b) A record under Subsection (a) shall be made available on
42-11 the request of:
42-12 (1) educational institution personnel;
42-13 (2) the student involved or the student's parent,
42-14 legal guardian, or spouse; or
42-15 (3) a person conducting a child abuse investigation
42-16 required by Section 34.05, Family Code. (V.A.C.S. Art. 6252-17a,
42-17 Sec. 3(a) (part).)
42-18 Sec. 552.115. EXCEPTION: BIRTH AND DEATH RECORDS. A birth
42-19 or death record maintained by the bureau of vital statistics of the
42-20 Texas Department of Health is excepted from the requirements of
42-21 Section 552.021, except that:
42-22 (1) a birth record is public information and available
42-23 to the public on and after the 50th anniversary of the date on
42-24 which the record is filed with the bureau of vital statistics or
42-25 local registration official; and
42-26 (2) a death record is public information and available
42-27 to the public on and after the 25th anniversary of the date on
43-1 which the record is filed with the bureau of vital statistics or
43-2 local registration official. (V.A.C.S. Art. 6252-17a, Sec. 3(a)
43-3 (part).)
43-4 Sec. 552.116. EXCEPTION: STATE AUDITOR WORKING PAPERS. An
43-5 audit working paper of the state auditor is excepted from the
43-6 requirements of Section 552.021. (V.A.C.S. Art. 6252-17a, Sec.
43-7 3(a) (part).)
43-8 Sec. 552.117. EXCEPTION: CERTAIN ADDRESSES, TELEPHONE
43-9 NUMBERS, AND SOCIAL SECURITY NUMBERS. Information is excepted from
43-10 the requirements of Section 552.021 if it is information relating
43-11 to:
43-12 (1) the home address or home telephone number of:
43-13 (A) a current or former official or employee of
43-14 a governmental body, except as otherwise provided by Section
43-15 552.024; or
43-16 (B) a peace officer as defined by Article 2.12,
43-17 Code of Criminal Procedure, or a security officer commissioned
43-18 under Section 51.212, Education Code; or
43-19 (2) the home address, home telephone number, or social
43-20 security number of an employee of the Texas Department of Criminal
43-21 Justice, or the home or employment address or telephone number,
43-22 name, or social security number of a family member of the employee.
43-23 (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
43-24 Sec. 552.118. EXCEPTION: TRIPLICATE PRESCRIPTION FORM.
43-25 Information is excepted from the requirements of Section 552.021 if
43-26 it is information on or derived from a triplicate prescription form
43-27 filed with the Department of Public Safety under Section 481.075,
44-1 Health and Safety Code. (V.A.C.S. Art. 6252-17a, Sec. 3(a)
44-2 (part).)
44-3 Sec. 552.119. EXCEPTION: PHOTOGRAPH OF PEACE OFFICER OR
44-4 CERTAIN SECURITY GUARDS. (a) A photograph that depicts a peace
44-5 officer as defined by Article 2.12, Code of Criminal Procedure, or
44-6 a security officer commissioned under Section 51.212, Education
44-7 Code, the release of which would endanger the life or physical
44-8 safety of the officer, is excepted from the requirements of Section
44-9 552.021 unless:
44-10 (1) the officer is under indictment or charged with an
44-11 offense by information;
44-12 (2) the officer is a party in a fire or police civil
44-13 service hearing or a case in arbitration; or
44-14 (3) the photograph is introduced as evidence in a
44-15 judicial proceeding.
44-16 (b) A photograph exempt from disclosure under Subsection (a)
44-17 may be made public only if the peace officer or security officer
44-18 gives written consent to the disclosure. (V.A.C.S. Art. 6252-17a,
44-19 Secs. 3(a) (part); 3(c) (part).)
44-20 Sec. 552.120. EXCEPTION: CERTAIN RARE BOOKS AND ORIGINAL
44-21 MANUSCRIPTS. A rare book or original manuscript that was not
44-22 created or maintained in the conduct of official business of a
44-23 governmental body and that is held by a private or public archival
44-24 and manuscript repository for the purpose of historical research is
44-25 excepted from the requirements of Section 552.021. (V.A.C.S. Art.
44-26 6252-17a, Sec. 3(a) (part).)
44-27 Sec. 552.121. EXCEPTION: CERTAIN DOCUMENTS HELD FOR
45-1 HISTORICAL RESEARCH. An oral history interview, personal paper,
45-2 unpublished letter, or organizational record of a nongovernmental
45-3 entity that was not created or maintained in the conduct of
45-4 official business of a governmental body and that is held by a
45-5 private or public archival and manuscript repository for the
45-6 purpose of historical research is excepted from the requirements of
45-7 Section 552.021 to the extent that the archival and manuscript
45-8 repository and the donor of the interview, paper, letter, or record
45-9 agree to limit disclosure of the item. (V.A.C.S. Art. 6252-17a,
45-10 Sec. 3(a) (part).)
45-11 Sec. 552.122. EXCEPTION: CURRICULUM OBJECTIVES AND TEST
45-12 ITEMS. (a) A curriculum objective or test item developed by an
45-13 educational institution that is funded wholly or in part by state
45-14 revenue is excepted from the requirements of Section 552.021.
45-15 (b) A test item developed by a licensing agency or
45-16 governmental body is excepted from the requirements of Section
45-17 552.021. (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
45-18 Sec. 552.123. EXCEPTION: NAME OF APPLICANT FOR CHIEF
45-19 EXECUTIVE OFFICER OF INSTITUTION OF HIGHER EDUCATION. The name of
45-20 an applicant for the position of chief executive officer of an
45-21 institution of higher education is excepted from the requirements
45-22 of Section 552.021, except that the governing body of the
45-23 institution must give public notice of the name or names of the
45-24 finalists being considered for the position at least 21 days before
45-25 the date of the meeting at which final action or vote is to be
45-26 taken on the employment of the person. (V.A.C.S. Art. 6252-17a,
45-27 Sec. 3(a)(23).)
46-1 (Sections 552.124-552.200 reserved for expansion)
46-2 SUBCHAPTER D. OFFICER FOR PUBLIC RECORDS
46-3 Sec. 552.201. IDENTITY OF OFFICER FOR PUBLIC RECORDS. (a)
46-4 The chief administrative officer of a governmental body is the
46-5 officer for public records, except as provided by Subsection (b).
46-6 (b) Each elected county officer is the officer for public
46-7 records and the custodian, as defined by Section 201.003, Local
46-8 Government Code, of the records created or received by that county
46-9 officer's office. (V.A.C.S. Art. 6252-17a, Sec. 5(a) (part).)
46-10 Sec. 552.202. DEPARTMENT HEADS. Each department head is an
46-11 agent of the officer for public records for the purposes of
46-12 complying with this chapter. (V.A.C.S. Art. 6252-17a, Sec. 5(a)
46-13 (part).)
46-14 Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC RECORDS.
46-15 Each officer for public records, subject to penalties provided in
46-16 this chapter, shall:
46-17 (1) make public records available for public
46-18 inspection and copying;
46-19 (2) carefully protect public records from
46-20 deterioration, alteration, mutilation, loss, or unlawful removal;
46-21 and
46-22 (3) repair, renovate, or rebind public records as
46-23 necessary to maintain them properly. (V.A.C.S. Art. 6252-17a, Sec.
46-24 5(a) (part).)
46-25 (Sections 552.204-552.220 reserved for expansion)
46-26 SUBCHAPTER E. PROCEDURES RELATED TO ACCESS
46-27 Sec. 552.221. APPLICATION FOR PUBLIC INFORMATION. (a) An
47-1 officer for public records of a governmental body shall promptly
47-2 produce public information for inspection, duplication, or both, in
47-3 the offices of the governmental body on application by any person
47-4 to the officer.
47-5 (b) If the requested information is unavailable at the time
47-6 of the request to examine because it is in active use or in
47-7 storage, the officer for public records shall certify this fact in
47-8 writing to the applicant and set a date and hour within a
47-9 reasonable time when the record will be available for inspection or
47-10 duplication. (V.A.C.S. Art. 6252-17a, Sec. 4 (part).)
47-11 Sec. 552.222. PERMISSIBLE INQUIRY OF PERSON APPLYING FOR
47-12 INSPECTION OF RECORDS. The officer for public records and the
47-13 officer's agent may not make an inquiry of a person who applies for
47-14 inspection or copying of a public record except to establish proper
47-15 identification and the public records requested. (V.A.C.S. Art.
47-16 6252-17a, Sec. 5(b) (part).)
47-17 Sec. 552.223. UNIFORM TREATMENT OF REQUESTS FOR INFORMATION.
47-18 The officer for public records or the officer's agent shall treat
47-19 all requests for information uniformly without regard to the
47-20 position or occupation of the person making the request, the person
47-21 on whose behalf the request is made, or the status of the
47-22 individual as a member of the media. (V.A.C.S. Art. 6252-17a, Sec.
47-23 5(c).)
47-24 Sec. 552.224. COMFORT AND FACILITY. The officer for public
47-25 records or the officer's agent shall give to a person requesting
47-26 public records all reasonable comfort and facility for the full
47-27 exercise of the right granted by this chapter. (V.A.C.S. Art.
48-1 6252-17a, Sec. 5(b) (part).)
48-2 Sec. 552.225. TIME FOR EXAMINATION. (a) A person
48-3 requesting public information must complete the examination of the
48-4 information not later than the 10th day after the date the
48-5 custodian of the information makes it available to the person.
48-6 (b) The officer for public records shall extend the initial
48-7 examination period by an additional 10 days if, within the initial
48-8 period, the person requesting the information files with the
48-9 officer for public records a written request for additional time.
48-10 The officer for public records shall extend an additional
48-11 examination period by another 10 days if, within the additional
48-12 period, the person requesting the information files with the
48-13 officer for public records a written request for more additional
48-14 time.
48-15 (c) The time during which a person may examine information
48-16 may be interrupted by the officer for public records if the
48-17 information is needed for use by the governmental body. The period
48-18 of interruption is not considered to be a part of the time during
48-19 which the person may examine the information. (V.A.C.S. Art.
48-20 6252-17a, Sec. 4A.)
48-21 Sec. 552.226. REMOVAL OF ORIGINAL RECORD. This chapter does
48-22 not authorize a person to remove an original copy of a public
48-23 record from the office of a governmental body. (V.A.C.S. Art.
48-24 6252-17a, Sec. 4 (part).)
48-25 Sec. 552.227. RESEARCH OF STATE LIBRARY HOLDINGS NOT
48-26 REQUIRED. An officer for public records or the officer's agent is
48-27 not required to perform general research within the reference and
49-1 research archives and holdings of state libraries. (V.A.C.S. Art.
49-2 6252-17a, Sec. 3(d).)
49-3 Sec. 552.228. PROVIDING SUITABLE COPY OF RECORD WITHIN
49-4 REASONABLE TIME. It shall be a policy of a governmental body to
49-5 provide a suitable copy of a public record within a reasonable time
49-6 after the date on which the copy is requested. (V.A.C.S. Art.
49-7 6252-17a, Sec. 9(c) (part).)
49-8 Sec. 552.229. CONSENT TO RELEASE INFORMATION UNDER SPECIAL
49-9 RIGHT OF ACCESS. (a) Consent for the release of information
49-10 excepted from disclosure to the general public but available to a
49-11 specific person under Sections 552.023 and 552.307 must be in
49-12 writing and signed by the specific person or the person's
49-13 authorized representative.
49-14 (b) An individual under 18 years of age may consent to the
49-15 release of information under this section only with the additional
49-16 written authorization of the individual's parent or guardian.
49-17 (c) An individual who has been adjudicated incompetent to
49-18 manage the individual's personal affairs or for whom an attorney ad
49-19 litem has been appointed may consent to the release of information
49-20 under this section only by the written authorization of the
49-21 designated legal guardian or attorney ad litem. (V.A.C.S. Art.
49-22 6252-17a, Sec. 3B(b).)
49-23 Sec. 552.230. RULES OF PROCEDURE FOR INSPECTION OF PUBLIC
49-24 RECORDS. A governmental body may adopt reasonable rules of
49-25 procedure under which public records may be inspected efficiently,
49-26 safely, and without delay. (V.A.C.S. Art. 6252-17a, Sec. 13.)
49-27 (Sections 552.231-552.260 reserved for expansion)
50-1 SUBCHAPTER F. COST OF COPIES
50-2 Sec. 552.261. DETERMINING COST OF COPIES. (a) A
50-3 governmental body may not charge an excessive amount for
50-4 noncertified, photographic reproductions of public records
50-5 comprised of pages that are legal size or smaller.
50-6 (b) The cost of obtaining a standard or legal size
50-7 photographic reproduction shall be an amount that reasonably
50-8 includes all costs related to reproducing the record, including
50-9 costs of materials, labor, and overhead, unless the request is for
50-10 50 or fewer pages of readily available information.
50-11 (c) The General Services Commission shall periodically
50-12 determine guidelines for the actual cost of standard size
50-13 reproductions and shall periodically publish these cost figures for
50-14 use by governmental bodies in determining charges under this
50-15 subchapter. (V.A.C.S. Art. 6252-17a, Sec. 9(a).)
50-16 Sec. 552.262. COST FOR NONSTANDARD RECORDS. The charge for
50-17 access to public records that are comprised in a form other than
50-18 standard or smaller sized pages or that are in computer record
50-19 banks, microfilm records, or other similar record keeping systems
50-20 shall be set:
50-21 (1) making every effort to match the charge with the
50-22 actual cost of providing the record;
50-23 (2) after consultation between a governmental body's
50-24 officer for public records and the General Services Commission; and
50-25 (3) in an amount that reasonably includes all costs
50-26 related to providing the record, including costs of materials,
50-27 labor, and overhead. (V.A.C.S. Art. 6252-17a, Sec. 9(b).)
51-1 Sec. 552.263. BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT
51-2 FOR PREPARATION OF PUBLIC RECORDS. An officer for public records
51-3 or the officer's agent may require a bond for payment of costs or
51-4 cash prepayment of anticipated costs for the preparation of a
51-5 public record if the preparation of the record would be unduly
51-6 costly and its reproduction would cause undue hardship to the
51-7 department or agency if the costs were not paid. (V.A.C.S.
51-8 Art. 6252-17a, Sec. 11.)
51-9 Sec. 552.264. COPY OF PUBLIC RECORD REQUESTED BY MEMBER OF
51-10 LEGISLATURE. One copy of a public record that is requested from a
51-11 state agency by a member of the legislature in the performance of
51-12 the member's duties shall be provided without charge. (V.A.C.S.
51-13 Art. 6252-17a, Sec. 9(e).)
51-14 Sec. 552.265. CERTIFIED RECORD PROVIDED BY DISTRICT OR
51-15 COUNTY CLERK. The charge for a copy made in a district or county
51-16 clerk's office may be more than the actual cost of copies, as
51-17 provided by Sections 552.261 and 552.262, only if a certified
51-18 record, the cost of which is set by law, is requested. (V.A.C.S.
51-19 Art. 6252-17a, Sec. 9(d).)
51-20 Sec. 552.266. COPY OF PUBLIC RECORD PROVIDED BY MUNICIPAL
51-21 COURT CLERK. The charge for a copy made by a municipal court clerk
51-22 shall be the charge provided by municipal ordinance. (V.A.C.S.
51-23 Art. 6252-17a, Sec. 9(f).)
51-24 Sec. 552.267. WAIVER OR REDUCTION OF FEE FOR COPY OF PUBLIC
51-25 RECORD. A governmental body shall furnish public records without
51-26 charge or at a reduced charge if the governmental body determines
51-27 that waiver or reduction of the fee is in the public interest
52-1 because furnishing the information primarily benefits the general
52-2 public. (V.A.C.S. Art. 6252-17a, Sec. 9(g).)
52-3 Sec. 552.268. EFFICIENT USE OF PUBLIC RECORDS. A
52-4 governmental body shall make reasonably efficient use of each page
52-5 of a public record to avoid excessive reproduction costs.
52-6 (V.A.C.S. Art. 6252-17a, Sec. 9(c) (part).)
52-7 Sec. 552.269. RECOVERY OF OVERPAYMENT FOR PUBLIC RECORD. A
52-8 person who overpays for a copy of a public record because a
52-9 governmental body refuses or fails to provide the copy at the
52-10 actual cost of reproducing the record as provided by Sections
52-11 552.261 and 552.262 is entitled to recover three times the amount
52-12 of the overcharge if the governmental body did not act in good
52-13 faith in computing the costs. (V.A.C.S. Art. 6252-17a, Sec. 9(h).)
52-14 (Sections 552.270-552.300 reserved for expansion)
52-15 SUBCHAPTER G. ATTORNEY GENERAL DECISIONS
52-16 Sec. 552.301. REQUEST FOR ATTORNEY GENERAL DECISION. (a) A
52-17 governmental body that receives a written request for information
52-18 that it considers to be within one of the exceptions under
52-19 Subchapter C must ask for a decision from the attorney general
52-20 about whether the information is within that exception if there has
52-21 not been a previous determination about whether the information
52-22 falls within one of the exceptions. The governmental body must ask
52-23 for the attorney general's decision within a reasonable time but
52-24 not later than the 10th calendar day after the date of receiving
52-25 the written request.
52-26 (b) A governmental body that wishes to withhold information
52-27 must submit written comments stating the reasons why the
53-1 information should be withheld. (V.A.C.S. Art. 6252-17a, Secs.
53-2 7(a) (part), (b) (part).)
53-3 Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
53-4 GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
53-5 governmental body does not request an attorney general decision as
53-6 provided by Section 552.301(a), the information requested in
53-7 writing is presumed to be public information. (V.A.C.S. Art.
53-8 6252-17a, Sec. 7(a) (part).)
53-9 Sec. 552.303. DELIVERY OF REQUESTED INFORMATION TO ATTORNEY
53-10 GENERAL; DISCLOSURE OF REQUESTED INFORMATION. A governmental body
53-11 that requests an attorney general decision under this subchapter
53-12 shall supply to the attorney general the specific information
53-13 requested and shall not disclose the information to the public or
53-14 to the party requesting the information until the attorney general
53-15 makes a final determination or, if suit is filed under this
53-16 chapter, until a final decision has been made by the court with
53-17 jurisdiction over the suit. (V.A.C.S. Art. 6252-17a, Sec. 7(b)
53-18 (part).)
53-19 Sec. 552.304. SUBMISSION OF PUBLIC COMMENTS. A member of
53-20 the public may submit written comments stating reasons why the
53-21 information at issue in a request for an attorney general decision
53-22 should or should not be released. (V.A.C.S. Art. 6252-17a, Sec.
53-23 7(b) (part).)
53-24 Sec. 552.305. INFORMATION INVOLVING PRIVACY OR PROPERTY
53-25 INTERESTS OF THIRD PARTY. (a) In a case in which information is
53-26 requested under this chapter and a third party's privacy or
53-27 property interests may be involved, including a case under Section
54-1 552.101, 552.104, 552.110, or 552.114, a governmental body may
54-2 decline to release the information for the purpose of requesting an
54-3 attorney general decision.
54-4 (b) A person whose interests may be involved under
54-5 Subsection (a), or any other person, may submit in writing to the
54-6 attorney general the person's reasons why the information should be
54-7 withheld or released.
54-8 (c) The governmental body may, but is not required to,
54-9 submit its reasons why the information should be withheld or
54-10 released. (V.A.C.S. Art. 6252-17a, Sec. 7(c).)
54-11 Sec. 552.306. RENDITION OF ATTORNEY GENERAL DECISION;
54-12 ISSUANCE OF WRITTEN OPINION. (a) The attorney general shall
54-13 promptly render a decision requested under this subchapter,
54-14 consistent with the standards of due process, determining whether
54-15 the requested information is a public record or is within one of
54-16 the exceptions of Subchapter C.
54-17 (b) The attorney general shall issue a written opinion of
54-18 the determination. (V.A.C.S. Art. 6252-17a, Sec. 7(b) (part).)
54-19 Sec. 552.307. SPECIAL RIGHT OF ACCESS; ATTORNEY GENERAL
54-20 DECISIONS. (a) If a governmental body determines that information
54-21 subject to a special right of access under Section 552.023 is
54-22 exempt from disclosure under an exception of Subchapter C, other
54-23 than an exception intended to protect the privacy interest of the
54-24 requestor or the person whom the requestor is authorized to
54-25 represent, the governmental body shall, before disclosing the
54-26 information, submit a written request for a decision to the
54-27 attorney general under the procedures of this subchapter.
55-1 (b) If a decision is not requested under Subsection (a), the
55-2 governmental body shall release the information to the person with
55-3 a special right of access under Section 552.023 not later than the
55-4 10th day after the date of receiving the request for information.
55-5 (V.A.C.S. Art. 6252-17a, Sec. 3B(e).)
55-6 (Sections 552.308-552.320 reserved for expansion)
55-7 SUBCHAPTER H. CIVIL ENFORCEMENT
55-8 Sec. 552.321. APPLICATION FOR WRIT OF MANDAMUS. A person
55-9 requesting information or the attorney general may apply for a writ
55-10 of mandamus compelling a governmental body to make information
55-11 available for public inspection if the governmental body refuses to
55-12 request an attorney general's decision as provided by Subchapter G
55-13 or refuses to supply public information or information that the
55-14 attorney general has determined is a public record. (V.A.C.S. Art.
55-15 6252-17a, Sec. 8(a).)
55-16 Sec. 552.322. DISCOVERY OF INFORMATION UNDER PROTECTIVE
55-17 ORDER PENDING FINAL DETERMINATION. In a suit filed under this
55-18 chapter, the court may order that the information at issue may be
55-19 discovered only under a protective order until a final
55-20 determination is made. (V.A.C.S. Art. 6252-17a, Sec. 7(b) (part).)
55-21 Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND
55-22 REASONABLE ATTORNEY'S FEES. (a) In an action brought under
55-23 Section 552.321 or Section 552.353(b)(3), the court may assess
55-24 costs of litigation and reasonable attorney's fees incurred by a
55-25 plaintiff or defendant who substantially prevails.
55-26 (b) In exercising its discretion under this section, the
55-27 court shall consider whether the conduct of the governmental body
56-1 had a reasonable basis in law and whether the litigation was
56-2 brought in good faith. (V.A.C.S. Art. 6252-17a, Sec. 8(b).)
56-3 (Sections 552.324-552.350 reserved for expansion)
56-4 SUBCHAPTER I. CRIMINAL VIOLATIONS
56-5 Sec. 552.351. DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC
56-6 RECORD. (a) A person commits an offense if the person wilfully
56-7 destroys, mutilates, removes without permission as provided by this
56-8 chapter, or alters a public record.
56-9 (b) An offense under this section is a misdemeanor
56-10 punishable by:
56-11 (1) a fine of not less than $25 or more than $4,000;
56-12 (2) confinement in the county jail for not less than
56-13 three days or more than three months; or
56-14 (3) both the fine and confinement. (V.A.C.S. Art.
56-15 6252-17a, Sec. 12.)
56-16 Sec. 552.352. DISTRIBUTION OF CONFIDENTIAL INFORMATION. (a)
56-17 A person commits an offense if the person distributes information
56-18 considered confidential under the terms of this chapter.
56-19 (b) An offense under this section is a misdemeanor
56-20 punishable by:
56-21 (1) a fine of not more than $1,000;
56-22 (2) confinement in the county jail for not more than
56-23 six months; or
56-24 (3) both the fine and confinement.
56-25 (c) A violation under this section constitutes official
56-26 misconduct. (V.A.C.S. Art. 6252-17a, Secs. 10(a), (f) (part).)
56-27 Sec. 552.353. FAILURE OR REFUSAL OF OFFICER FOR PUBLIC
57-1 RECORDS TO PROVIDE ACCESS TO OR COPYING OF PUBLIC RECORD. (a) An
57-2 officer for public records, or the officer's agent, commits an
57-3 offense if, with criminal negligence, the officer or the officer's
57-4 agent fails or refuses to give access to, or to permit or provide
57-5 copying of, public records to a person on request as provided by
57-6 this chapter.
57-7 (b) It is an affirmative defense to prosecution under
57-8 Subsection (a) that the officer for public records reasonably
57-9 believed that public access to the requested records was not
57-10 required and that the officer:
57-11 (1) acted in reasonable reliance on a court order or a
57-12 written interpretation of this chapter contained in an opinion of a
57-13 court of record or of the attorney general issued under Subchapter
57-14 G;
57-15 (2) requested a decision from the attorney general in
57-16 accordance with Subchapter G, and the decision is pending; or
57-17 (3) not later than the 10th calendar day after the
57-18 date of receipt of a decision by the attorney general that the
57-19 information is public, filed a petition for a declaratory judgment,
57-20 a writ of mandamus, or both, against the attorney general in a
57-21 Travis County district court seeking relief from compliance with
57-22 the decision of the attorney general, and a petition is pending.
57-23 (c) It is an affirmative defense to prosecution under
57-24 Subsection (a) that a person or entity has, not later than the
57-25 10th calendar day after the date of receipt by a governmental body
57-26 of a decision by the attorney general that the information is
57-27 public, filed a cause of action seeking relief from compliance with
58-1 the decision of the attorney general, and the cause is pending.
58-2 (d) It is an affirmative defense to prosecution under
58-3 Subsection (a) that the defendant is the agent of an officer for
58-4 public records and that the agent reasonably relied on the written
58-5 instruction of the officer for public records not to disclose the
58-6 public records requested.
58-7 (e) An offense under this section is a misdemeanor
58-8 punishable by:
58-9 (1) a fine of not more than $1,000;
58-10 (2) confinement in the county jail for not more than
58-11 six months; or
58-12 (3) both the fine and confinement.
58-13 (f) A violation under this section constitutes official
58-14 misconduct. (V.A.C.S. Art. 6252-17a, Secs. 10(b), (c), (d), (e),
58-15 (f) (part).)
58-16 CHAPTER 553. PUBLIC DISCLOSURE
58-17 SUBCHAPTER A. DISCLOSURE BY PUBLIC SERVANT OF INTEREST IN PROPERTY
58-18 TO BE ACQUIRED WITH PUBLIC FUNDS
58-19 Sec. 553.001. DEFINITIONS
58-20 Sec. 553.002. DISCLOSURE OF INTEREST IN PROPERTY
58-21 Sec. 553.003. CRIMINAL PENALTY; PRESUMPTION
58-22 (Sections 553.004-553.020 reserved for expansion)
58-23 SUBCHAPTER B. FAILURE BY PUBLIC OFFICER TO PUBLISH LEGAL NOTICE OR
58-24 FINANCIAL STATEMENT
58-25 Sec. 553.021. DEFINITION
58-26 Sec. 553.022. FAILURE TO PUBLISH LEGAL NOTICE OR FINANCIAL
58-27 STATEMENT; CIVIL PENALTY
59-1 Sec. 553.023. ENFORCEMENT
59-2 CHAPTER 553. PUBLIC DISCLOSURE
59-3 SUBCHAPTER A. DISCLOSURE BY PUBLIC SERVANT OF INTEREST IN PROPERTY
59-4 TO BE ACQUIRED WITH PUBLIC FUNDS
59-5 Sec. 553.001. DEFINITIONS. In this subchapter:
59-6 (1) "Public funds" includes only funds collected by or
59-7 through a government.
59-8 (2) "Public servant" means a person who is elected,
59-9 appointed, employed, or designated, even if not yet qualified for
59-10 or having assumed the duties of office, as:
59-11 (A) a candidate for nomination or election to
59-12 public office; or
59-13 (B) an officer of government. (V.A.C.S. Art.
59-14 6252-9e, Secs. (a)(1), (5).)
59-15 Sec. 553.002. DISCLOSURE OF INTEREST IN PROPERTY. (a) A
59-16 public servant who has a legal or equitable interest in property
59-17 that is to be acquired with public funds shall file an affidavit
59-18 within 10 days before the date on which the property is to be
59-19 acquired by purchase or condemnation.
59-20 (b) The affidavit must:
59-21 (1) state the name of the public servant;
59-22 (2) state the public servant's office, public title,
59-23 or job designation;
59-24 (3) fully describe the property;
59-25 (4) fully describe the nature, type, and amount of
59-26 interest in the property, including the percentage of ownership
59-27 interest;
60-1 (5) state the date when the person acquired an
60-2 interest in the property;
60-3 (6) include a verification as follows: "I swear that
60-4 the information in this affidavit is personally known by me to be
60-5 correct, and contains the information required by Section 553.002,
60-6 Government Code"; and
60-7 (7) contain an acknowledgement of the same type
60-8 required for recording a deed in the deed records of the county.
60-9 (c) The affidavit must be filed with:
60-10 (1) the county clerk of the county in which the public
60-11 servant resides; and
60-12 (2) the county clerk of each county in which the
60-13 property is located. (V.A.C.S. Art. 6252-9e, Secs. (a)(2), (4);
60-14 (b) (part); (c) (part).)
60-15 Sec. 553.003. CRIMINAL PENALTY; PRESUMPTION. (a) A person
60-16 commits an offense if the person violates Section 553.002 and the
60-17 person has actual notice of the acquisition or intended acquisition
60-18 of the legal or equitable interest in the property.
60-19 (b) A person who violates Section 553.002 by not filing the
60-20 affidavit required by that section is presumed to have the intent
60-21 to commit an offense under this section.
60-22 (c) An offense under this section is a Class A misdemeanor.
60-23 (V.A.C.S. Art. 6252-9e, Secs. (b) (part), (c) (part), (d).)
60-24 (Sections 553.004-553.020 reserved for expansion)
60-25 SUBCHAPTER B. FAILURE BY PUBLIC OFFICER TO PUBLISH LEGAL NOTICE
60-26 OR FINANCIAL STATEMENT
60-27 Sec. 553.021. DEFINITION. In this subchapter, "public
61-1 officer" means an officer of the state or of a county,
61-2 municipality, or school district of the state. (New.)
61-3 Sec. 553.022. FAILURE TO PUBLISH LEGAL NOTICE OR FINANCIAL
61-4 STATEMENT; CIVIL PENALTY. (a) A public officer who is required by
61-5 law to publish a legal notice or financial statement commits
61-6 nonfeasance of office if the officer fails to make the publication.
61-7 (b) A public officer who commits nonfeasance of office:
61-8 (1) is subject to forfeiture of salary for the month
61-9 in which the notice or statement is not published; and
61-10 (2) may be removed from office if the officer wilfully
61-11 continues to commit nonfeasance of office under Subsection (a).
61-12 (V.A.C.S. Art. 6252-2, Sec. 1.)
61-13 Sec. 553.023. ENFORCEMENT. (a) The county or district
61-14 attorney of the county in which a public officer who commits
61-15 nonfeasance of office under Section 553.022 resides may file an
61-16 action to enjoin or recover payment of salary or to remove the
61-17 person from office.
61-18 (b) An action under this section must be filed in the
61-19 appropriate district court. (V.A.C.S. Art. 6252-2, Sec. 2.)
61-20 CHAPTER 554. PROTECTION FOR REPORTING VIOLATIONS OF LAW
61-21 Sec. 554.001. DEFINITIONS
61-22 Sec. 554.002. RETALIATION PROHIBITED FOR REPORTING VIOLATION
61-23 OF LAW
61-24 Sec. 554.003. RELIEF AVAILABLE TO PUBLIC EMPLOYEE
61-25 Sec. 554.004. BURDEN OF PROOF; PRESUMPTION
61-26 Sec. 554.005. LIMITATION PERIOD
61-27 Sec. 554.006. EXHAUSTION OF GRIEVANCE OR APPEAL PROCEDURES
62-1 Sec. 554.007. WHERE SUIT BROUGHT
62-2 Sec. 554.008. CIVIL PENALTY
62-3 Sec. 554.009. NOTICE TO EMPLOYEES
62-4 CHAPTER 554. PROTECTION FOR REPORTING VIOLATIONS OF LAW
62-5 Sec. 554.001. DEFINITIONS. In this chapter:
62-6 (1) "Law" means:
62-7 (A) a state or federal statute;
62-8 (B) an ordinance of a local governmental body;
62-9 or
62-10 (C) a rule adopted under a statute or ordinance.
62-11 (2) "Local government" means:
62-12 (A) a county;
62-13 (B) a municipality;
62-14 (C) a public school district; or
62-15 (D) a special-purpose district or authority.
62-16 (3) "Public employee" means a person other than an
62-17 independent contractor who, for compensation, performs services for
62-18 a state or local governmental body under a written or oral
62-19 contract.
62-20 (4) "State agency" means:
62-21 (A) a board, commission, department, office, or
62-22 other agency in the executive branch of state government, created
62-23 under the constitution or a statute of the state, including an
62-24 institution of higher education, as defined by Section 61.003,
62-25 Education Code;
62-26 (B) the legislature or a legislative agency; or
62-27 (C) the Texas Supreme Court, the Texas Court of
63-1 Criminal Appeals, a court of appeals, a state judicial agency, or
63-2 the State Bar of Texas. (V.A.C.S. Art. 6252-16a, Sec. 1.)
63-3 Sec. 554.002. RETALIATION PROHIBITED FOR REPORTING VIOLATION
63-4 OF LAW. A state agency or local government may not suspend or
63-5 terminate the employment of or discriminate against a public
63-6 employee who in good faith reports a violation of law to an
63-7 appropriate law enforcement authority. (V.A.C.S. Art. 6252-16a,
63-8 Sec. 2.)
63-9 Sec. 554.003. RELIEF AVAILABLE TO PUBLIC EMPLOYEE. (a) A
63-10 public employee whose employment is suspended or terminated or who
63-11 is discriminated against in violation of Section 554.002 is
63-12 entitled to sue for:
63-13 (1) injunctive relief;
63-14 (2) actual damages;
63-15 (3) exemplary damages;
63-16 (4) court costs; and
63-17 (5) reasonable attorney's fees.
63-18 (b) In addition to relief under Subsection (a), a public
63-19 employee whose employment is suspended or terminated in violation
63-20 of this chapter is entitled to:
63-21 (1) reinstatement to the employee's former position;
63-22 (2) compensation for wages lost during the period of
63-23 suspension or termination; and
63-24 (3) reinstatement of fringe benefits and seniority
63-25 rights lost because of the suspension or termination. (V.A.C.S.
63-26 Art. 6252-16a, Secs. 3(a) (part), 4.)
63-27 Sec. 554.004. BURDEN OF PROOF; PRESUMPTION. A public
64-1 employee who sues under this chapter has the burden of proof,
64-2 except that if the suspension or termination of a public employee
64-3 occurs not later than the 90th day after the date on which the
64-4 employee reports a violation of law, the suspension or termination
64-5 is presumed, subject to rebuttal, to be because the employee made
64-6 the report. (V.A.C.S. Art. 6252-16a, Sec. 3(b).)
64-7 Sec. 554.005. LIMITATION PERIOD. Except as provided by
64-8 Section 554.006, a public employee who seeks relief under this
64-9 chapter must sue not later than the 90th day after the date on
64-10 which the alleged violation of this chapter:
64-11 (1) occurred; or
64-12 (2) was discovered by the employee through reasonable
64-13 diligence. (V.A.C.S. Art. 6252-16a, Sec. 3(a) (part).)
64-14 Sec. 554.006. EXHAUSTION OF GRIEVANCE OR APPEAL PROCEDURES.
64-15 (a) An employee of a local government must exhaust that
64-16 government's grievance or appeal procedures relating to suspension
64-17 or termination of employment or unlawful discrimination before
64-18 suing under this chapter.
64-19 (b) The employee must invoke the grievance or appeal
64-20 procedures not later than the 90th day after the date on which the
64-21 alleged violation of this chapter:
64-22 (1) occurred; or
64-23 (2) was discovered by the employee through reasonable
64-24 diligence.
64-25 (c) Time used by the employee in exhausting the grievance or
64-26 appeal procedures is excluded from the period established by
64-27 Section 554.005.
65-1 (d) This section does not apply if a final decision is not
65-2 rendered before the 31st day after the date on which the employee
65-3 initiated the grievance or appeal. (V.A.C.S. Art. 6252-16a, Secs.
65-4 3(d), (e).)
65-5 Sec. 554.007. WHERE SUIT BROUGHT. A public employee may sue
65-6 under this chapter in a district court of the county in which the
65-7 employee resides or in a district court of Travis County.
65-8 (V.A.C.S. Art. 6252-16a, Sec. 3(c).)
65-9 Sec. 554.008. CIVIL PENALTY. (a) A supervisor who suspends
65-10 or terminates the employment of a public employee in violation of
65-11 this chapter is liable for a civil penalty not to exceed $1,000.
65-12 (b) The attorney general or appropriate prosecuting attorney
65-13 may sue to collect a civil penalty under this section.
65-14 (c) A civil penalty collected under this section shall be
65-15 deposited in the state treasury. (V.A.C.S. Art. 6252-16a, Sec. 5.)
65-16 Sec. 554.009. NOTICE TO EMPLOYEES. (a) A state agency or
65-17 local government shall inform its employees of their rights under
65-18 this chapter by posting a sign in a prominent location in the
65-19 workplace.
65-20 (b) The attorney general shall prescribe the design and
65-21 content of the sign required by this section. (V.A.C.S.
65-22 Art. 6252-16a, Sec. 6.)
65-23 CHAPTER 555. STATE AGENCY RECORDS RELATING TO LICENSE HOLDERS
65-24 SUBCHAPTER A. GENERAL PROVISIONS
65-25 Sec. 555.001. DEFINITIONS
65-26 Sec. 555.002. RULES
65-27 Sec. 555.003. EXCEPTION
66-1 (Sections 555.004-555.020 reserved for expansion)
66-2 SUBCHAPTER B. PROCEDURES RELATING TO LICENSE RECORDS
66-3 Sec. 555.021. MAINTENANCE AND ACCESSIBILITY OF LICENSE
66-4 RECORDS
66-5 Sec. 555.022. REMOVAL OF RECORDS FROM FILE
66-6 Sec. 555.023. AGENCY FILE DIVERSIFICATION PERMITTED
66-7 CHAPTER 555. STATE AGENCY RECORDS RELATING TO LICENSE HOLDERS
66-8 SUBCHAPTER A. GENERAL PROVISIONS
66-9 Sec. 555.001. DEFINITIONS. In this chapter, "state agency,"
66-10 "license," and "contested case" have the meanings assigned by
66-11 Section 2001.003. (V.A.C.S. Art. 6252-17b, Sec. 1.)
66-12 Sec. 555.002. RULES. A state agency may adopt fair and
66-13 reasonable rules, minimum standards, and limitations that are
66-14 appropriate for implementing this chapter. (V.A.C.S. Art.
66-15 6252-17b, Sec. 5.)
66-16 Sec. 555.003. EXCEPTION. This chapter does not apply to
66-17 files that relate to drivers of motor vehicles and that are
66-18 maintained by the Department of Public Safety under Section 21,
66-19 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
66-20 (Article 6687b, Vernon's Texas Civil Statutes). (V.A.C.S. Art.
66-21 6252-17b, Sec. 6.)
66-22 (Sections 555.004-555.020 reserved for expansion)
66-23 SUBCHAPTER B. PROCEDURES RELATING TO LICENSE RECORDS
66-24 Sec. 555.021. MAINTENANCE AND ACCESSIBILITY OF LICENSE
66-25 RECORDS. (a) Each state agency that issues a license shall keep
66-26 in its files records relating to each license holder regulated by
66-27 the agency.
67-1 (b) The agency shall maintain the files in a manner that
67-2 permits public access to:
67-3 (1) all information in the files relating to a license
67-4 holder regulated by the agency, including information about a
67-5 contested case, unless the information is excepted by law from
67-6 public disclosure; and
67-7 (2) notice of information in the file as described by
67-8 Section 555.022. (V.A.C.S. Art. 6252-17b, Sec. 2.)
67-9 Sec. 555.022. REMOVAL OF RECORDS FROM FILE. (a) On removal
67-10 from a state agency file of information relating to the license
67-11 status of one or more license holders, the agency shall:
67-12 (1) describe the content of the removed record;
67-13 (2) indicate the reason the particular record is not
67-14 any longer part of the agency file; and
67-15 (3) state the date and time the record was removed.
67-16 (b) This section does not apply to a record that is removed
67-17 for destruction as permitted by law. (V.A.C.S. Art. 6252-17b, Sec.
67-18 3.)
67-19 Sec. 555.023. AGENCY FILE DIVERSIFICATION PERMITTED. (a) A
67-20 state agency is not required to discontinue or convert its records
67-21 management procedures or systems in existence before June 14, 1989,
67-22 to comply with this chapter. An agency may continue to use those
67-23 procedures and systems in conjunction with any changes made to
67-24 comply with this chapter.
67-25 (b) A state agency may not impede public access to records
67-26 through use of a records management procedure or system that
67-27 existed before June 14, 1989, if the public is entitled by law to
68-1 access. (V.A.C.S. Art. 6252-17b, Sec. 4.)
68-2 CHAPTER 556. POLITICAL ACTIVITIES BY STATE EMPLOYEES
68-3 Sec. 556.001. DEFINITIONS
68-4 Sec. 556.002. EXCEPTION
68-5 Sec. 556.003. STATE EMPLOYEES' RIGHTS
68-6 Sec. 556.004. PROHIBITED ACTS OF STATE EMPLOYEES
68-7 Sec. 556.005. VIOLATION
68-8 CHAPTER 556. POLITICAL ACTIVITIES BY STATE EMPLOYEES
68-9 Sec. 556.001. DEFINITIONS. In this chapter:
68-10 (1) "State agency" means:
68-11 (A) a department, commission, board, office, or
68-12 other agency in the executive branch of state government, created
68-13 under the constitution or a statute, with statewide authority;
68-14 (B) a university system or an institution of
68-15 higher education as defined by Section 61.003, Education Code; or
68-16 (C) the supreme court, the court of criminal
68-17 appeals, a court of appeals, or the Texas Judicial Council.
68-18 (2) "State employee" means an individual who is
68-19 employed by a state agency. The term does not include an elected
68-20 official or an individual appointed to office by the governor
68-21 subject to approval by the senate. (V.A.C.S. Art. 6252-9f, Sec.
68-22 1.)
68-23 Sec. 556.002. EXCEPTION. This chapter does not apply to an
68-24 individual employed by the Department of Public Safety. (V.A.C.S.
68-25 Art. 6252-9f, Sec. 5.)
68-26 Sec. 556.003. STATE EMPLOYEES' RIGHTS. A state employee has
68-27 the rights of freedom of association and political participation
69-1 guaranteed by the state and federal constitutions except as
69-2 provided by Section 556.004. (V.A.C.S. Art. 6252-9f, Sec. 2.)
69-3 Sec. 556.004. PROHIBITED ACTS OF STATE EMPLOYEES. (a) A
69-4 state employee may not:
69-5 (1) use official authority or influence, or permit the
69-6 use of a program administered by the state, to interfere with or
69-7 affect the result of an election or nomination of a candidate or to
69-8 achieve any other political purpose; or
69-9 (2) coerce, attempt to coerce, command, restrict,
69-10 attempt to restrict, or prevent the payment, loan, or contribution
69-11 of any thing of value to a person or political organization for a
69-12 political purpose.
69-13 (b) For purposes of this section, a state employee does not
69-14 interfere with or affect the results of an election or nomination
69-15 if the employee's conduct is permitted by a law relating to the
69-16 individual's office or employment and is not otherwise unlawful.
69-17 (V.A.C.S. Art. 6252-9f, Sec. 3.)
69-18 Sec. 556.005. VIOLATION. A state employee who violates
69-19 Section 556.004 is subject to immediate termination of employment.
69-20 (V.A.C.S. Art. 6252-9f, Sec. 4.)
69-21 CHAPTER 557. SEDITION, SABOTAGE, AND COMMUNISM
69-22 SUBCHAPTER A. SEDITION
69-23 Sec. 557.001. SEDITION
69-24 Sec. 557.002. DISQUALIFICATION
69-25 Sec. 557.003. SEDITIOUS ORGANIZATIONS
69-26 Sec. 557.004. ENFORCEMENT
69-27 Sec. 557.005. JUDICIAL POWERS IN LABOR DISPUTES
70-1 (Sections 557.006-557.010 reserved for expansion)
70-2 SUBCHAPTER B. SABOTAGE
70-3 Sec. 557.011. SABOTAGE
70-4 Sec. 557.012. CAPITAL SABOTAGE
70-5 Sec. 557.013. ENFORCEMENT
70-6 (Sections 557.014-557.020 reserved for expansion)
70-7 SUBCHAPTER C. COMMUNISM
70-8 Sec. 557.021. DEFINITIONS
70-9 Sec. 557.022. RESTRICTIONS
70-10 Sec. 557.023. ENFORCEMENT
70-11 CHAPTER 557. SEDITION, SABOTAGE, AND COMMUNISM
70-12 SUBCHAPTER A. SEDITION
70-13 Sec. 557.001. SEDITION. (a) A person commits an offense if
70-14 the person knowingly:
70-15 (1) commits, attempts to commit, or conspires with one
70-16 or more persons to commit an act intended to overthrow, destroy, or
70-17 alter the constitutional form of government of this state or of any
70-18 political subdivision of this state by force or violence;
70-19 (2) under circumstances that constitute a clear and
70-20 present danger to the security of this state or a political
70-21 subdivision of this state, advocates, advises, or teaches or
70-22 conspires with one or more persons to advocate, advise, or teach a
70-23 person to commit or attempt to commit an act described in
70-24 Subdivision (1); or
70-25 (3) participates, with knowledge of the nature of the
70-26 organization, in the management of an organization that engages in
70-27 or attempts to engage in an act intended to overthrow, destroy, or
71-1 alter the constitutional form of government of this state or of any
71-2 political subdivision of this state by force or violence.
71-3 (b) An offense under this section is a felony punishable by:
71-4 (1) a fine not to exceed $20,000;
71-5 (2) confinement in the institutional division of the
71-6 Texas Department of Criminal Justice for a term of not less than
71-7 one year or more than 20 years; or
71-8 (3) both fine and imprisonment.
71-9 (c) A person convicted of an offense under this section may
71-10 not receive probation under Article 42.12, Code of Criminal
71-11 Procedure. (V.A.C.S. Art. 6889-3A, Secs. 5 (part), 6 (part).)
71-12 Sec. 557.002. DISQUALIFICATION. A person who is finally
71-13 convicted of an offense under Section 557.001 may not hold office
71-14 or a position of profit, trust, or employment with the state or any
71-15 political subdivision of the state. (V.A.C.S. Art. 6889-3A, Sec.
71-16 7.)
71-17 Sec. 557.003. SEDITIOUS ORGANIZATIONS. (a) An
71-18 organization, either incorporated or unincorporated, may not engage
71-19 in or have as a purpose activities intended to overthrow, destroy,
71-20 or alter the constitutional form of government of this state or a
71-21 political subdivision of this state by force or violence.
71-22 (b) An organization that violates Subsection (a):
71-23 (1) may not lawfully exist, function, or operate in
71-24 this state; and
71-25 (2) is not entitled to the rights, privileges, and
71-26 immunities granted to organizations under the law of this state.
71-27 (c) A district attorney, criminal district attorney, or
72-1 county attorney may bring an action against an organization in a
72-2 court of competent jurisdiction. If the court finds that the
72-3 organization has violated Subsection (a), the court shall order:
72-4 (1) the organization dissolved;
72-5 (2) if the organization is incorporated in the state
72-6 or has a permit to do business in the state, the organization's
72-7 charter or permit revoked;
72-8 (3) all funds, records, and property of the
72-9 organization forfeited to the state; and
72-10 (4) all books, records, and files of the organization
72-11 turned over to the attorney general.
72-12 (d) It is prima facie evidence that an organization engages
72-13 in or has as a purpose engaging in activities intended to
72-14 overthrow, destroy, or alter the constitutional form of the
72-15 government of this state or a political subdivision of this state
72-16 by force or violence if it is shown that the organization has a
72-17 parent or superior organization that engages in or has as a purpose
72-18 engaging in activities intended to overthrow, destroy, or alter the
72-19 constitutional form of the government of this state or a political
72-20 subdivision of this state by force or violence. (V.A.C.S.
72-21 Art. 6889-3A, Secs. 2, 4.)
72-22 Sec. 557.004. ENFORCEMENT. (a) A district court may, on
72-23 application by a district attorney, criminal district attorney, or
72-24 county attorney, order injunctive or other equitable relief
72-25 appropriate to enforce this subchapter.
72-26 (b) The procedure for relief sought under Subsection (a) of
72-27 this section is the same as that for other similar relief in the
73-1 district court except that the proceeding may not be instituted
73-2 unless the director of the Department of Public Safety of the State
73-3 of Texas or the director's assistant in charge is notified by
73-4 telephone, telegraph, or in person that injunctive or other
73-5 equitable relief will be sought.
73-6 (c) An affidavit that states that the notice described in
73-7 Subsection (b) was given and that accompanies the application for
73-8 relief is sufficient to permit filing of the application.
73-9 (d) Injunctive or other equitable relief sought to enforce
73-10 this subchapter may not be granted in a labor dispute.
73-11 (e) The internal security section of the Department of
73-12 Public Safety of the State of Texas shall assist in the enforcement
73-13 of this subchapter. (V.A.C.S. Art. 6889-3A, Secs. 8 (part), 9a
73-14 (part).)
73-15 Sec. 557.005. JUDICIAL POWERS IN LABOR DISPUTES. This
73-16 subchapter does not affect the powers of the courts of this state
73-17 or of the United States under the law of this state in a labor
73-18 dispute. (V.A.C.S. Art. 6889-3A, Sec. 8 (part).)
73-19 (Sections 557.006-557.010 reserved for expansion)
73-20 SUBCHAPTER B. SABOTAGE
73-21 Sec. 557.011. SABOTAGE. (a) A person commits an offense if
73-22 the person, with the intent to injure the United States, this
73-23 state, or any facility or property used for national defense
73-24 sabotages or attempts to sabotage any property or facility used or
73-25 to be used for national defense.
73-26 (b) An offense under this section is a felony punishable by
73-27 confinement in the institutional division of the Texas Department
74-1 of Criminal Justice for a term of not less than 2 years or more
74-2 than 20 years.
74-3 (c) If conduct constituting an offense under this section
74-4 also constitutes an offense under another provision of law, the
74-5 actor may be prosecuted under both sections.
74-6 (d) In this section, "sabotage" means to wilfully and
74-7 maliciously damage or destroy property. (V.A.C.S. Art. 6889-3,
74-8 Sec. 5 (part).)
74-9 Sec. 557.012. CAPITAL SABOTAGE. (a) A person commits an
74-10 offense if the person commits an offense under Section 557.011(a)
74-11 and the sabotage or attempted sabotage causes the death of an
74-12 individual.
74-13 (b) An offense under this section is punishable by:
74-14 (1) death; or
74-15 (2) confinement in the institutional division of the
74-16 Texas Department of Criminal Justice for:
74-17 (A) life; or
74-18 (B) a term of not less than two years.
74-19 (c) If conduct constituting an offense under this section
74-20 also constitutes an offense under other law, the actor may be
74-21 prosecuted under both sections. (V.A.C.S. Art. 6889-3, Sec. 5
74-22 (part).)
74-23 Sec. 557.013. ENFORCEMENT. The attorney general, a district
74-24 or county attorney, the department, and any law enforcement officer
74-25 of this state shall enforce this subchapter. (V.A.C.S. Art.
74-26 6889-3, Sec. 8.)
74-27 (Sections 557.014-557.020 reserved for expansion)
75-1 SUBCHAPTER C. COMMUNISM
75-2 Sec. 557.021. DEFINITIONS. In this subchapter:
75-3 (1) "Communist" means a person who commits an act
75-4 reasonably calculated to further the overthrow of the government:
75-5 (A) by force or violence; or
75-6 (B) by unlawful or unconstitutional means and
75-7 replace it with a communist government.
75-8 (2) "Department" means the Department of Public Safety
75-9 of the State of Texas.
75-10 (3) "Government" means the government of this state or
75-11 any of its political subdivisions. (V.A.C.S. Art. 6889-3, Sec. 1
75-12 (part).)
75-13 Sec. 557.022. RESTRICTIONS. (a) The name of a communist
75-14 may not be printed on the ballot for any primary or general
75-15 election in this state or a political subdivision of this state.
75-16 (b) A person may not hold a nonelected office or position
75-17 with the state or any political subdivision of the state if:
75-18 (1) any of the compensation for the office or position
75-19 comes from public funds of this state or a political subdivision of
75-20 this state; and
75-21 (2) the employer or superior of the person has
75-22 reasonable grounds to believe that the person is a communist.
75-23 (V.A.C.S. Art. 6889-3, Secs. 6, 7.)
75-24 Sec. 557.023. ENFORCEMENT. The attorney general, a district
75-25 or county attorney, the department, and any law enforcement officer
75-26 of this state shall enforce this subchapter. (V.A.C.S. Art.
75-27 6889-3, Sec. 8.)
76-1 CHAPTER 558. INTERPRETERS FOR DEAF OR HEARING IMPAIRED PERSONS
76-2 Sec. 558.001. DEFINITION
76-3 Sec. 558.002. STATE EXAMINATIONS
76-4 Sec. 558.003. PROCEEDINGS BEFORE POLITICAL SUBDIVISIONS
76-5 CHAPTER 558. INTERPRETERS FOR DEAF OR HEARING IMPAIRED PERSONS
76-6 Sec. 558.001. DEFINITION. In this chapter, "deaf or hearing
76-7 impaired" means having a hearing impairment, regardless of the
76-8 existence of a speech impairment, that inhibits:
76-9 (1) comprehension of an examination or proceeding; or
76-10 (2) communication with others. (V.A.C.S. Art.
76-11 6252-18a(b)(1).)
76-12 Sec. 558.002. STATE EXAMINATIONS. (a) A deaf or hearing
76-13 impaired person taking a state examination required for state
76-14 employment or issuance of a state license is entitled, on request,
76-15 to an interpreter.
76-16 (b) The interpreter may be paid for not more than eight
76-17 hours for interpreting in a calendar day and is entitled to $5 for
76-18 each hour of interpreting, except that the interpreter is entitled
76-19 to $15 for the first hour, in a calendar day. (V.A.C.S. Art.
76-20 6252-18.)
76-21 Sec. 558.003. PROCEEDINGS BEFORE POLITICAL SUBDIVISIONS.
76-22 (a) In a proceeding before the governing body of a political
76-23 subdivision in which the legal rights, duties, or privileges of a
76-24 party are to be determined by the governing body after an
76-25 adjudicative hearing, the governing body shall supply for a party
76-26 who is deaf or hearing impaired an interpreter who has
76-27 qualifications approved by the Texas Commission for the Deaf and
77-1 Hearing Impaired.
77-2 (b) In this section, "political subdivision" means a county,
77-3 municipality, school district, special purpose district, or other
77-4 subdivision of state government that has jurisdiction limited to a
77-5 geographic portion of the state. (V.A.C.S. Art. 6252-18a(a),
77-6 (b)(2).)
77-7 (Chapters 559-570 reserved for expansion)
77-8 SUBTITLE B. ETHICS
77-9 CHAPTER 571. TEXAS ETHICS COMMISSION
77-10 SUBCHAPTER A. GENERAL PROVISIONS
77-11 Sec. 571.001. PURPOSE
77-12 Sec. 571.002. DEFINITIONS
77-13 (Sections 571.003-571.020 reserved for expansion)
77-14 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
77-15 Sec. 571.021. TEXAS ETHICS COMMISSION
77-16 Sec. 571.022. SUNSET PROVISION
77-17 Sec. 571.023. PRESIDING OFFICER
77-18 Sec. 571.024. EXPENSES
77-19 Sec. 571.025. MEETINGS
77-20 Sec. 571.026. QUORUM; VOTE REQUIRED
77-21 Sec. 571.027. PROHIBITED PARTICIPATION
77-22 Sec. 571.028. PROHIBITED CANDIDACY
77-23 Sec. 571.029. STAFF
77-24 Sec. 571.030. STATE ETHICS FUND
77-25 Sec. 571.031. RECORDS
77-26 Sec. 571.032. MAILING OF NOTICES, DECISIONS, AND REPORTS
77-27 Sec. 571.033. DISCRIMINATION PROHIBITED
78-1 (Sections 571.034-571.060 reserved for expansion)
78-2 SUBCHAPTER C. GENERAL POWERS AND DUTIES
78-3 Sec. 571.061. LAWS ADMINISTERED AND ENFORCED BY COMMISSION
78-4 Sec. 571.062. RULES
78-5 Sec. 571.063. RULES CONCERNING GIFTS TO REGULATORY AGENCY
78-6 OFFICERS AND EMPLOYEES
78-7 Sec. 571.064. REPORTING AND REGISTRATION THRESHOLDS
78-8 Sec. 571.065. FORMS
78-9 Sec. 571.066. ELECTRONIC DATA BASE
78-10 Sec. 571.067. COMPUTER SOFTWARE
78-11 Sec. 571.068. ACCOUNT NUMBERS
78-12 Sec. 571.069. REVIEW OF STATEMENTS AND REPORTS; AUDITS
78-13 Sec. 571.070. MANUAL
78-14 Sec. 571.071. TRAINING; GUIDELINES
78-15 Sec. 571.072. PUBLIC ACCESS
78-16 Sec. 571.073. REPORT
78-17 Sec. 571.074. GIFTS AND GRANTS
78-18 Sec. 571.075. DELEGATION OF AUTHORITY
78-19 Sec. 571.076. CONTRACT FOR ADMINISTRATION
78-20 (Sections 571.077-571.090 reserved for expansion)
78-21 SUBCHAPTER D. ADVISORY OPINIONS
78-22 Sec. 571.091. OPINION TO BE GIVEN ON REQUEST
78-23 Sec. 571.092. DEADLINE FOR OPINION; EXTENSION
78-24 Sec. 571.093. PROTECTION OF IDENTITY OF REQUESTOR OR
78-25 AFFECTED PERSON
78-26 Sec. 571.094. OPINION ISSUED ON INITIATIVE OF COMMISSION
78-27 Sec. 571.095. MAINTENANCE OF OPINIONS; SUMMARY
79-1 Sec. 571.096. OPINION BY OTHER GOVERNMENTAL ENTITY
79-2 Sec. 571.097. DEFENSE FOR RELIANCE ON ADVISORY OPINION
79-3 Sec. 571.098. CONVERSION OF CONTRIBUTION TO PERSONAL USE
79-4 (Sections 571.099-571.120 reserved for expansion)
79-5 SUBCHAPTER E. COMPLAINT PROCEDURES AND HEARINGS
79-6 Sec. 571.121. GENERAL POWERS
79-7 Sec. 571.122. FILING OF COMPLAINT; CONTENTS
79-8 Sec. 571.123. PROCESSING OF COMPLAINT
79-9 Sec. 571.124. PRELIMINARY REVIEW: INITIATION
79-10 Sec. 571.125. PRELIMINARY REVIEW: PROCEDURE
79-11 Sec. 571.126. PRELIMINARY REVIEW: RESOLUTION
79-12 Sec. 571.127. INFORMAL HEARING: PROCEDURE
79-13 Sec. 571.128. INFORMAL HEARING: RESOLUTION
79-14 Sec. 571.129. FORMAL HEARING: STANDARD OF EVIDENCE
79-15 Sec. 571.130. FORMAL HEARING: SUBPOENAS AND WITNESSES
79-16 Sec. 571.131. FORMAL HEARING: PROCEDURE
79-17 Sec. 571.132. FORMAL HEARING: RESOLUTION
79-18 Sec. 571.133. APPEAL OF FINAL DECISION
79-19 Sec. 571.134. DELAY OF REFERRAL
79-20 Sec. 571.135. PUBLIC INTEREST INFORMATION;
79-21 STATUS OF COMPLAINT
79-22 Sec. 571.136. EXTENSION OF DEADLINE
79-23 Sec. 571.137. SUBPOENA
79-24 Sec. 571.138. STATUS OF COMPLAINANT
79-25 Sec. 571.139. APPLICABILITY OF OTHER ACTS
79-26 Sec. 571.140. CONFIDENTIALITY; OFFENSE
79-27 (Sections 571.141-571.170 reserved for expansion)
80-1 SUBCHAPTER F. ENFORCEMENT
80-2 Sec. 571.171. INITIATION AND REFERRAL
80-3 Sec. 571.172. ORDER
80-4 Sec. 571.173. CIVIL PENALTY FOR DELAY OR VIOLATION
80-5 Sec. 571.174. DENIAL, SUSPENSION, OR REVOCATION OF
80-6 LOBBYIST REGISTRATION
80-7 Sec. 571.175. NOTIFICATION OF REGULATORY OR
80-8 SUPERVISORY ENTITY
80-9 Sec. 571.176. CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH
80-10 COMPLAINT
80-11 Sec. 571.177. FACTORS CONSIDERED FOR ASSESSMENT OF SANCTION
80-12 SUBTITLE B. ETHICS
80-13 CHAPTER 571. TEXAS ETHICS COMMISSION
80-14 SUBCHAPTER A. GENERAL PROVISIONS
80-15 Sec. 571.001. PURPOSE. It is the policy of the legislature
80-16 to protect the constitutional privilege of free suffrage by
80-17 regulating elections and prohibiting undue influence, while also
80-18 protecting the constitutional right of the governed to apply to
80-19 their government for the redress of grievances. This chapter is
80-20 intended to achieve those purposes, and shall be construed to
80-21 achieve the following objectives:
80-22 (1) to control and reduce the cost of elections;
80-23 (2) to eliminate opportunities for undue influence
80-24 over elections and governmental actions;
80-25 (3) to disclose fully information related to
80-26 expenditures and contributions for elections and for petitioning
80-27 the government;
81-1 (4) to enhance the potential for individual
81-2 participation in electoral and governmental processes; and
81-3 (5) to ensure the public's confidence and trust in its
81-4 government. (V.A.C.S. Art. 6252-9d.1, Sec. 1.01.)
81-5 Sec. 571.002. DEFINITIONS. In this chapter:
81-6 (1) "Commission" means the Texas Ethics Commission.
81-7 (2) "Complainant" means an individual who files a
81-8 sworn complaint with the commission.
81-9 (3) "Political party" includes only a political party
81-10 required to hold a primary election under Section 172.001, Election
81-11 Code.
81-12 (4) "Respondent" means a person who is alleged to have
81-13 committed a violation of a rule adopted by or a law administered
81-14 and enforced by the commission. (V.A.C.S. Art. 6252-9d.1, Sec.
81-15 1.02.)
81-16 (Sections 571.003-571.020 reserved for expansion)
81-17 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
81-18 Sec. 571.021. TEXAS ETHICS COMMISSION. This chapter applies
81-19 to the Texas Ethics Commission created under Article III, Section
81-20 24a, of the Texas Constitution. (New.)
81-21 Sec. 571.022. SUNSET PROVISION. The commission is subject
81-22 to review under Chapter 325 (Texas Sunset Act), but is not
81-23 abolished under that chapter. The commission shall be reviewed
81-24 during the periods in which state agencies abolished in 2001 and
81-25 every 12th year after 2001 are reviewed. (V.A.C.S. Art. 6252-9d.1,
81-26 Sec. 1.36(d).)
81-27 Sec. 571.023. PRESIDING OFFICER. The members of the
82-1 commission shall elect annually the presiding officer of the
82-2 commission. (V.A.C.S. Art. 6252-9d.1, Sec. 1.07(a).)
82-3 Sec. 571.024. EXPENSES. A member of the commission is
82-4 entitled to travel expenses incurred in performing official duties
82-5 and to a per diem equal to the maximum amount allowed on January 1
82-6 of that year for federal employees per diem for federal income tax
82-7 purposes, subject to the same limitations for members of state
82-8 boards and commissions in the General Appropriations Act.
82-9 (V.A.C.S. Art. 6252-9d.1, Sec. 1.08.)
82-10 Sec. 571.025. MEETINGS. The commission shall meet at least
82-11 once each calendar quarter and at other times at the call of the
82-12 presiding officer. (V.A.C.S. Art. 6252-9d.1, Sec. 1.07(b).)
82-13 Sec. 571.026. QUORUM; VOTE REQUIRED. (a) A majority of the
82-14 membership of the commission constitutes a quorum.
82-15 (b) A vacancy on the commission may not be considered in
82-16 determining the membership of the commission for the purpose of a
82-17 quorum.
82-18 (c) Except as otherwise provided by this chapter, an action
82-19 or recommendation of the commission requiring a vote of the
82-20 commission is not valid unless:
82-21 (1) the vote is taken at a meeting of the commission
82-22 with a quorum present; and
82-23 (2) the action or recommendation receives an
82-24 affirmative vote of a majority of the membership of the commission.
82-25 (V.A.C.S. Art. 6252-9d.1, Sec. 1.06.)
82-26 Sec. 571.027. PROHIBITED PARTICIPATION. (a) A member of
82-27 the commission may not participate in a commission proceeding
83-1 relating to any of the following actions if the member is the
83-2 subject of the action:
83-3 (1) a formal investigation by the commission;
83-4 (2) a sworn complaint filed with the commission; or
83-5 (3) a motion by an affirmative record vote of at least
83-6 six members of the commission.
83-7 (b) A member of the commission may not participate in or
83-8 vote on any matter before the commission if the matter concerns the
83-9 member directly or an individual related to the member within the
83-10 second degree by affinity or consanguinity. (V.A.C.S. Art.
83-11 6252-9d.1, Sec. 1.31.)
83-12 Sec. 571.028. PROHIBITED CANDIDACY. A member of the
83-13 commission may not be a candidate for an elective public office for
83-14 12 months after the date on which the member ends service on the
83-15 commission. (V.A.C.S. Art. 6252-9d.1, Sec. 1.32.)
83-16 Sec. 571.029. STAFF. (a) The commission may employ staff,
83-17 including an executive director and a general counsel, necessary to
83-18 administer the commission's functions.
83-19 (b) The commission may not employ a person, and an employee
83-20 of the commission may not continue in employment with the
83-21 commission, if the person at the time of employment or while
83-22 employed by the commission is:
83-23 (1) an officer of a political party, a political
83-24 subdivision, or a political committee;
83-25 (2) a person required to be registered under Chapter
83-26 305;
83-27 (3) a candidate or campaign treasurer subject to Title
84-1 15, Election Code; or
84-2 (4) a member of the legislature. (V.A.C.S. Art.
84-3 6252-9d.1, Sec. 1.10.)
84-4 Sec. 571.030. STATE ETHICS FUND. (a) The state ethics
84-5 fund, in the state treasury, consists of that part of the unclaimed
84-6 money fund as provided by Section 74.602, Property Code, and fees
84-7 collected under Section 305.005.
84-8 (b) Money in the fund may be appropriated only to the
84-9 commission to administer and enforce:
84-10 (1) this chapter;
84-11 (2) Chapters 302, 305, and 572; and
84-12 (3) Title 15, Election Code.
84-13 (c) At the request of the commission, the state treasurer
84-14 shall transfer funds to the commission under Section 74.602(b)(2),
84-15 Property Code. (V.A.C.S. Art. 6252-9d.1, Sec. 1.35.)
84-16 Sec. 571.031. RECORDS. Except as provided by Sections
84-17 571.139(a) and 571.140, Chapter 552 applies to all records of the
84-18 commission. (V.A.C.S. Art. 6252-9d.1, Sec. 1.36(c).)
84-19 Sec. 571.032. MAILING OF NOTICES, DECISIONS, AND REPORTS.
84-20 Each written notice, decision, and report required to be sent under
84-21 this chapter shall be sent by registered or certified mail,
84-22 restricted delivery, return receipt requested. (V.A.C.S. Art.
84-23 6252-9d.1, Sec. 1.25(a).)
84-24 Sec. 571.033. DISCRIMINATION PROHIBITED. This chapter may
84-25 not be applied to discriminate on the basis of race, sex, national
84-26 origin, or religion. (V.A.C.S. Art. 6252-9d.1, Sec. 1.33.)
84-27 (Sections 571.034-571.060 reserved for expansion)
85-1 SUBCHAPTER C. GENERAL POWERS AND DUTIES
85-2 Sec. 571.061. LAWS ADMINISTERED AND ENFORCED BY COMMISSION.
85-3 (a) The commission shall administer and enforce:
85-4 (1) Chapters 302, 305, and 572; and
85-5 (2) Title 15, Election Code.
85-6 (b) The commission shall perform any other powers or duties
85-7 given to the commission under a law listed in Subsection (a).
85-8 (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(a)(1).)
85-9 Sec. 571.062. RULES. (a) The commission, on the
85-10 affirmative vote of at least six members of the commission, may
85-11 adopt rules to administer this chapter or any other law
85-12 administered and enforced by the commission.
85-13 (b) Chapter 2001, relating to rules and rulemaking, applies
85-14 to the commission to the extent consistent with this chapter.
85-15 (V.A.C.S. Art. 6252-9d.1, Secs. 1.11(b)(9), 1.36(a) (part).)
85-16 Sec. 571.063. RULES CONCERNING GIFTS TO REGULATORY AGENCY
85-17 OFFICERS AND EMPLOYEES. (a) The commission shall require each
85-18 regulatory agency in the executive branch to develop rules limiting
85-19 the acceptance of gifts or other benefits from persons appearing
85-20 before or regulated by the agency. The rules must be at least as
85-21 restrictive as the rules of the commission.
85-22 (b) The commission shall provide for the submission of those
85-23 rules to the commission for approval. (V.A.C.S. Art. 6252-9d.1,
85-24 Sec. 1.11(a)(7).)
85-25 Sec. 571.064. REPORTING AND REGISTRATION THRESHOLDS. (a)
85-26 If a law administered and enforced by the commission authorizes the
85-27 commission to determine dollar amounts as reporting or registration
86-1 thresholds, the commission shall set those thresholds in amounts
86-2 that are reasonable, are in the public interest, and further the
86-3 purposes of the reporting or registration law involved.
86-4 (b) If a law administered and enforced by the commission
86-5 sets dollar amounts or categories of amounts as reporting
86-6 thresholds or if the commission sets those amounts, the commission
86-7 annually shall adjust those thresholds upward to the nearest
86-8 multiple of $10 in accordance with the percentage increase for the
86-9 previous year in the Consumer Price Index for Urban Consumers,
86-10 published by the Bureau of Labor Statistics of the United States
86-11 Department of Labor. (V.A.C.S. Art. 6252-9d.1, Secs. 1.11(c),
86-12 (d).)
86-13 Sec. 571.065. FORMS. (a) The commission shall prescribe
86-14 forms for statements and reports required to be filed with the
86-15 commission.
86-16 (b) The commission shall provide for the distribution of the
86-17 forms. (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(a)(2).)
86-18 Sec. 571.066. ELECTRONIC DATA BASE. (a) The Department of
86-19 Information Resources shall study the implementation of the most
86-20 appropriate electronic data base to enhance the commission's
86-21 abilities to administer this chapter.
86-22 (b) The commission shall:
86-23 (1) establish an electronic data base composed of
86-24 statements and reports filed with the commission;
86-25 (2) provide the public with access to that data;
86-26 (3) establish a system to provide access by electronic
86-27 data transmittal processes to that data;
87-1 (4) set and charge a fee for electronic access to the
87-2 data base in an amount reasonable and necessary to cover the costs
87-3 of access; and
87-4 (5) ensure that entries entered on multiple reports
87-5 may be electronically cross-referenced in the data base. (V.A.C.S.
87-6 Art. 6252-9d.1, Sec. 1.12.)
87-7 Sec. 571.067. COMPUTER SOFTWARE. The commission may develop
87-8 computer software to facilitate the discharge of its statutory
87-9 duties. (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(b)(6).)
87-10 Sec. 571.068. ACCOUNT NUMBERS. The commission shall assign
87-11 an account number to each person required to file a statement or
87-12 report with the commission under a law administered and enforced by
87-13 the commission. (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(a)(8).)
87-14 Sec. 571.069. REVIEW OF STATEMENTS AND REPORTS; AUDITS. (a)
87-15 The commission may review for facial compliance a statement or
87-16 report filed with the commission and may review any available
87-17 documents. The commission may return for resubmission with
87-18 corrections or additional documentation a statement or report that
87-19 does not, in the opinion of the commission, comply with the law
87-20 requiring the statement or report.
87-21 (b) The commission may by an affirmative record vote of at
87-22 least six commission members perform a complete audit only at an
87-23 informal or formal hearing.
87-24 (c) Any audited statement, report, document, or other
87-25 material is confidential and may not be disclosed unless the
87-26 statement, report, document, or other material:
87-27 (1) was previously public information; or
88-1 (2) is entered into the record of a formal hearing or
88-2 a judicial proceeding.
88-3 (d) The party who is the subject of the audit may waive
88-4 confidentiality by sending written notice to the commission.
88-5 (e) The commission may not audit a statement or report filed
88-6 before January 1, 1992, under a law administered and enforced
88-7 before that date by the secretary of state. (V.A.C.S. Art.
88-8 6252-9d.1, Sec. 1.13.)
88-9 Sec. 571.070. MANUAL. The commission shall adopt by rule
88-10 and publish a manual that establishes uniform methods of accounting
88-11 and reporting for use by persons required to file statements and
88-12 reports with the commission and that includes a digest of each
88-13 advisory opinion issued by the commission under Subchapter D.
88-14 (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(a)(3).)
88-15 Sec. 571.071. TRAINING; GUIDELINES. (a) The commission
88-16 shall:
88-17 (1) provide training by January of each odd-numbered
88-18 year for members and members-elect of the legislature concerning
88-19 compliance with the laws administered and enforced by the
88-20 commission; and
88-21 (2) provide, in cooperation with state agencies, a
88-22 program of ethics training for state employees.
88-23 (b) The commission may disseminate, through pamphlets and
88-24 seminars, explanations and compliance guidelines concerning any law
88-25 administered and enforced by the commission. (V.A.C.S. Art.
88-26 6252-9d.1, Secs. 1.11(a)(5), (6); (b)(5).)
88-27 Sec. 571.072. PUBLIC ACCESS. (a) The commission shall
89-1 develop and implement policies that provide the public with a
89-2 reasonable opportunity to appear before the commission and to speak
89-3 on issues under the general jurisdiction of the commission.
89-4 (b) The commission shall prepare and maintain a written plan
89-5 that describes how a person who does not speak English or who has a
89-6 physical, mental, or developmental disability may be provided
89-7 reasonable access to commission proceedings. (V.A.C.S. Art.
89-8 6252-9d.1, Sec. 1.34.)
89-9 Sec. 571.073. REPORT. On or before December 31 of each
89-10 even-numbered year, the commission shall report to the governor and
89-11 legislature. The report must include each advisory opinion issued
89-12 by the commission under Subchapter D in the preceding two years and
89-13 recommendations for any necessary statutory changes. (V.A.C.S.
89-14 Art. 6252-9d.1, Sec. 1.11(a)(4).)
89-15 Sec. 571.074. GIFTS AND GRANTS. The commission may accept
89-16 gifts and grants for the administration of its duties. (V.A.C.S.
89-17 Art. 6252-9d.1, Sec. 1.11(b)(8).)
89-18 Sec. 571.075. DELEGATION OF AUTHORITY. The commission by
89-19 rule may delegate a power conferred on it by this chapter or
89-20 another law administered by the commission, except:
89-21 (1) any power requiring a vote of the commission;
89-22 (2) rulemaking authority; or
89-23 (3) authority to issue an advisory opinion under
89-24 Subchapter D. (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(e).)
89-25 Sec. 571.076. CONTRACT FOR ADMINISTRATION. The commission
89-26 may contract with persons to administer and carry out this chapter
89-27 and rules, standards, and orders adopted under this chapter,
90-1 excluding any enforcement authority. (V.A.C.S. Art. 6252-9d.1,
90-2 Sec. 1.11(b)(7).)
90-3 (Sections 571.077-571.090 reserved for expansion)
90-4 SUBCHAPTER D. ADVISORY OPINIONS
90-5 Sec. 571.091. OPINION TO BE GIVEN ON REQUEST. (a) The
90-6 commission shall prepare a written opinion answering the request of
90-7 a person subject to any of the following laws for an opinion about
90-8 the application of any of these laws to the person in regard to a
90-9 specified existing or hypothetical factual situation:
90-10 (1) Chapter 302;
90-11 (2) Chapter 305;
90-12 (3) Chapter 572;
90-13 (4) Title 15, Election Code;
90-14 (5) Chapter 36, Penal Code; or
90-15 (6) Chapter 39, Penal Code.
90-16 (b) An opinion request under Subsection (a) must be in
90-17 writing to the commission. (V.A.C.S. Art. 6252-9d.1, Sec.
90-18 1.29(a).)
90-19 Sec. 571.092. DEADLINE FOR OPINION; EXTENSION. (a) The
90-20 commission shall issue the advisory opinion not later than the 60th
90-21 day after the date the commission receives the request.
90-22 (b) The commission by vote may extend the time available to
90-23 issue an opinion by 30 days. The commission may not grant more
90-24 than two extensions. (V.A.C.S. Art. 6252-9d.1, Sec. 1.29(b).)
90-25 Sec. 571.093. PROTECTION OF IDENTITY OF REQUESTOR OR
90-26 AFFECTED PERSON. (a) The commission shall maintain the
90-27 confidentiality of the name of the person requesting an advisory
91-1 opinion and shall issue opinions in a form necessary to maintain
91-2 that confidentiality.
91-3 (b) The commission may not issue an opinion that includes
91-4 the name of any person who may be affected by the opinion.
91-5 (c) Subsections (a) and (b) do not apply to a person who
91-6 requests an opinion and files written notice with the commission
91-7 waiving the confidentiality of the person's identity. (V.A.C.S.
91-8 Art. 6252-9d.1, Secs. 1.29(c), (d) (part).)
91-9 Sec. 571.094. OPINION ISSUED ON INITIATIVE OF COMMISSION.
91-10 On its own initiative, the commission may issue a written advisory
91-11 opinion about the application of a law listed in Section 571.091 if
91-12 a majority of the commission determines that an opinion would be in
91-13 the public interest or in the interest of any person under the
91-14 jurisdiction of the commission. (V.A.C.S. Art. 6252-9d.1, Sec.
91-15 1.29(d) (part).)
91-16 Sec. 571.095. MAINTENANCE OF OPINIONS; SUMMARY. The
91-17 commission shall number and categorize each advisory opinion issued
91-18 and annually shall compile a summary of its opinions in a single
91-19 reference document. (V.A.C.S. Art. 6252-9d.1, Sec. 1.29(e).)
91-20 Sec. 571.096. OPINION BY OTHER GOVERNMENTAL ENTITY. (a)
91-21 The authority of the commission to issue an advisory opinion does
91-22 not affect the authority of the attorney general to issue an
91-23 opinion as authorized by law.
91-24 (b) In issuing an opinion under this subchapter, the
91-25 commission shall consider the opinions issued by the State Ethics
91-26 Advisory Commission and the secretary of state that are not
91-27 overruled by statute or rule of the commission.
92-1 (c) The commission shall rely on opinions issued by the
92-2 attorney general and the courts of this state. (V.A.C.S. Art.
92-3 6252-9d.1, Secs. 1.29(f), (g).)
92-4 Sec. 571.097. DEFENSE FOR RELIANCE ON ADVISORY OPINION. It
92-5 is a defense to prosecution or to imposition of a civil penalty
92-6 that the person reasonably relied on a written advisory opinion of
92-7 the commission relating to the provision of the law the person is
92-8 alleged to have violated or relating to a fact situation that is
92-9 substantially similar to the fact situation in which the person is
92-10 involved. (V.A.C.S. Art. 6252-9d.1, Sec. 1.30(a).)
92-11 Sec. 571.098. CONVERSION OF CONTRIBUTION TO PERSONAL USE. A
92-12 person involved in a transaction or activity that the commission
92-13 concludes in an advisory opinion to be a conversion of a
92-14 contribution to personal use in violation of Section 253.035,
92-15 Election Code, is not civilly liable to the state if:
92-16 (1) before receiving the opinion, the person
92-17 reasonably believed the transaction or activity did not constitute
92-18 a conversion, taking into account prior opinions and rules of the
92-19 commission; and
92-20 (2) on or before the 30th day after the date the
92-21 opinion is published, the person:
92-22 (A) returns to the political fund from which it
92-23 was removed an amount equal to the amount converted; and
92-24 (B) notifies the commission by certified mail
92-25 that the person has returned the converted contribution as required
92-26 by this section. (V.A.C.S. Art. 6252-9d.1, Sec. 1.30(b).)
92-27 (Sections 571.099-571.120 reserved for expansion)
93-1 SUBCHAPTER E. COMPLAINT PROCEDURES AND HEARINGS
93-2 Sec. 571.121. GENERAL POWERS. (a) The commission may:
93-3 (1) hold hearings, on its own motion adopted by an
93-4 affirmative record vote of at least six commission members or on a
93-5 sworn complaint, and render decisions on complaints or reports of
93-6 violations as provided by this chapter; and
93-7 (2) agree to the settlement of issues.
93-8 (b) The commission may not consider a complaint or vote to
93-9 investigate a matter outside the commission's jurisdiction.
93-10 (V.A.C.S. Art. 6252-9d.1, Secs. 1.11(b)(2), (3); (f).)
93-11 Sec. 571.122. FILING OF COMPLAINT; CONTENTS. (a) An
93-12 individual may file with the commission a sworn complaint, on a
93-13 form prescribed by the commission, alleging that a person subject
93-14 to a law administered and enforced by the commission has violated a
93-15 rule adopted by or a law administered and enforced by the
93-16 commission.
93-17 (b) A complaint filed under this section must be in writing
93-18 and under oath and must set forth in simple, concise, and direct
93-19 statements:
93-20 (1) the name of the complainant;
93-21 (2) the street or mailing address of the complainant;
93-22 (3) the name of each respondent;
93-23 (4) the position or title of each respondent;
93-24 (5) the nature of the alleged violation, including if
93-25 possible the specific rule or provision of law alleged to have been
93-26 violated;
93-27 (6) a statement of the facts constituting the alleged
94-1 violation and the dates on which or period of time in which the
94-2 alleged violation occurred; and
94-3 (7) all documents or other material available to the
94-4 complainant that are relevant to the allegation, a list of all
94-5 documents or other material within the knowledge of the complainant
94-6 and available to the complainant that are relevant to the
94-7 allegation but that are not in the possession of the complainant,
94-8 including the location of the documents, if known, and a list of
94-9 all documents or other material within the knowledge of the
94-10 complainant that are unavailable to the complainant and that are
94-11 relevant to the complaint, including the location of the documents,
94-12 if known.
94-13 (c) The complaint must be accompanied by an affidavit
94-14 stating that the information contained in the complaint is either
94-15 correct or that the complainant has good reason to believe and does
94-16 believe that the violation occurred. If the complaint is based on
94-17 information and belief, the complaint shall state the source and
94-18 basis of the information and belief. The complainant may swear to
94-19 the facts by oath before a notary public or other authorized
94-20 official.
94-21 (d) The complaint must state on its face an allegation that,
94-22 if true, constitutes a violation of a rule adopted by or a law
94-23 administered and enforced by the commission. (V.A.C.S. Art.
94-24 6252-9d.1, Sec. 1.15.)
94-25 Sec. 571.123. PROCESSING OF COMPLAINT. (a) The commission
94-26 shall determine whether a sworn complaint filed with the commission
94-27 complies with the form requirements of Section 571.122.
95-1 (b) Not later than the 14th business day after the date a
95-2 complaint is filed, the commission shall send written notice to the
95-3 complainant and the respondent. The notice must state whether the
95-4 complaint complies with the form requirements of Section 571.122.
95-5 (c) If the commission determines that the complaint does not
95-6 comply with the form requirements, the commission shall send the
95-7 complaint to the complainant with the written notice, a statement
95-8 explaining how the complaint fails to comply, and a copy of the
95-9 rules for filing sworn complaints. The complainant may resubmit
95-10 the complaint not later than the 21st day after the date the notice
95-11 under Subsection (b) is mailed. If the commission determines that
95-12 the complaint is not resubmitted within the 21-day period, the
95-13 commission shall:
95-14 (1) dismiss the complaint; and
95-15 (2) not later than the fifth business day after the
95-16 date of the dismissal, send written notice to the complainant and
95-17 the respondent of the dismissal and the grounds for dismissal.
95-18 (d) If the commission determines that a complaint is
95-19 resubmitted under Subsection (c) within the 21-day period but is
95-20 not in proper form, the commission shall send the notice required
95-21 under Subsection (c), and the complainant may resubmit the
95-22 complaint under that subsection.
95-23 (e) If the commission determines that a complaint returned
95-24 to the complainant under Subsection (c) or (d) is resubmitted
95-25 within the 21-day period and that the complaint complies with the
95-26 form requirements, the commission shall send the written notice
95-27 under Subsection (b). (V.A.C.S. Art. 6252-9d.1, Secs. 1.16(a)-(d),
96-1 (e) (part).)
96-2 Sec. 571.124. PRELIMINARY REVIEW: INITIATION. (a) The
96-3 commission promptly shall conduct a preliminary review on receipt
96-4 of a written complaint that is in compliance with the form
96-5 requirements of Section 571.122.
96-6 (b) On a motion by an affirmative record vote of at least
96-7 six commission members, the commission, without a sworn complaint,
96-8 may initiate a preliminary review of the matter that is the subject
96-9 of the motion.
96-10 (c) The commission by record vote shall determine whether
96-11 the commission has jurisdiction over the violation of law alleged
96-12 in a sworn complaint processed under Section 571.123.
96-13 (d) Not later than the fifth business day after the date of
96-14 the commission's determination under Subsection (c), the commission
96-15 shall send written notice to the complainant and the respondent
96-16 stating whether the commission has jurisdiction over the violation
96-17 alleged in the complaint.
96-18 (e) If the commission determines that the commission has
96-19 jurisdiction, the notice must include:
96-20 (1) a copy of the complaint and the rules of procedure
96-21 of the commission;
96-22 (2) a statement of the rights of the respondent;
96-23 (3) a statement inviting the respondent to provide to
96-24 the commission any information relevant to the complaint; and
96-25 (4) the date the commission will begin a preliminary
96-26 review of the complaint.
96-27 (f) If the commission determines that the commission does
97-1 not have jurisdiction over the violation alleged in the complaint,
97-2 the commission shall:
97-3 (1) dismiss the complaint; and
97-4 (2) not later than the fifth business day after the
97-5 date of the dismissal, send to the complainant and the respondent
97-6 written notice of the dismissal and the grounds for the dismissal.
97-7 (V.A.C.S. Art. 6252-9d.1, Secs. 1.16(e) (part), 1.17(a)-(e).)
97-8 Sec. 571.125. PRELIMINARY REVIEW: PROCEDURE. (a) During a
97-9 preliminary review, the commission:
97-10 (1) may consider all submitted evidence related to the
97-11 complaint or to the subject matter of a motion under Section
97-12 571.124(b);
97-13 (2) may review any documents or material related to
97-14 the complaint or to the motion; and
97-15 (3) shall determine whether there is credible evidence
97-16 that provides cause for the commission to conclude that a violation
97-17 within the jurisdiction of the commission has occurred.
97-18 (b) During a preliminary review, the respondent may appear
97-19 before the commission with the assistance of counsel, if desired by
97-20 the respondent, and present any relevant evidence, including a
97-21 written statement. (V.A.C.S. Art. 6252-9d.1, Sec. 1.17(f).)
97-22 Sec. 571.126. PRELIMINARY REVIEW: RESOLUTION. (a) As soon
97-23 as practicable after the completion of a preliminary review, the
97-24 commission by record vote shall issue a decision stating:
97-25 (1) whether there is credible evidence for the
97-26 commission to determine that a violation within the jurisdiction of
97-27 the commission has occurred; or
98-1 (2) that there is insufficient evidence for the
98-2 commission to determine whether a violation within the jurisdiction
98-3 of the commission has occurred.
98-4 (b) If the commission determines that there is credible
98-5 evidence for the commission to determine that a violation has
98-6 occurred, the commission shall resolve and settle the complaint or
98-7 motion to the extent possible. If the commission successfully
98-8 resolves and settles the complaint or motion, not later than the
98-9 fifth business day after the date of the final resolution of the
98-10 complaint or motion, the commission shall send to the complainant,
98-11 if any, and the respondent a copy of the decision stating the
98-12 commission's determination and written notice of the resolution and
98-13 the terms of the resolution. If the commission is unsuccessful in
98-14 resolving and settling the complaint or motion, the commission in
98-15 its discretion shall:
98-16 (1) order an informal hearing to be held in accordance
98-17 with Section 571.127; and
98-18 (2) not later than the fifth business day after the
98-19 date of the decision, send to the complainant, if any, and the
98-20 respondent a copy of the decision and written notice of the date,
98-21 time, and place of the informal hearing.
98-22 (c) If the commission determines that there is credible
98-23 evidence for the commission to determine that a violation within
98-24 the jurisdiction of the commission has not occurred, the commission
98-25 shall:
98-26 (1) dismiss the complaint or motion; and
98-27 (2) not later than the fifth business day after the
99-1 date of the dismissal, send to the complainant, if any, and the
99-2 respondent a copy of the decision stating the commission's
99-3 determination and written notice of the dismissal and the grounds
99-4 for dismissal.
99-5 (d) If the commission determines that there is insufficient
99-6 credible evidence for the commission to determine that a violation
99-7 within the jurisdiction of the commission has occurred, the
99-8 commission may dismiss the complaint or motion or promptly conduct
99-9 an informal hearing under Section 571.127. Not later than the
99-10 fifth business day after the date of the commission's determination
99-11 under this subsection, the commission shall send to the
99-12 complainant, if any, and the respondent a copy of the decision
99-13 stating the commission's determination and written notice of the
99-14 grounds for the determination. (V.A.C.S. Art. 6252-9d.1, Sec.
99-15 1.18.)
99-16 Sec. 571.127. INFORMAL HEARING: PROCEDURE. (a) During an
99-17 informal hearing, the commission:
99-18 (1) may consider all evidence related to a sworn
99-19 complaint or to a motion under Section 571.124(b);
99-20 (2) may review any documents or materials related to
99-21 the sworn complaint or motion;
99-22 (3) may submit written questions and require those
99-23 questions to be answered under oath;
99-24 (4) may subpoena documents or materials related to the
99-25 sworn complaint or motion; and
99-26 (5) shall determine by credible evidence for the
99-27 commission to determine whether a violation within the jurisdiction
100-1 of the commission has occurred.
100-2 (b) During an informal hearing, the respondent may appear
100-3 before the commission with the assistance of counsel, if desired by
100-4 the respondent, and present any relevant evidence, including a
100-5 written statement. (V.A.C.S. Art. 6252-9d.1, Sec. 1.19.)
100-6 Sec. 571.128. INFORMAL HEARING: RESOLUTION. (a) As soon
100-7 as practicable after the completion of an informal hearing, the
100-8 commission by record vote shall issue a decision stating whether
100-9 there is credible evidence for the commission to determine that a
100-10 violation has occurred and whether the violation is technical or de
100-11 minimis.
100-12 (b) If the commission determines that there is credible
100-13 evidence for the commission to determine that a violation has not
100-14 occurred, the commission shall:
100-15 (1) dismiss the complaint or motion; and
100-16 (2) not later than the fifth business day after the
100-17 date of the dismissal, send to the complainant, if any, and the
100-18 respondent a copy of the decision stating the commission's
100-19 determination and written notice of the dismissal and the grounds
100-20 for dismissal.
100-21 (c) If the commission determines that there is credible
100-22 evidence for the commission to determine that a violation has
100-23 occurred, the commission shall resolve and settle the complaint or
100-24 motion to the extent possible. If the commission successfully
100-25 resolves and settles the complaint or motion, not later than the
100-26 fifth business day after the date of the final resolution of the
100-27 complaint or motion, the commission shall send to the complainant,
101-1 if any, and the respondent a copy of the decision stating the
101-2 commission's determination and written notice of the resolution and
101-3 the terms of the resolution. If the commission is unsuccessful in
101-4 resolving and settling the complaint or motion, the commission
101-5 shall:
101-6 (1) order a formal hearing to be held in accordance
101-7 with Sections 571.129-571.131; and
101-8 (2) not later than the fifth business day after the
101-9 date of the decision, send to the complainant, if any, and the
101-10 respondent a copy of the decision and written notice of the date,
101-11 time, and place of the formal hearing, a statement of the nature of
101-12 the alleged violation, and a description of the evidence of the
101-13 alleged violation.
101-14 (d) A copy of the complaint or motion, the rules of
101-15 procedure of the commission, and a statement of the rights of the
101-16 respondent shall be sent with the notice required under Subsection
101-17 (c)(2). (V.A.C.S. Art. 6252-9d.1, Sec. 1.20.)
101-18 Sec. 571.129. FORMAL HEARING: STANDARD OF EVIDENCE. During
101-19 a formal hearing, the commission shall determine by clear and
101-20 convincing evidence whether a violation within the jurisdiction of
101-21 the commission has occurred. (V.A.C.S. Art. 6252-9d.1, Sec.
101-22 1.22(a).)
101-23 Sec. 571.130. FORMAL HEARING: SUBPOENAS AND WITNESSES. (a)
101-24 A subpoena or other request to testify shall be served sufficiently
101-25 in advance of the scheduled appearance at a formal hearing to allow
101-26 a reasonable period, as determined by the commission, for the
101-27 person subpoenaed to prepare for the hearing and to employ counsel
102-1 if desired.
102-2 (b) Except as provided by Section 571.131(a)(1), the
102-3 commission may order that a person may not, except as specifically
102-4 authorized by the presiding officer, make public the name of a
102-5 witness subpoenaed by the commission before the date of that
102-6 witness's scheduled appearance.
102-7 (c) A witness may read a written statement or present a
102-8 brief oral opening statement at a formal hearing.
102-9 (d) A person whose name is mentioned or who is identified or
102-10 referred to in testimony or in statements made by a commission
102-11 member, staff member, or witness and who reasonably believes that
102-12 the statement tends to adversely affect the person's reputation
102-13 may:
102-14 (1) request to appear personally before the commission
102-15 to testify in the person's own behalf; or
102-16 (2) file a sworn statement of facts relevant to the
102-17 testimony or statement that the person believes adversely affects
102-18 the person's reputation.
102-19 (e) A witness who testifies at a formal hearing must be
102-20 sworn. (V.A.C.S. Art. 6252-9d.1, Secs. 1.22(b)-(e), (h).)
102-21 Sec. 571.131. FORMAL HEARING: PROCEDURE. (a) Not later
102-22 than the fifth business day before the date of a scheduled formal
102-23 hearing or on the granting of a motion for discovery by the
102-24 respondent, the commission shall provide to the complainant, if
102-25 any, and to the respondent:
102-26 (1) a list of proposed witnesses to be called at the
102-27 hearing;
103-1 (2) copies of all documents expected to be introduced
103-2 as exhibits at the hearing; and
103-3 (3) a brief statement as to the nature of the
103-4 testimony expected to be given by each witness to be called at the
103-5 hearing.
103-6 (b) The respondent may not be compelled to give evidence or
103-7 testimony that violates the respondent's right against
103-8 self-incrimination under the United States Constitution or the
103-9 Texas Constitution.
103-10 (c) The commission shall adopt rules governing discovery,
103-11 hearings, and related procedures consistent with this chapter and
103-12 Chapter 2001. (V.A.C.S. Art. 6252-9d.1, Secs. 1.22(f), (g), (i).)
103-13 Sec. 571.132. FORMAL HEARING: RESOLUTION. (a) Not later
103-14 than the 30th business day after the date the formal hearing is
103-15 completed, the commission by motion shall issue:
103-16 (1) a final decision stating the resolution of the
103-17 formal hearing; and
103-18 (2) a written report stating in detail the
103-19 commission's findings of fact, conclusions of law, and
103-20 recommendation of criminal referral or imposition of a civil
103-21 penalty, if any.
103-22 (b) The motion must be adopted by record vote of at least
103-23 six members if the final decision is that a violation has occurred
103-24 or by five members if the final decision is that a violation has
103-25 not occurred.
103-26 (c) Not later than the fifth business day after the date the
103-27 commission issues the final decision and written report, the
104-1 commission shall:
104-2 (1) send a copy of the decision and report to the
104-3 complainant, if any, and to the respondent; and
104-4 (2) make a copy of the decision and report available
104-5 to the public during reasonable business hours. (V.A.C.S. Art.
104-6 6252-9d.1, Sec. 1.23.)
104-7 Sec. 571.133. APPEAL OF FINAL DECISION. (a) To appeal a
104-8 final decision of the commission, a person may file a petition in a
104-9 district court in Travis County or in the county in which the
104-10 respondent resides.
104-11 (b) The petition must be filed not later than the 30th
104-12 business day after the date the person received the decision.
104-13 (c) Not later than the 30th day after the date on which the
104-14 petition is filed, the respondent may request that the appeal be
104-15 transferred to a district court in Travis County or in the county
104-16 in which the respondent resides, as appropriate. The court in
104-17 which the appeal is originally filed shall transfer the appeal to a
104-18 district court in the other county on receipt of the request.
104-19 (d) An appeal brought under this section is not limited to
104-20 questions of law, and the substantial evidence rule does not apply.
104-21 The action shall be determined by trial de novo. The reviewing
104-22 court shall try all issues of fact and law in the manner applicable
104-23 to other civil suits in this state but may not admit in evidence
104-24 the fact of prior action by the commission or the nature of that
104-25 action, except to the limited extent necessary to show compliance
104-26 with statutory provisions that vest jurisdiction in the court. A
104-27 party is entitled, on demand, to a jury determination of any issue
105-1 of fact on which a jury determination is available in other civil
105-2 suits in this state. (V.A.C.S. Art. 6252-9d.1, Sec. 1.24.)
105-3 Sec. 571.134. DELAY OF REFERRAL. If an alleged violation
105-4 involves an election in which the alleged violator is a candidate,
105-5 a candidate's campaign treasurer, or the campaign treasurer of a
105-6 political committee supporting or opposing a candidate and the
105-7 complaint is filed within 60 days before the date of the election,
105-8 the commission shall delay referral until:
105-9 (1) the day after election day;
105-10 (2) the day after runoff election day if an ensuing
105-11 runoff involving the alleged violator is held; or
105-12 (3) the day after general election day if the election
105-13 involved in the violation is a primary election and the alleged
105-14 violator is involved in the succeeding general election. (V.A.C.S.
105-15 Art. 6252-9d.1, Sec. 1.26.)
105-16 Sec. 571.135. PUBLIC INTEREST INFORMATION; STATUS OF
105-17 COMPLAINT. (a) The commission shall prepare information of
105-18 public interest describing the functions of the commission and the
105-19 procedures by which sworn or other complaints are filed with and
105-20 resolved by the commission. The commission shall make the
105-21 information available to the public and appropriate state agencies.
105-22 (b) The commission shall keep an information file about each
105-23 sworn or other complaint filed with the commission. In addition to
105-24 the notice required by Sections 571.124-571.132, the commission, at
105-25 least quarterly and until final disposition of a complaint, shall
105-26 notify the complainant and the respondent, if any, of the status of
105-27 the sworn or other complaint. (V.A.C.S. Art. 6252-9d.1, Sec.
106-1 1.27.)
106-2 Sec. 571.136. EXTENSION OF DEADLINE. The commission may, on
106-3 its own motion or on the reasonable request of a respondent, extend
106-4 any deadline for action relating to a sworn complaint, motion,
106-5 preliminary review, informal hearing, or formal hearing. (V.A.C.S.
106-6 Art. 6252-9d.1, Sec. 1.25(b).)
106-7 Sec. 571.137. SUBPOENA. (a) In connection with an
106-8 informal or a formal hearing, the commission, as authorized by this
106-9 chapter, may subpoena and examine witnesses and documents that
106-10 directly relate to a sworn complaint. A copy of a subpoena of the
106-11 commission must be delivered to the respondent.
106-12 (b) At the written request of at least six members of the
106-13 commission, a peace officer shall serve a subpoena of the
106-14 commission in the manner prescribed for service of a district court
106-15 subpoena.
106-16 (c) If a person to whom a subpoena is directed refuses to
106-17 appear, refuses to answer inquiries, or fails or refuses to produce
106-18 books, records, or other documents that were under the person's
106-19 control when the demand was made, the commission shall report that
106-20 fact to a district court in Travis County. The district court
106-21 shall enforce the subpoena by attachment proceedings for contempt
106-22 in the same manner as the court enforces a subpoena issued by the
106-23 court.
106-24 (d) A respondent has the right to quash a subpoena as
106-25 provided by law.
106-26 (e) A subpoenaed witness who attends a commission hearing is
106-27 entitled to the same mileage and per diem payments as a witness who
107-1 appears before a grand jury. (V.A.C.S. Art. 6252-9d.1, Secs.
107-2 1.11(b)(1), 1.14.)
107-3 Sec. 571.138. STATUS OF COMPLAINANT. The complainant is not
107-4 a party to a preliminary review, informal hearing, or formal
107-5 hearing under this subchapter. (V.A.C.S. Art. 6252-9d.1, Sec.
107-6 1.25(c).)
107-7 Sec. 571.139. APPLICABILITY OF OTHER ACTS. (a) Except as
107-8 provided by Section 571.140(b), Chapter 552 does not apply to
107-9 documents or any additional evidence relating to the processing,
107-10 preliminary review, informal hearing, or resolution of a sworn
107-11 complaint or motion.
107-12 (b) Chapter 551 does not apply to the processing,
107-13 preliminary review, informal hearing, or resolution of a sworn
107-14 complaint or motion, but does apply to a formal hearing held under
107-15 Sections 571.129-571.131.
107-16 (c) Subchapters C-H, Chapter 2001, apply only to a formal
107-17 hearing under this subchapter, the resolution of a formal hearing,
107-18 and the appeal of a final order of the commission, and only to the
107-19 extent consistent with this chapter. (V.A.C.S. Art. 6252-9d.1,
107-20 Secs. 1.21(b); 1.36(a) (part), (b).)
107-21 Sec. 571.140. CONFIDENTIALITY; OFFENSE. (a) Except as
107-22 provided by Subsection (b), proceedings at a preliminary review or
107-23 informal hearing performed by the commission, a sworn complaint,
107-24 and documents and any additional evidence relating to the
107-25 processing, preliminary review, informal hearing, or resolution of
107-26 a sworn complaint or motion are confidential and may not be
107-27 disclosed unless entered into the record of a formal hearing or a
108-1 judicial proceeding, except that a document or statement that was
108-2 previously public information remains public information.
108-3 (b) An order issued by the commission after the completion
108-4 of a preliminary review or an informal hearing determining that a
108-5 violation other than a technical or de minimis violation has
108-6 occurred is not confidential.
108-7 (c) A person commits an offense if the person discloses
108-8 information made confidential by this section. An offense under
108-9 this subsection is a Class A misdemeanor.
108-10 (d) In addition to other penalties, a person who discloses
108-11 information made confidential by this section is civilly liable to
108-12 the respondent in an amount equal to the greater of $10,000 or the
108-13 amount of actual damages incurred by the respondent, including
108-14 court costs and attorney fees. (V.A.C.S. Art. 6252-9d.1, Secs.
108-15 1.21(a), (c), (d), (e) (part).)
108-16 (Sections 571.141-571.170 reserved for expansion)
108-17 SUBCHAPTER F. ENFORCEMENT
108-18 Sec. 571.171. INITIATION AND REFERRAL. On a motion adopted
108-19 by an affirmative record vote of at least six commission members,
108-20 the commission may initiate civil enforcement actions and refer
108-21 matters to the appropriate prosecuting attorney for criminal
108-22 prosecution. (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(b)(4).)
108-23 Sec. 571.172. ORDER. The commission may:
108-24 (1) issue and enforce a cease and desist order to stop
108-25 a violation; and
108-26 (2) issue an affirmative order to require compliance
108-27 with the laws administered and enforced by the commission.
109-1 (V.A.C.S. Art. 6252-9d.1, Secs. 1.28(a)(5), (6).)
109-2 Sec. 571.173. CIVIL PENALTY FOR DELAY OR VIOLATION. The
109-3 commission may impose a civil penalty of not more than $5,000 or
109-4 triple the amount at issue under a law administered and enforced by
109-5 the commission, whichever amount is more, for a delay in complying
109-6 with a commission order or for a violation of a law administered
109-7 and enforced by the commission. (V.A.C.S. Art. 6252-9d.1, Sec.
109-8 1.28(a)(1).)
109-9 Sec. 571.174. DENIAL, SUSPENSION, OR REVOCATION OF LOBBYIST
109-10 REGISTRATION. After a criminal conviction for an offense under
109-11 Chapter 36 of the Penal Code or under Chapter 305, the commission
109-12 may deny, suspend, or revoke the registration of a person required
109-13 to be registered under Chapter 305. (V.A.C.S. Art. 6252-9d.1, Sec.
109-14 1.28(a)(3).)
109-15 Sec. 571.175. NOTIFICATION OF REGULATORY OR SUPERVISORY
109-16 ENTITY. The commission may notify the appropriate regulatory or
109-17 supervisory entity, including any agency, the State Commission on
109-18 Judicial Conduct, the senate, the house of representatives, or the
109-19 State Bar of Texas, of a violation of a law administered and
109-20 enforced by the commission. (V.A.C.S. Art. 6252-9d.1, Sec.
109-21 1.28(a)(4).)
109-22 Sec. 571.176. CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH
109-23 COMPLAINT. (a) The commission may impose a civil penalty of not
109-24 more than $10,000 for the filing of a frivolous or bad-faith
109-25 complaint. In this subsection, "frivolous complaint" means a
109-26 complaint that is groundless and brought in bad faith or is
109-27 groundless and brought for the purpose of harassment.
110-1 (b) In addition to other penalties, a person who files a
110-2 frivolous complaint is civilly liable to the respondent in an
110-3 amount equal to the greater of $10,000 or the amount of actual
110-4 damages incurred by the respondent, including court costs and
110-5 attorney fees. (V.A.C.S. Art. 6252-9d.1, Secs. 1.21(e) (part);
110-6 1.28(a)(2), (b).)
110-7 Sec. 571.177. FACTORS CONSIDERED FOR ASSESSMENT OF SANCTION.
110-8 The commission shall consider the following factors in assessing a
110-9 sanction:
110-10 (1) the seriousness of the violation, including the
110-11 nature, circumstances, consequences, extent, and gravity of the
110-12 violation;
110-13 (2) the history and extent of previous violations;
110-14 (3) the demonstrated good faith of the violator,
110-15 including actions taken to rectify the consequences of the
110-16 violation;
110-17 (4) the penalty necessary to deter future violations;
110-18 and
110-19 (5) any other matters that justice may require.
110-20 (V.A.C.S. Art. 6252-9d.1, Sec. 1.28(c).)
110-21 CHAPTER 572. PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF
110-22 CONDUCT, AND CONFLICT OF INTEREST
110-23 SUBCHAPTER A. GENERAL PROVISIONS
110-24 Sec. 572.001. POLICY; LEGISLATIVE INTENT
110-25 Sec. 572.002. GENERAL DEFINITIONS
110-26 Sec. 572.003. DEFINITION: APPOINTED OFFICER OF MAJOR
110-27 STATE AGENCY
111-1 Sec. 572.004. DEFINITION: REGULATION
111-2 Sec. 572.005. DETERMINATION OF SUBSTANTIAL INTEREST
111-3 Sec. 572.006. DETERMINATION OF DEPENDENT CHILD
111-4 Sec. 572.007. PENALTIES IMPOSED BY COMMISSION
111-5 Sec. 572.008. VENUE
111-6 (Sections 572.009-572.020 reserved for expansion)
111-7 SUBCHAPTER B. PERSONAL FINANCIAL STATEMENT
111-8 Sec. 572.021. FINANCIAL STATEMENT REQUIRED
111-9 Sec. 572.022. REPORTING CATEGORIES
111-10 Sec. 572.023. CONTENTS OF FINANCIAL STATEMENT
111-11 IN GENERAL
111-12 Sec. 572.024. INFORMATION ABOUT SERVICES FOR LOBBYISTS
111-13 OR LOBBYIST EMPLOYERS
111-14 Sec. 572.025. INFORMATION ABOUT LEGISLATORS' REPRESENTATION
111-15 BEFORE EXECUTIVE STATE AGENCIES
111-16 Sec. 572.026. FILING DATES FOR STATE OFFICERS AND PARTY
111-17 CHAIRMEN
111-18 Sec. 572.027. FILING DATES FOR CANDIDATES
111-19 Sec. 572.028. DUPLICATE STATEMENTS
111-20 Sec. 572.029. TIMELINESS OF FILING
111-21 Sec. 572.030. PREPARATION AND MAILING OF FORMS
111-22 Sec. 572.031. DETERMINATION OF COMPLIANCE WITH SUBCHAPTER
111-23 Sec. 572.032. PUBLIC ACCESS TO STATEMENTS
111-24 Sec. 572.033. CIVIL PENALTY
111-25 Sec. 572.034. CRIMINAL PENALTY
111-26 (Sections 572.035-572.050 reserved for expansion)
111-27 SUBCHAPTER C. STANDARDS OF CONDUCT AND CONFLICT OF INTEREST
112-1 PROVISIONS
112-2 Sec. 572.051. STANDARDS OF CONDUCT
112-3 Sec. 572.052. REPRESENTATION BY LEGISLATORS BEFORE STATE
112-4 AGENCIES; CRIMINAL OFFENSE
112-5 Sec. 572.053. VOTING BY LEGISLATORS ON CERTAIN MEASURES OR
112-6 BILLS; CRIMINAL OFFENSE
112-7 Sec. 572.054. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE OF
112-8 REGULATORY AGENCY RESTRICTED;
112-9 CRIMINAL OFFENSE
112-10 Sec. 572.055. CERTAIN SOLICITATIONS OF REGULATED BUSINESS
112-11 ENTITIES PROHIBITED; CRIMINAL OFFENSE
112-12 Sec. 572.056. CONTRACTS BY STATE OFFICERS WITH GOVERNMENTAL
112-13 ENTITIES; CRIMINAL OFFENSE
112-14 Sec. 572.057. CERTAIN LEASES PROHIBITED
112-15 Sec. 572.058. PRIVATE INTEREST IN MEASURE OR DECISION;
112-16 DISCLOSURE; REMOVAL FROM OFFICE FOR
112-17 VIOLATION
112-18 CHAPTER 572. PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF
112-19 CONDUCT, AND CONFLICT OF INTEREST
112-20 SUBCHAPTER A. GENERAL PROVISIONS
112-21 Sec. 572.001. POLICY; LEGISLATIVE INTENT. (a) It is the
112-22 policy of this state that a state officer or state employee may not
112-23 have a direct or indirect interest, including financial and other
112-24 interests, or engage in a business transaction or professional
112-25 activity, or incur any obligation of any nature that is in
112-26 substantial conflict with the proper discharge of the officer's or
112-27 employee's duties in the public interest.
113-1 (b) To implement this policy and to strengthen the faith and
113-2 confidence of the people of this state in state government, this
113-3 chapter provides standards of conduct and disclosure requirements
113-4 to be observed by persons owing a responsibility to the people and
113-5 government of this state in the performance of their official
113-6 duties.
113-7 (c) It is the intent of the legislature that this chapter
113-8 serve not only as a guide for official conduct of those persons but
113-9 also as a basis for discipline of those who refuse to abide by its
113-10 terms. (V.A.C.S. Art. 6252-9b, Sec. 1.)
113-11 Sec. 572.002. GENERAL DEFINITIONS. In this chapter:
113-12 (1) "Appointed officer" means:
113-13 (A) the secretary of state;
113-14 (B) an individual appointed with the advice and
113-15 consent of the senate to the governing board of a state-supported
113-16 institution of higher education;
113-17 (C) an officer of a state agency who is
113-18 appointed for a term of office specified by the Texas Constitution
113-19 or a statute of this state, excluding an appointee to a vacated
113-20 elective office; or
113-21 (D) an individual who is a member of the
113-22 governing board or commission of a state agency, who is not
113-23 appointed, and who is not otherwise:
113-24 (i) an elected officer;
113-25 (ii) an officer described by Paragraphs
113-26 (A)-(C); or
113-27 (iii) an executive head of a state agency.
114-1 (2) "Business entity" means any entity recognized by
114-2 law through which business for profit is conducted, including a
114-3 sole proprietorship, partnership, firm, corporation, holding
114-4 company, joint stock company, receivership, or trust.
114-5 (3) "Commission" means the Texas Ethics Commission.
114-6 (4) "Elected officer" means:
114-7 (A) a member of the legislature;
114-8 (B) an executive or judicial officer elected in
114-9 a statewide election;
114-10 (C) a judge of a court of appeals or of a
114-11 district court;
114-12 (D) a member of the State Board of Education; or
114-13 (E) an individual appointed to fill a vacancy in
114-14 an office or appointed to a newly created office who, if elected to
114-15 the office instead of appointed, would be an elected officer under
114-16 this subdivision.
114-17 (5) "Executive head of a state agency" means the
114-18 director, executive director, commissioner, administrator, chief
114-19 clerk, or other individual who is appointed by the governing body
114-20 or highest officer of the state agency to act as the chief
114-21 executive or administrative officer of the agency and who is not an
114-22 appointed officer. The term includes the chancellor or highest
114-23 executive officer of a university system and the president of a
114-24 public senior college or university as defined by Section 61.003,
114-25 Education Code.
114-26 (6) "Party chairman" means the state chairman of any
114-27 political party receiving more than two percent of the vote for
115-1 governor in the most recent general election.
115-2 (7) "Person" means an individual or a business entity.
115-3 (8) "Regulatory agency" means any department,
115-4 commission, board, or other agency, except the secretary of state
115-5 and the comptroller, that:
115-6 (A) is in the executive branch of state
115-7 government;
115-8 (B) has authority that is not limited to a
115-9 geographical portion of the state;
115-10 (C) was created by the Texas Constitution or a
115-11 statute of this state; and
115-12 (D) has constitutional or statutory authority to
115-13 engage in regulation.
115-14 (9) "Salaried appointed officer" means an appointed
115-15 officer who receives or is authorized to receive a salary for state
115-16 service but not a per diem or other form of compensation.
115-17 (10) "State agency" means:
115-18 (A) a department, commission, board, office, or
115-19 other agency that:
115-20 (i) is in the executive branch of state
115-21 government;
115-22 (ii) has authority that is not limited to
115-23 a geographical portion of the state; and
115-24 (iii) was created by the Texas
115-25 Constitution or a statute of this state;
115-26 (B) a university system or an institution of
115-27 higher education as defined by Section 61.003, Education Code,
116-1 other than a public junior college; or
116-2 (C) a river authority created under the Texas
116-3 Constitution or a statute of this state.
116-4 (11) "State employee" means an individual, other than
116-5 a state officer, who is employed by:
116-6 (A) a state agency;
116-7 (B) the Supreme Court of Texas, the Court of
116-8 Criminal Appeals of Texas, a court of appeals, or the Texas
116-9 Judicial Council; or
116-10 (C) either house of the legislature or a
116-11 legislative agency, council, or committee, including the
116-12 Legislative Budget Board, the Texas Legislative Council, the State
116-13 Auditor's Office, and the Legislative Reference Library.
116-14 (12) "State officer" means an elected officer, an
116-15 appointed officer, a salaried appointed officer, an appointed
116-16 officer of a major state agency, or the executive head of a state
116-17 agency. (V.A.C.S. Art. 6252-9b, Secs. 2(1), (2), (3), (4), (6),
116-18 (7), (8), (9), (11), (13), (15), (16).)
116-19 Sec. 572.003. DEFINITION: APPOINTED OFFICER OF MAJOR STATE
116-20 AGENCY. (a) In this chapter, "appointed officer of a major state
116-21 agency" means an individual listed in Subsection (b) or (c).
116-22 (b) The term means:
116-23 (1) the banking commissioner of the Banking Department
116-24 of Texas;
116-25 (2) the fire fighters' pension commissioner;
116-26 (3) the director of the Office of Court Administration
116-27 of the Texas Judicial System;
117-1 (4) the chief executive of the Office of Public
117-2 Utility Counsel;
117-3 (5) the executive director of the State Bar of Texas;
117-4 (6) the director of the lottery division in the office
117-5 of the comptroller;
117-6 (7) the deputy in charge of the department of security
117-7 in the lottery division in the office of the comptroller; or
117-8 (8) the secretary of state.
117-9 (c) The term means a member of:
117-10 (1) the Public Utility Commission of Texas;
117-11 (2) the Texas Department of Commerce;
117-12 (3) the Texas Natural Resource Conservation
117-13 Commission;
117-14 (4) the Texas Alcoholic Beverage Commission;
117-15 (5) the Finance Commission of Texas;
117-16 (6) the General Services Commission;
117-17 (7) the Texas Board of Criminal Justice;
117-18 (8) the board of trustees of the Employees Retirement
117-19 System of Texas;
117-20 (9) the Texas Transportation Commission;
117-21 (10) the Texas Workers' Compensation Commission;
117-22 (11) the State Board of Insurance;
117-23 (12) the Parks and Wildlife Commission;
117-24 (13) the Public Safety Commission;
117-25 (14) the Texas Ethics Commission;
117-26 (15) the State Securities Board;
117-27 (16) the Texas Water Development Board;
118-1 (17) the governing board of a public senior college or
118-2 university as defined by Section 61.003, Education Code, or of The
118-3 University of Texas Southwestern Medical Center at Dallas, The
118-4 University of Texas Medical Branch at Galveston, The University of
118-5 Texas Health Science Center at Houston, The University of Texas
118-6 Health Science Center at San Antonio, The University of Texas
118-7 System Cancer Center, The University of Texas Health Science Center
118-8 at Tyler, Texas College of Osteopathic Medicine, Texas Tech
118-9 University Health Sciences Center, Texas State Technical
118-10 Institute--Amarillo, Texas State Technical Institute--Harlingen,
118-11 Texas State Technical Institute--Sweetwater, or Texas State
118-12 Technical Institute--Waco;
118-13 (18) the Texas Higher Education Coordinating Board;
118-14 (19) the Texas Employment Commission;
118-15 (20) the State Banking Board;
118-16 (21) the board of trustees of the Teachers Retirement
118-17 System of Texas;
118-18 (22) the Credit Union Commission;
118-19 (23) the School Land Board;
118-20 (24) the board of the Texas Department of Housing and
118-21 Community Affairs;
118-22 (25) the Texas Racing Commission;
118-23 (26) the State Board of Dental Examiners;
118-24 (27) the Texas Board of Licensure for Nursing Home
118-25 Administrators;
118-26 (28) the Texas State Board of Medical Examiners;
118-27 (29) the Board of Pardons and Paroles;
119-1 (30) the Texas State Board of Pharmacy;
119-2 (31) the Department of Information Resources governing
119-3 board;
119-4 (32) the Motor Vehicle Board;
119-5 (33) the Texas Real Estate Commission;
119-6 (34) the board of directors of the State Bar of Texas;
119-7 (35) the Bond Review Board;
119-8 (36) the Texas Board of Health;
119-9 (37) the Texas Board of Mental Health and Mental
119-10 Retardation;
119-11 (38) the Texas Board on Aging;
119-12 (39) the Texas Board of Human Services;
119-13 (40) the Texas Funeral Service Commission; or
119-14 (41) the board of directors of a river authority
119-15 created under the Texas Constitution or a statute of this state.
119-16 (d) The term includes the successor in function as provided
119-17 by law to an office listed in Subsection (b) or (c) if that office
119-18 is abolished. (V.A.C.S. Art. 6252-9b, Secs. 2(5)(A), (B).)
119-19 Sec. 572.004. DEFINITION: REGULATION. In this chapter,
119-20 "regulation" means rulemaking, adjudication, or licensing. In this
119-21 definition:
119-22 (1) "Adjudication" means the process of an agency for
119-23 formulating an order.
119-24 (2) "License" includes all or part of an agency
119-25 permit, certificate, approval, registration, charter, membership,
119-26 statutory exemption, or other form of permission.
119-27 (3) "Licensing" includes the process of an agency
120-1 concerning the grant, renewal, denial, revocation, suspension,
120-2 annulment, withdrawal, limitation, amendment, modification, or
120-3 conditioning of a license.
120-4 (4) "Order" means all or part of a final disposition,
120-5 whether affirmative, negative, injunctive, or declaratory in form,
120-6 of an agency in a matter other than rulemaking but including
120-7 licensing.
120-8 (5) "Rule" means all or part of an agency statement of
120-9 general or particular applicability and future effect designed to
120-10 implement, interpret, or prescribe law or policy or to describe the
120-11 organization, procedure, or practice requirements of an agency.
120-12 (V.A.C.S. Art. 6252-9b, Sec. 2(10).)
120-13 Sec. 572.005. DETERMINATION OF SUBSTANTIAL INTEREST. An
120-14 individual has a substantial interest in a business entity if the
120-15 individual:
120-16 (1) has a controlling interest in the business entity;
120-17 (2) owns more than 10 percent of the voting interest
120-18 in the business entity;
120-19 (3) owns more than $25,000 of the fair market value of
120-20 the business entity;
120-21 (4) has a direct or indirect participating interest by
120-22 shares, stock, or otherwise, regardless of whether voting rights
120-23 are included, in more than 10 percent of the profits, proceeds, or
120-24 capital gains of the business entity;
120-25 (5) is a member of the board of directors or other
120-26 governing board of the business entity;
120-27 (6) serves as an elected officer of the business
121-1 entity; or
121-2 (7) is an employee of the business entity. (V.A.C.S.
121-3 Art. 6252-9b, Sec. 2(12).)
121-4 Sec. 572.006. DETERMINATION OF DEPENDENT CHILD. An
121-5 individual's child, including an adopted child or stepchild, is the
121-6 individual's dependent during a calendar year in which the
121-7 individual provides more than 50 percent of the child's support.
121-8 (V.A.C.S. Art. 6252-9b, Sec. 2(14).)
121-9 Sec. 572.007. PENALTIES IMPOSED BY COMMISSION. This chapter
121-10 does not prohibit the imposition of civil penalties by the
121-11 commission in addition to criminal penalties or other sanctions
121-12 imposed by law. (V.A.C.S. Art. 6252-9b, Sec. 12B.)
121-13 Sec. 572.008. VENUE. An offense under this chapter,
121-14 including perjury, may be prosecuted in Travis County or in any
121-15 other county in which it may be prosecuted under the Code of
121-16 Criminal Procedure. (V.A.C.S. Art. 6252-9b, Sec. 11.)
121-17 (Sections 572.009-572.020 reserved for expansion)
121-18 SUBCHAPTER B. PERSONAL FINANCIAL STATEMENT
121-19 Sec. 572.021. FINANCIAL STATEMENT REQUIRED. A state
121-20 officer, a partisan or independent candidate for an office as an
121-21 elected officer, and a party chairman shall file with the
121-22 commission a verified financial statement complying with Sections
121-23 572.022-572.025. (V.A.C.S. Art. 6252-9b, Secs. 3(a) (part), (d)
121-24 (part); 4(d).)
121-25 Sec. 572.022. REPORTING CATEGORIES. (a) If an amount in a
121-26 financial statement is required to be reported by category, the
121-27 individual filing the statement shall report whether the amount is:
122-1 (1) less than $5,000;
122-2 (2) at least $5,000 but less than $10,000;
122-3 (3) at least $10,000 but less than $25,000; or
122-4 (4) $25,000 or more.
122-5 (b) The individual filing the statement shall report an
122-6 amount of stock by category of number of shares instead of by
122-7 category of dollar value and shall report whether the amount is:
122-8 (1) less than 100 shares;
122-9 (2) at least 100 but less than 500 shares;
122-10 (3) at least 500 but less than 1,000 shares;
122-11 (4) at least 1,000 but less than 5,000 shares;
122-12 (5) at least 5,000 but less than 10,000 shares; or
122-13 (6) 10,000 shares or more.
122-14 (c) The individual filing the statement shall report a
122-15 description of real property by the number of lots or number of
122-16 acres, as applicable, in each county, the name of the county, and
122-17 the names of all persons retaining an interest in the property,
122-18 excluding an interest that is a severed mineral interest.
122-19 (V.A.C.S. Art. 6252-9b, Sec. 4(b).)
122-20 Sec. 572.023. CONTENTS OF FINANCIAL STATEMENT IN GENERAL.
122-21 (a) A financial statement must include an account of the financial
122-22 activity of the individual required by this subchapter to file a
122-23 financial statement and an account of the financial activity of the
122-24 individual's spouse and dependent children if the individual had
122-25 actual control over that activity for the preceding calendar year.
122-26 (b) The account of financial activity consists of:
122-27 (1) a list of all sources of occupational income,
123-1 identified by employer, or if self-employed, by the nature of the
123-2 occupation, including identification of a person or other
123-3 organization from which the individual or a business in which the
123-4 individual has a substantial interest received a fee as a retainer
123-5 for a claim on future services in case of need, as distinguished
123-6 from a fee for services on a matter specified at the time of
123-7 contracting for or receiving the fee, if professional or
123-8 occupational services are not actually performed during the
123-9 reporting period equal to or in excess of the amount of the
123-10 retainer, and the category of the amount of the fee;
123-11 (2) identification by name and the category of the
123-12 number of shares of stock of any business entity held or acquired,
123-13 and if sold, the category of the amount of net gain or loss
123-14 realized from the sale;
123-15 (3) a list of all bonds, notes, and other commercial
123-16 paper held or acquired, and if sold, the category of the amount of
123-17 net gain or loss realized from the sale;
123-18 (4) identification of each source and the category of
123-19 the amount of income in excess of $500 derived from each source
123-20 from interest, dividends, royalties, and rents;
123-21 (5) identification of each guarantor of a loan and
123-22 identification of each person or financial institution to whom a
123-23 personal note or notes or lease agreement for a total financial
123-24 liability in excess of $1,000 existed at any time during the year,
123-25 and the category of the amount of the liability;
123-26 (6) identification by description of all beneficial
123-27 interests in real property and business entities held or acquired,
124-1 and if sold, the category of the amount of the net gain or loss
124-2 realized from the sale;
124-3 (7) identification of a person or other organization
124-4 from which the individual or the individual's spouse or dependent
124-5 children received a gift of anything of value in excess of $250 and
124-6 a description of each gift, except:
124-7 (A) a gift received from an individual related
124-8 to the individual at any time within the second degree by
124-9 consanguinity or affinity, as determined under Subchapter A,
124-10 Chapter 573;
124-11 (B) a political contribution that was reported
124-12 as required by law; and
124-13 (C) an expenditure required to be reported by a
124-14 person required to be registered under Chapter 305;
124-15 (8) identification of the source and the category of
124-16 the amount of all income received as beneficiary of a trust and
124-17 identification of each asset, if known to the beneficiary, from
124-18 which income was received by the beneficiary in excess of $500;
124-19 (9) identification by description and the category of
124-20 the amount of all assets and liabilities of a corporation or
124-21 partnership in which 50 percent or more of the outstanding
124-22 ownership was held, acquired, or sold;
124-23 (10) a list of all boards of directors of which the
124-24 individual is a member and executive positions that the individual
124-25 holds in corporations, firms, partnerships, or proprietorships,
124-26 stating the name of each corporation, firm, partnership, or
124-27 proprietorship and the position held;
125-1 (11) identification of any person providing
125-2 transportation, meals, or lodging expenses permitted under Section
125-3 36.07(b), Penal Code, and the amount of those expenses, other than
125-4 expenditures required to be reported under Chapter 305; and
125-5 (12) any partnership, joint venture, or other business
125-6 association, excluding a publicly held corporation, in which both
125-7 the state officer and a person registered under Chapter 305 have an
125-8 interest. (V.A.C.S. Art. 6252-9b, Secs. 4(a), (c).)
125-9 Sec. 572.024. INFORMATION ABOUT SERVICES FOR LOBBYISTS OR
125-10 LOBBYIST EMPLOYERS. A state officer who receives a fee for
125-11 services rendered by the officer to or on behalf of a person
125-12 required to be registered under Chapter 305, or to or on behalf of
125-13 a person or entity that the officer actually knows directly
125-14 compensates or reimburses a person required to be registered under
125-15 Chapter 305, shall report on the financial statement the name of
125-16 each person or entity for which the services were rendered and the
125-17 category of the amount of each fee. (V.A.C.S. Art. 6252-9b, Sec.
125-18 4(f).)
125-19 Sec. 572.025. INFORMATION ABOUT LEGISLATORS' REPRESENTATION
125-20 BEFORE EXECUTIVE STATE AGENCIES. A member of the legislature who
125-21 represents another person for compensation before an executive
125-22 state agency shall report on the financial statement:
125-23 (1) the name of the agency;
125-24 (2) the person represented by the member; and
125-25 (3) the category of the amount of compensation
125-26 received by the member for that representation. (V.A.C.S. Art.
125-27 6252-9b, Sec. 4(g).)
126-1 Sec. 572.026. FILING DATES FOR STATE OFFICERS AND PARTY
126-2 CHAIRMEN. (a) Not later than April 30 each year, a state officer
126-3 or a party chairman shall file the financial statement as required
126-4 by this subchapter.
126-5 (b) An individual who is appointed to serve as a salaried
126-6 appointed officer or an appointed officer of a major state agency
126-7 or who is appointed to fill a vacancy in an elective office shall
126-8 file a financial statement not later than the 30th day after the
126-9 date of appointment or the date of qualification for the office, or
126-10 if confirmation by the senate is required, before the confirmation,
126-11 whichever date is earlier.
126-12 (c) An individual who is appointed or employed as the
126-13 executive head of a state agency shall file a financial statement
126-14 not later than the 45th day after the date on which the individual
126-15 assumes the duties of the position. A state agency shall
126-16 immediately notify the commission of the appointment or employment
126-17 of an executive head of the agency.
126-18 (d) An individual required to file a financial statement
126-19 under Subsection (a) may request the commission to grant an
126-20 extension of not more than 60 days for filing the statement. The
126-21 commission shall grant the request if it is received before the
126-22 filing deadline or if a timely filing or request for extension is
126-23 prevented because of physical or mental incapacity. The commission
126-24 may not grant more than one extension to an individual in one year
126-25 except for good cause shown. (V.A.C.S. Art. 6252-9b, Secs. 3(a),
126-26 (b), (c), (h).)
126-27 Sec. 572.027. FILING DATES FOR CANDIDATES. (a) Not later
127-1 than the 40th day after the date of the regular filing deadline for
127-2 an application for a place on the ballot in the general primary
127-3 election, an individual who is a partisan or independent candidate
127-4 for an office as an elected officer shall file the financial
127-5 statement required by this subchapter.
127-6 (b) If the deadline under which a candidate files an
127-7 application for a place on the ballot, other than the regular
127-8 filing deadline for an independent candidate, or files a
127-9 declaration of write-in candidacy falls after the date of the
127-10 regular filing deadline for candidates in the general primary
127-11 election, the candidate shall file the financial statement not
127-12 later than the 30th day after that later deadline. However, if
127-13 that deadline falls not later than the 35th day after the date on
127-14 which the election in which the candidate is running, the candidate
127-15 shall file the statement not later than the fifth day before the
127-16 date of that election.
127-17 (c) An individual who is a candidate in a special election
127-18 for an office as an elected officer shall file the financial
127-19 statement not later than the fifth day before the date of that
127-20 election.
127-21 (d) An individual nominated to fill a vacancy in a
127-22 nomination as a candidate for a position as an elected officer
127-23 under Chapter 145, Election Code, shall file the financial
127-24 statement not later than the 15th day after the date the
127-25 certificate of nomination required by Section 145.037 or 145.038,
127-26 Election Code, is filed. (V.A.C.S. Art. 6252-9b, Secs. 3(d)
127-27 (part), (f) (part).)
128-1 Sec. 572.028. DUPLICATE STATEMENTS. If an individual has
128-2 filed a financial statement under one provision of this subchapter
128-3 covering the preceding calendar year, the individual is not
128-4 required to file a financial statement required under another
128-5 provision of this subchapter to cover that same year if, before the
128-6 deadline for filing the statement under the other provision, the
128-7 individual notifies the commission in writing that the individual
128-8 has already filed a financial statement under the provision
128-9 specified. (V.A.C.S. Art. 6252-9b, Sec. 3(g).)
128-10 Sec. 572.029. TIMELINESS OF FILING. (a) The deadline for
128-11 filing a financial statement required by this subchapter is 5 p.m.
128-12 of the last day designated in the applicable provision for filing
128-13 the statement.
128-14 (b) If the last day for filing the financial statement is a
128-15 Saturday, Sunday, or holiday included under Subchapter B, Chapter
128-16 662, the statement is timely if filed on the next day that is not a
128-17 Saturday, Sunday, or listed holiday.
128-18 (c) A financial statement is timely filed if it is properly
128-19 addressed and placed in the United States Post Office or in the
128-20 hands of a common or contract carrier not later than the last day
128-21 for filing the financial statement. The post office cancellation
128-22 mark or the receipt mark of a common or contract carrier is prima
128-23 facie evidence of the date the statement was deposited with the
128-24 post office or carrier. The individual filing the statement may
128-25 show by competent evidence that the actual date of posting was
128-26 different from that shown by the marks. (V.A.C.S. Art. 6252-9b,
128-27 Sec. 3(i).)
129-1 Sec. 572.030. PREPARATION AND MAILING OF FORMS. (a) The
129-2 commission shall design forms that may be used for filing the
129-3 financial statement under this subchapter.
129-4 (b) The commission shall mail two copies of the financial
129-5 statement form to each individual required to file under this
129-6 subchapter.
129-7 (c) The copies must be mailed:
129-8 (1) before the 30th day before the deadline for filing
129-9 the financial statement under Section 572.026(a) or (c), except as
129-10 otherwise provided by this subsection;
129-11 (2) not later than the 15th day after the applicable
129-12 filing deadline for candidates required to file under Section
129-13 572.027(a), (b), or (c);
129-14 (3) not later than the the seventh day after the date
129-15 of appointment for individuals required to file under Section
129-16 572.026(b), or if the legislature is in session, sooner if
129-17 possible; and
129-18 (4) not later than the fifth day after the date the
129-19 certificate of nomination is filed for candidates required to file
129-20 under Section 574.027(d). (V.A.C.S. Art. 6252-9b, Secs. 3(e), (f)
129-21 (part); 4(e).)
129-22 Sec. 572.031. DETERMINATION OF COMPLIANCE WITH SUBCHAPTER.
129-23 (a) The commission shall conduct a continuing survey to determine
129-24 whether all individuals required to file financial statements under
129-25 this subchapter have filed statements in compliance with this
129-26 subchapter.
129-27 (b) If the commission determines that an individual has
130-1 failed to file the statement in compliance with this subchapter,
130-2 the commission shall send a written statement of the determination
130-3 to the appropriate prosecuting attorneys of the state. (V.A.C.S.
130-4 Art. 6252-9b, Sec. 12.)
130-5 Sec. 572.032. PUBLIC ACCESS TO STATEMENTS. (a) Financial
130-6 statements filed under this subchapter are public records. The
130-7 commission shall maintain the statements in separate alphabetical
130-8 files and in a manner that is accessible to the public during
130-9 regular office hours.
130-10 (b) During the one-year period following the filing of a
130-11 financial statement, each time a person requests to see the
130-12 financial statement, excluding the commission or a commission
130-13 employee acting on official business, the commission shall place in
130-14 the file a statement of the person's name and address, whom the
130-15 person represents, and the date of the request. The commission
130-16 shall retain that statement in the file for one year after the date
130-17 the requested financial statement is filed.
130-18 (c) After the second anniversary of the date the individual
130-19 ceases to be a state officer, the commission may, and on
130-20 notification from the former state officer shall, destroy each
130-21 financial statement filed by the state officer. (V.A.C.S. Art.
130-22 6252-9b, Sec. 9.)
130-23 Sec. 572.033. CIVIL PENALTY. (a) The commission shall
130-24 determine from any available evidence whether a statement required
130-25 to be filed under this subchapter is late. On making a
130-26 determination that the statement is late, the commission shall
130-27 immediately mail a notice of the determination to the individual
131-1 responsible for filing the statement and to the appropriate
131-2 attorney for the state.
131-3 (b) If a statement is determined to be late, the individual
131-4 responsible for filing the statement is civilly liable to the state
131-5 for an amount determined by commission rule, but not to exceed $100
131-6 for each day that the statement is late. If a statement is more
131-7 than 30 days late, the commission shall issue a warning of
131-8 liability by registered mail to the individual responsible for the
131-9 filing. If the penalty is not paid before the 10th day after the
131-10 date on which the warning is received, the individual is liable for
131-11 a civil penalty in an amount determined by commission rule, but not
131-12 to exceed $10,000.
131-13 (c) This section is cumulative of any other available
131-14 sanction for a late filing of a sworn statement. (V.A.C.S. Art.
131-15 6252-9b, Secs. 12A(a), (b), (d).)
131-16 Sec. 572.034. CRIMINAL PENALTY. (a) An individual commits
131-17 an offense if the individual is a state officer, candidate, or
131-18 party chairman and knowingly and wilfully fails to file a financial
131-19 statement as required by this subchapter.
131-20 (b) An offense under this section is a Class B misdemeanor.
131-21 (c) In a prosecution for failure to file a financial
131-22 statement under this section, it is a defense that the individual
131-23 did not receive copies of the financial statement form required by
131-24 this subchapter to be mailed to the individual. (V.A.C.S. Art.
131-25 6252-9b, Sec. 10.)
131-26 (Sections 572.035-572.050 reserved for expansion)
131-27 SUBCHAPTER C. STANDARDS OF CONDUCT AND CONFLICT
132-1 OF INTEREST PROVISIONS
132-2 Sec. 572.051. STANDARDS OF CONDUCT. A state officer or
132-3 employee should not:
132-4 (1) accept or solicit any gift, favor, or service that
132-5 might reasonably tend to influence the officer or employee in the
132-6 discharge of official duties or that the officer or employee knows
132-7 or should know is being offered with the intent to influence the
132-8 officer's or employee's official conduct;
132-9 (2) accept other employment or engage in a business or
132-10 professional activity that the officer or employee might reasonably
132-11 expect would require or induce the officer or employee to disclose
132-12 confidential information acquired by reason of the official
132-13 position;
132-14 (3) accept other employment or compensation that could
132-15 reasonably be expected to impair the officer's or employee's
132-16 independence of judgment in the performance of the officer's or
132-17 employee's official duties;
132-18 (4) make personal investments that could reasonably be
132-19 expected to create a substantial conflict between the officer's or
132-20 employee's private interest and the public interest; or
132-21 (5) intentionally or knowingly solicit, accept, or
132-22 agree to accept any benefit for having exercised the officer's or
132-23 employee's official powers or performed the officer's or employee's
132-24 official duties in favor of another. (V.A.C.S. Art. 6252-9b, Sec.
132-25 8.)
132-26 Sec. 572.052. REPRESENTATION BY LEGISLATORS BEFORE STATE
132-27 AGENCIES; CRIMINAL OFFENSE. (a) A member of the legislature may
133-1 not, for compensation, represent another person before a state
133-2 agency in the executive branch of state government unless:
133-3 (1) the representation is made in a proceeding that is
133-4 adversary in nature or in another public hearing that is a matter
133-5 of record; or
133-6 (2) the representation involves the filing of
133-7 documents, contacts with the agency, or other relations, that
133-8 involve only ministerial acts on the part of the commission,
133-9 agency, board, department, or officer.
133-10 (b) A member of the legislature commits an offense if the
133-11 member violates this section. An offense under this subsection is
133-12 a Class A misdemeanor. (V.A.C.S. Art. 6252-9b, Secs. 7(a), (e).)
133-13 Sec. 572.053. VOTING BY LEGISLATORS ON CERTAIN MEASURES OR
133-14 BILLS; CRIMINAL OFFENSE. (a) A member of the legislature may not
133-15 vote on a measure or a bill, other than a measure that will affect
133-16 an entire class of business entities, that will directly benefit a
133-17 specific business transaction of a business entity in which the
133-18 member has a controlling interest.
133-19 (b) In this section, "controlling interest" includes:
133-20 (1) an ownership interest or participating interest by
133-21 virtue of shares, stock, or otherwise that exceeds 10 percent;
133-22 (2) membership on the board of directors or other
133-23 governing body of the business entity; or
133-24 (3) service as an officer of the business entity.
133-25 (c) A member of the legislature commits an offense if the
133-26 member violates this section. An offense under this subsection is
133-27 a Class A misdemeanor. (V.A.C.S. Art. 6252-9b, Secs. 7(b), (c),
134-1 (d), (e).)
134-2 Sec. 572.054. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE
134-3 OF REGULATORY AGENCY RESTRICTED; CRIMINAL OFFENSE. (a) A former
134-4 member of the governing body or a former executive head of a
134-5 regulatory agency may not make any communication to or appearance
134-6 before an officer or employee of the agency in which the member or
134-7 executive head served before the second anniversary of the date the
134-8 member or executive head ceased to be a member of the governing
134-9 body or the executive head of the agency if the communication or
134-10 appearance is made:
134-11 (1) with the intent to influence; and
134-12 (2) on behalf of any person in connection with any
134-13 matter on which the person seeks official action.
134-14 (b) A former state officer or employee of a regulatory
134-15 agency who ceases service or employment with that agency on or
134-16 after January 1, 1992, may not represent any person or receive
134-17 compensation for services rendered on behalf of any person
134-18 regarding a particular matter in which the former officer or
134-19 employee participated during the period of state service or
134-20 employment, either through personal involvement or because the case
134-21 or proceeding was a matter within the officer's or employee's
134-22 official responsibility.
134-23 (c) Subsection (b) applies only to:
134-24 (1) a state officer of a regulatory agency; or
134-25 (2) a state employee of a regulatory agency who is
134-26 compensated, as of the last date of state employment, at or above
134-27 the amount prescribed by the General Appropriations Act for step 1,
135-1 salary group 17, of the position classification salary schedule,
135-2 including an employee who is exempt from the state's position
135-3 classification plan.
135-4 (d) Subsection (b) does not apply to a rulemaking proceeding
135-5 that was concluded before the officer's or employee's service or
135-6 employment ceased.
135-7 (e) Other law that restricts the representation of a person
135-8 before a particular state agency by a former state officer or
135-9 employee of that agency prevails over this section.
135-10 (f) An individual commits an offense if the individual
135-11 violates this section. An offense under this subsection is a Class
135-12 A misdemeanor.
135-13 (g) In this section, the comptroller and the secretary of
135-14 state are not excluded from the definition of "regulatory agency."
135-15 (h) In this section:
135-16 (1) "Participated" means to have taken action as an
135-17 officer or employee through decision, approval, disapproval,
135-18 recommendation, giving advice, investigation, or similar action.
135-19 (2) "Particular matter" means a specific
135-20 investigation, application, request for a ruling or determination,
135-21 rulemaking proceeding, contract, claim, charge, accusation, arrest,
135-22 or judicial or other proceeding. (V.A.C.S. Art. 6252-9b, Sec.
135-23 7A.)
135-24 Sec. 572.055. CERTAIN SOLICITATIONS OF REGULATED BUSINESS
135-25 ENTITIES PROHIBITED; CRIMINAL OFFENSE. (a) An association or
135-26 organization of employees of a regulatory agency may not solicit,
135-27 accept, or agree to accept anything of value from a business entity
136-1 regulated by that agency and from which the business entity must
136-2 obtain a permit to operate that business in this state or from an
136-3 individual directly or indirectly connected with that business
136-4 entity.
136-5 (b) A business entity regulated by a regulatory agency and
136-6 from which the business entity must obtain a permit to operate that
136-7 business in this state, or an individual directly or indirectly
136-8 connected with that business entity, may not offer, confer, or
136-9 agree to confer on an association or organization of employees of
136-10 that agency anything of value.
136-11 (c) This section does not apply to an agency regulating the
136-12 operation or inspection of motor vehicles or an agency charged with
136-13 enforcing the parks and wildlife laws of this state.
136-14 (d) A person commits an offense if the person intentionally
136-15 or knowingly violates this section. An offense under this
136-16 subsection is a Class A misdemeanor. (V.A.C.S. Art. 6252-9b, Sec.
136-17 7B.)
136-18 Sec. 572.056. CONTRACTS BY STATE OFFICERS WITH GOVERNMENTAL
136-19 ENTITIES; CRIMINAL OFFENSE. (a) A state officer may not solicit
136-20 or accept from a governmental entity a commission, fee, bonus,
136-21 retainer, or rebate that is compensation for the officer's personal
136-22 solicitation for the award of a contract for services or sale of
136-23 goods to a governmental entity.
136-24 (b) This section does not apply to:
136-25 (1) a contract that is awarded by competitive bid as
136-26 provided by law and that is not otherwise prohibited by law; or
136-27 (2) a court appointment.
137-1 (c) In this section, "governmental entity" means the state,
137-2 a political subdivision of the state, or a governmental entity
137-3 created under the Texas Constitution or a statute of this state.
137-4 (d) A state officer who violates this section commits an
137-5 offense. An offense under this subsection is a Class A
137-6 misdemeanor. (V.A.C.S. Art. 6252-9b, Secs. 7C(a), (b).)
137-7 Sec. 572.057. CERTAIN LEASES PROHIBITED. (a) A member of
137-8 the legislature, an executive or judicial officer elected in a
137-9 statewide election, or a business entity in which the legislator or
137-10 officer has a substantial interest may not lease any office space
137-11 or other real property to the state, a state agency, the
137-12 legislature or a legislative agency, the Supreme Court of Texas,
137-13 the Court of Criminal Appeals, or a state judicial agency.
137-14 (b) A lease made in violation of Subsection (a) is void.
137-15 (c) This section does not apply to an individual who is an
137-16 elected officer on June 16, 1989, for as long as the officer holds
137-17 that office. (V.A.C.S. Art. 6252-9b, Sec. 8A.)
137-18 Sec. 572.058. PRIVATE INTEREST IN MEASURE OR DECISION;
137-19 DISCLOSURE; REMOVAL FROM OFFICE FOR VIOLATION. (a) An elected or
137-20 appointed officer, other than an officer subject to impeachment
137-21 under Article XV, Section 2, of the Texas Constitution, who is a
137-22 member of a board or commission having policy direction over a
137-23 state agency and who has a personal or private interest in a
137-24 measure, proposal, or decision pending before the board or
137-25 commission shall publicly disclose the fact to the board or
137-26 commission in a meeting called and held in compliance with Chapter
137-27 551. The officer may not vote or otherwise participate in the
138-1 decision. The disclosure shall be entered in the minutes of the
138-2 meeting.
138-3 (b) An individual who violates this section is subject to
138-4 removal from office on the petition of the attorney general on the
138-5 attorney general's own initiative or on the relation of a resident
138-6 or of any other member of the board or commission. The suit must
138-7 be brought in a district court of Travis County or of the county
138-8 where the violation is alleged to have been committed.
138-9 (c) If the court or jury finds from a preponderance of the
138-10 evidence that the defendant violated this section and that an
138-11 ordinary prudent person would have known the individual's conduct
138-12 to be a violation of this section, the court shall enter judgment
138-13 removing the defendant from office.
138-14 (d) A suit under this section must be brought before the
138-15 second anniversary of the date the violation is alleged to have
138-16 been committed, or the suit is barred.
138-17 (e) The remedy provided by this section is cumulative of
138-18 other methods of removal from office provided by the Texas
138-19 Constitution or a statute of this state.
138-20 (f) In this section, "personal or private interest" has the
138-21 same meaning as is given to it under Article III, Section 22, of
138-22 the Texas Constitution, governing the conduct of members of the
138-23 legislature. For purposes of this section, an individual does not
138-24 have a "personal or private interest" in a measure, proposal, or
138-25 decision if the individual is engaged in a profession, trade, or
138-26 occupation and the individual's interest is the same as all others
138-27 similarly engaged in the profession, trade, or occupation.
139-1 (V.A.C.S. Art. 6252-9b, Sec. 6.)
139-2 CHAPTER 573. DEGREES OF RELATIONSHIP; NEPOTISM PROHIBITIONS
139-3 SUBCHAPTER A. GENERAL PROVISIONS
139-4 Sec. 573.001. DEFINITIONS
139-5 Sec. 573.002. DEGREES OF RELATIONSHIP
139-6 (Sections 573.003-573.020 reserved for expansion)
139-7 SUBCHAPTER B. RELATIONSHIPS BY CONSANGUINITY OR BY AFFINITY
139-8 Sec. 573.021. METHOD OF COMPUTING DEGREE OF RELATIONSHIP
139-9 Sec. 573.022. DETERMINATION OF CONSANGUINITY
139-10 Sec. 573.023. COMPUTATION OF DEGREE OF CONSANGUINITY
139-11 Sec. 573.024. DETERMINATION OF AFFINITY
139-12 Sec. 573.025. COMPUTATION OF DEGREE OF AFFINITY
139-13 (Sections 573.026-573.040 reserved for expansion)
139-14 SUBCHAPTER C. NEPOTISM PROHIBITIONS
139-15 Sec. 573.041. PROHIBITION APPLICABLE TO PUBLIC OFFICIAL
139-16 Sec. 573.042. PROHIBITION APPLICABLE TO CANDIDATE
139-17 Sec. 573.043. PROHIBITION APPLICABLE TO DISTRICT JUDGE
139-18 Sec. 573.044. PROHIBITION APPLICABLE TO TRADING
139-19 (Sections 573.045-573.060 reserved for expansion)
139-20 SUBCHAPTER D. EXCEPTIONS
139-21 Sec. 573.061. GENERAL EXCEPTIONS
139-22 Sec. 573.062. CONTINUOUS EMPLOYMENT
139-23 (Sections 573.063-573.080 reserved for expansion)
139-24 SUBCHAPTER E. ENFORCEMENT
139-25 Sec. 573.081. REMOVAL IN GENERAL
139-26 Sec. 573.082. REMOVAL BY QUO WARRANTO PROCEEDING
139-27 Sec. 573.083. WITHHOLDING PAYMENT OF COMPENSATION
140-1 Sec. 573.084. CRIMINAL PENALTY
140-2 CHAPTER 573. DEGREES OF RELATIONSHIP; NEPOTISM PROHIBITIONS
140-3 SUBCHAPTER A. GENERAL PROVISIONS
140-4 Sec. 573.001. DEFINITIONS. In this chapter:
140-5 (1) "Candidate" has the meaning assigned by Section
140-6 251.001, Election Code.
140-7 (2) "Position" includes an office, clerkship,
140-8 employment, or duty.
140-9 (3) "Public official" means:
140-10 (A) an officer of this state or of a district,
140-11 county, municipality, precinct, school district, or other political
140-12 subdivision of this state;
140-13 (B) an officer or member of a board of this
140-14 state or of a district, county, municipality, school district, or
140-15 other political subdivision of this state; or
140-16 (C) a judge of a court created by or under a
140-17 statute of this state. (V.A.C.S. Art. 5996a, Secs. 1(a) (part),
140-18 2(a) (part); New.)
140-19 Sec. 573.002. DEGREES OF RELATIONSHIP. Except as provided
140-20 by Section 573.043, this chapter applies to relationships within
140-21 the third degree by consanguinity or within the second degree by
140-22 affinity. (V.A.C.S. Art. 5996a, Sec. 1(a) (part).)
140-23 (Sections 573.003-573.020 reserved for expansion)
140-24 SUBCHAPTER B. RELATIONSHIPS BY CONSANGUINITY OR BY AFFINITY
140-25 Sec. 573.021. METHOD OF COMPUTING DEGREE OF RELATIONSHIP.
140-26 The degree of a relationship is computed by the civil law method.
140-27 (V.A.C.S. Art. 5996h, Sec. 1.)
141-1 Sec. 573.022. DETERMINATION OF CONSANGUINITY. (a) Two
141-2 individuals are related to each other by consanguinity if:
141-3 (1) one is a descendant of the other; or
141-4 (2) they share a common ancestor.
141-5 (b) An adopted child is considered to be a child of the
141-6 adoptive parent for this purpose. (V.A.C.S. Art. 5996h,
141-7 Sec. 2(a).)
141-8 Sec. 573.023. COMPUTATION OF DEGREE OF CONSANGUINITY.
141-9 (a) The degree of relationship by consanguinity between an
141-10 individual and the individual's descendant is determined by the
141-11 number of generations that separate them. A parent and child are
141-12 related in the first degree, a grandparent and grandchild in the
141-13 second degree, a great-grandparent and great-grandchild in the
141-14 third degree and so on.
141-15 (b) If an individual and the individual's relative are
141-16 related by consanguinity, but neither is descended from the other,
141-17 the degree of relationship is determined by adding:
141-18 (1) the number of generations between the individual
141-19 and the nearest common ancestor of the individual and the
141-20 individual's relative; and
141-21 (2) the number of generations between the relative and
141-22 the nearest common ancestor.
141-23 (c) An individual's relatives within the third degree by
141-24 consanguinity are the individual's:
141-25 (1) parent or child (relatives in the first degree);
141-26 (2) brother, sister, grandparent, or grandchild
141-27 (relatives in the second degree); and
142-1 (3) great-grandparent, great-grandchild, aunt who is a
142-2 sister of a parent of the individual, uncle who is a brother of a
142-3 parent of the individual, nephew who is a child of a brother or
142-4 sister of the individual, or niece who is a child of a brother or
142-5 sister of the individual (relatives in the third degree).
142-6 (V.A.C.S. Art. 5996h, Secs. 2(b), (c), 4(a).)
142-7 Sec. 573.024. DETERMINATION OF AFFINITY. (a) Two
142-8 individuals are related to each other by affinity if:
142-9 (1) they are married to each other; or
142-10 (2) the spouse of one of the individuals is related by
142-11 consanguinity to the other individual.
142-12 (b) The ending of a marriage by divorce or the death of a
142-13 spouse ends relationships by affinity created by that marriage
142-14 unless a child of that marriage is living, in which case the
142-15 marriage is considered to continue as long as a child of that
142-16 marriage lives. (V.A.C.S. Art. 5996h, Secs. 3(a), (b).)
142-17 Sec. 573.025. COMPUTATION OF DEGREE OF AFFINITY. (a) A
142-18 husband and wife are related to each other in the first degree by
142-19 affinity. For other relationships by affinity, the degree of
142-20 relationship is the same as the degree of the underlying
142-21 relationship by consanguinity. For example: if two individuals
142-22 are related to each other in the second degree by consanguinity,
142-23 the spouse of one of the individuals is related to the other
142-24 individual in the second degree by affinity.
142-25 (b) An individual's relatives within the third degree by
142-26 affinity are:
142-27 (1) anyone related by consanguinity to the
143-1 individual's spouse in one of the ways named in Section 573.023(c);
143-2 and
143-3 (2) the spouse of anyone related to the individual by
143-4 consanguinity in one of the ways named in Section 573.023(c).
143-5 (V.A.C.S. Art. 5996h, Secs. 3(c), 4(b).)
143-6 (Sections 573.026-573.040 reserved for expansion)
143-7 SUBCHAPTER C. NEPOTISM PROHIBITIONS
143-8 Sec. 573.041. PROHIBITION APPLICABLE TO PUBLIC OFFICIAL. A
143-9 public official may not appoint, confirm the appointment of, or
143-10 vote for the appointment or confirmation of the appointment of an
143-11 individual to a position that is to be directly or indirectly
143-12 compensated from public funds or fees of office if:
143-13 (1) the individual is related to the public official
143-14 within a degree described by Section 573.002; or
143-15 (2) the public official holds the appointment or
143-16 confirmation authority as a member of a state or local board, the
143-17 legislature, or a court and the individual is related to another
143-18 member of that board, legislature, or court within a degree
143-19 described by Section 573.002. (V.A.C.S. Art. 5996a, Sec. 1(a).)
143-20 Sec. 573.042. PROHIBITION APPLICABLE TO CANDIDATE. (a) A
143-21 candidate may not take an affirmative action to influence the
143-22 following individuals regarding the appointment, reappointment,
143-23 confirmation of the appointment or reappointment, employment,
143-24 reemployment, change in status, compensation, or dismissal of
143-25 another individual related to the candidate within a degree
143-26 described by Section 573.002:
143-27 (1) an employee of the office to which the candidate
144-1 seeks election; or
144-2 (2) an employee or another officer of the governmental
144-3 body to which the candidate seeks election, if the office the
144-4 candidate seeks is one office of a multimember governmental body.
144-5 (b) The prohibition imposed by this section does not apply
144-6 to a candidate's actions taken regarding a bona fide class or
144-7 category of employees or prospective employees. (V.A.C.S. Art.
144-8 5996a, Sec. 2.)
144-9 Sec. 573.043. PROHIBITION APPLICABLE TO DISTRICT JUDGE. A
144-10 district judge may not appoint as official stenographer of the
144-11 judge's district an individual related to the judge or to the
144-12 district attorney of the district within the third degree.
144-13 (V.A.C.S. Art. 5996e.)
144-14 Sec. 573.044. PROHIBITION APPLICABLE TO TRADING. A public
144-15 official may not appoint, confirm the appointment of, or vote for
144-16 the appointment or confirmation of the appointment of an individual
144-17 to a position in which the individual's services are under the
144-18 public official's direction or control and that is to be
144-19 compensated directly or indirectly from public funds or fees of
144-20 office if:
144-21 (1) the individual is related to another public
144-22 official within a degree described by Section 573.002; and
144-23 (2) the appointment, confirmation of the appointment,
144-24 or vote for appointment or confirmation of the appointment would be
144-25 carried out in whole or partial consideration for the other public
144-26 official appointing, confirming the appointment, or voting for the
144-27 appointment or confirmation of the appointment of an individual who
145-1 is related to the first public official within a degree described
145-2 by Section 573.002. (V.A.C.S. Art. 5996c.)
145-3 (Sections 573.045-573.060 reserved for expansion)
145-4 SUBCHAPTER D. EXCEPTIONS
145-5 Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not
145-6 apply to:
145-7 (1) an appointment to the office of a notary public or
145-8 to the confirmation of that appointment;
145-9 (2) an appointment of a page, secretary, attendant, or
145-10 other employee by the legislature for attendance on any member of
145-11 the legislature who, because of physical infirmities, is required
145-12 to have a personal attendant;
145-13 (3) a confirmation of the appointment of an appointee
145-14 appointed to a first term on a date when no individual related to
145-15 the appointee within a degree described by Section 573.002 was a
145-16 member of or a candidate for the legislature, or confirmation on
145-17 reappointment of the appointee to any subsequent consecutive term;
145-18 or
145-19 (4) an appointment or employment of a substitute
145-20 teacher or bus driver by a school district if:
145-21 (A) the district is located wholly in a county
145-22 with a population of less than 35,000; or
145-23 (B) the district is located in more than one
145-24 county and the county in which the largest part of the district is
145-25 located has a population of less than 35,000. (V.A.C.S. Art.
145-26 5996g, Sec. 1.)
145-27 Sec. 573.062. CONTINUOUS EMPLOYMENT. (a) A nepotism
146-1 prohibition prescribed by Section 573.041 or by a municipal charter
146-2 or ordinance does not apply to an appointment, confirmation of an
146-3 appointment, or vote for an appointment or confirmation of an
146-4 appointment of an individual to a position if:
146-5 (1) the individual is employed in the position
146-6 immediately before the election or appointment of the public
146-7 official to whom the individual is related in a prohibited degree;
146-8 and
146-9 (2) that prior employment of the individual is
146-10 continuous for at least:
146-11 (A) 30 days, if the public official is
146-12 appointed;
146-13 (B) six months, if the public official is
146-14 elected at an election other than the general election for state
146-15 and county officers; or
146-16 (C) one year, if the public official is elected
146-17 at the general election for state and county officers.
146-18 (b) If, under Subsection (a), an individual continues in a
146-19 position, the public official to whom the individual is related in
146-20 a prohibited degree may not participate in any deliberation or
146-21 voting on the appointment, reappointment, confirmation of the
146-22 appointment or reappointment, employment, reemployment, change in
146-23 status, compensation, or dismissal of the individual if that action
146-24 applies only to the individual and is not taken regarding a bona
146-25 fide class or category of employees. (V.A.C.S. Art. 5996a, Secs.
146-26 1(b), (c).)
146-27 (Sections 573.063-573.080 reserved for expansion)
147-1 SUBCHAPTER E. ENFORCEMENT
147-2 Sec. 573.081. REMOVAL IN GENERAL. (a) An individual who
147-3 violates Subchapter C or Section 573.062(b) shall be removed from
147-4 the individual's position. The removal must be made in accordance
147-5 with the removal provisions in the constitution of this state, if
147-6 applicable. If a provision of the constitution does not govern the
147-7 removal, the removal must be by a quo warranto proceeding.
147-8 (b) A removal from a position shall be made immediately and
147-9 summarily by the original appointing authority if a criminal
147-10 conviction against the appointee for a violation of Subchapter C or
147-11 Section 573.062(b) becomes final. If the removal is not made
147-12 within 30 days after the date the conviction becomes final, the
147-13 individual holding the position may be removed under Subsection
147-14 (a). (V.A.C.S. Art. 5996i.)
147-15 Sec. 573.082. REMOVAL BY QUO WARRANTO PROCEEDING. (a) A
147-16 quo warranto proceeding under this chapter must be brought by the
147-17 attorney general in a district court in Travis County or in a
147-18 district court of the county in which the defendant resides.
147-19 (b) The district or county attorney of the county in which a
147-20 suit is filed under this section shall assist the attorney general
147-21 at the attorney general's discretion. (V.A.C.S. Art. 5997.)
147-22 Sec. 573.083. WITHHOLDING PAYMENT OF COMPENSATION. A public
147-23 official may not approve an account or draw or authorize the
147-24 drawing of a warrant or order to pay the compensation of an
147-25 ineligible individual if the official knows the individual is
147-26 ineligible. (V.A.C.S. Art. 5996d.)
147-27 Sec. 573.084. CRIMINAL PENALTY. (a) An individual commits
148-1 an offense involving official misconduct if the individual violates
148-2 Subchapter C or Section 573.062(b) or 573.083.
148-3 (b) An offense under this section is a misdemeanor
148-4 punishable by a fine not less than $100 or more than $1,000.
148-5 (V.A.C.S. Art. 5996f.)
148-6 CHAPTER 574. DUAL OFFICEHOLDING
148-7 Sec. 574.001. FINDING OF CONSTITUTIONAL COMPLIANCE
148-8 Sec. 574.002. RECORD
148-9 Sec. 574.003. RULES
148-10 CHAPTER 574. DUAL OFFICEHOLDING
148-11 Sec. 574.001. FINDING OF CONSTITUTIONAL COMPLIANCE. A
148-12 nonelective state officer may not accept an offer to serve in
148-13 another nonelective office unless the officer obtains from the
148-14 governing body or, if there is not a governing body, the executive
148-15 head of the agency, division, department, or institution with which
148-16 the officer is associated, a finding that the officer has satisfied
148-17 Article XVI, Section 40, of the Texas Constitution. (V.A.C.S. Art.
148-18 6252-9a, Sec. 2 (part).)
148-19 Sec. 574.002. RECORD. A governing body or executive head
148-20 shall make a record of:
148-21 (1) a finding under Section 574.001; and
148-22 (2) any compensation that the nonelective officer is
148-23 to receive from holding the additional office, including salary,
148-24 bonus, or per diem payment. (V.A.C.S. Art. 6252-9a, Sec. 2
148-25 (part).)
148-26 Sec. 574.003. RULES. A governing body or executive head
148-27 shall adopt rules to implement this chapter. (V.A.C.S. Art.
149-1 6252-9a, Sec. 3.)
149-2 TITLE 6. PUBLIC OFFICERS AND EMPLOYEES
149-3 SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC
149-4 OFFICERS AND EMPLOYEES
149-5 Chapter 601. ELECTION AND OFFICE HOLDING
149-6 Chapter 602. ADMINISTRATION OF OATHS
149-7 Chapter 603. PROVISION OF DOCUMENTS AND FEES OF OFFICE
149-8 Chapter 604. OFFICIAL BONDS
149-9 Chapter 605. EIGHT-HOUR WORKDAY
149-10 Chapter 606. SOCIAL SECURITY
149-11 Chapter 607. BENEFITS RELATING TO CERTAIN CONTAGIOUS DISEASES
149-12 Chapter 608. PAYROLL DEDUCTION FOR SAVINGS BONDS
149-13 Chapter 609. DEFERRED COMPENSATION PLANS
149-14 Chapter 610. CHILD CARE EXPENSE SALARY REDUCTIONS
149-15 Chapter 611. LODGING, MEAL, AND TRAVEL REIMBURSEMENT
149-16 Chapter 612. LIABILITY INSURANCE
149-17 Chapter 613. REEMPLOYMENT FOLLOWING MILITARY SERVICE
149-18 Chapter 614. PEACE OFFICERS AND FIRE FIGHTERS
149-19 Chapter 615. FINANCIAL ASSISTANCE TO SURVIVORS OF CERTAIN LAW
149-20 ENFORCEMENT OFFICERS, FIRE FIGHTERS, AND OTHERS
149-21 Chapter 616. EMERGENCY INTERIM PUBLIC OFFICE SUCCESSION
149-22 Chapter 617. COLLECTIVE BARGAINING AND STRIKES
149-23 (Chapters 618-650 reserved for expansion)
149-24 SUBTITLE B. STATE OFFICERS AND EMPLOYEES
149-25 Chapter 651. GENERAL PROVISIONS
149-26 Chapter 652. VACANCIES
149-27 Chapter 653. BONDS COVERING CERTAIN STATE OFFICERS AND EMPLOYEES
150-1 Chapter 654. POSITION CLASSIFICATION
150-2 Chapter 655. MERIT SELECTION
150-3 Chapter 656. JOB NOTICES AND TRAINING
150-4 Chapter 657. VETERAN'S EMPLOYMENT PREFERENCES
150-5 Chapter 658. HOURS OF LABOR
150-6 Chapter 659. COMPENSATION
150-7 Chapter 660. TRAVEL EXPENSES
150-8 Chapter 661. LEAVE
150-9 Chapter 662. HOLIDAYS AND RECOGNITION DAYS
150-10 Chapter 663. CHILD CARE SERVICES FOR STATE EMPLOYEES
150-11 Chapter 664. STATE EMPLOYEES HEALTH FITNESS AND EDUCATION
150-12 Chapter 665. IMPEACHMENT AND REMOVAL
150-13 TITLE 6. PUBLIC OFFICERS AND EMPLOYEES
150-14 SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC
150-15 OFFICERS AND EMPLOYEES
150-16 CHAPTER 601. ELECTION AND OFFICE HOLDING
150-17 Sec. 601.001. DELIVERY OF CERTAIN BOOKS, PAPERS, AND DOCUMENTS
150-18 TO SUCCESSOR
150-19 Sec. 601.002. PERFORMANCE OF DUTIES BY FIRST ASSISTANT OR
150-20 CHIEF DEPUTY
150-21 Sec. 601.003. REGULAR TERM OF STATE, DISTRICT, COUNTY, OR
150-22 PRECINCT OFFICE
150-23 Sec. 601.004. PERSON ELECTED TO UNEXPIRED TERM OF STATE,
150-24 DISTRICT, COUNTY, OR PRECINCT OFFICE
150-25 Sec. 601.005. GOVERNOR TO COMMISSION STATE OR COUNTY
150-26 OFFICERS
150-27 Sec. 601.006. CERTIFIED STATEMENT OF PERSONS ELECTED TO COUNTY
151-1 OR PRECINCT OFFICES
151-2 Sec. 601.007. EVIDENCE OF QUALIFICATION FOR OFFICE
151-3 Sec. 601.008. UNAUTHORIZED OFFICERS
151-4 TITLE 6. PUBLIC OFFICERS AND EMPLOYEES
151-5 SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC
151-6 OFFICERS AND EMPLOYEES
151-7 CHAPTER 601. ELECTION AND OFFICE HOLDING
151-8 Sec. 601.001. DELIVERY OF CERTAIN BOOKS, PAPERS, AND
151-9 DOCUMENTS TO SUCCESSOR. (a) On leaving office, an officer shall
151-10 deliver all books, papers, and documents relating to the office to
151-11 the officer's successor.
151-12 (b) In this section, "officer" includes:
151-13 (1) each officer selected under the laws of this
151-14 state; and
151-15 (2) a member of a board or commission created by state
151-16 law. (V.A.C.S. Art. 18 (part).)
151-17 Sec. 601.002. PERFORMANCE OF DUTIES BY FIRST ASSISTANT OR
151-18 CHIEF DEPUTY. (a) The first assistant or chief deputy of a public
151-19 office in which a physical vacancy occurs shall conduct the affairs
151-20 of the office until a successor qualifies for the office.
151-21 (b) The authority of a first assistant or chief deputy to
151-22 discharge the duties of an office under Subsection (a) ceases on
151-23 the earliest of:
151-24 (1) the time the successor to the office qualifies for
151-25 the office;
151-26 (2) the end of the last day of any session of the
151-27 legislature occurring during the vacancy if the successor to the
152-1 office is subject to senate confirmation; or
152-2 (3) the end of the 21st day after the day the person
152-3 began discharging the duties of the office if the legislature is in
152-4 session on that day and the successor to the office is subject to
152-5 senate confirmation.
152-6 (c) This section does not apply to a vacancy on a board or
152-7 commission. (V.A.C.S. Art. 6252-1.)
152-8 Sec. 601.003. REGULAR TERM OF STATE, DISTRICT, COUNTY, OR
152-9 PRECINCT OFFICE. (a) The regular term of an elective state,
152-10 district, county, or precinct office begins on January 1 of the
152-11 year following the general election for state and county officers.
152-12 (b) A person elected to a regular term of office shall
152-13 qualify and assume the duties of the office on, or as soon as
152-14 possible after, January 1 of the year following the person's
152-15 election.
152-16 (c) This section does not apply to the office of governor,
152-17 lieutenant governor, state senator, or state representative.
152-18 (V.A.C.S. Art. 17 (part).)
152-19 Sec. 601.004. PERSON ELECTED TO UNEXPIRED TERM OF STATE,
152-20 DISTRICT, COUNTY, OR PRECINCT OFFICE. A person who receives a
152-21 certificate of election to an unexpired term of an office is
152-22 entitled to qualify for and assume the duties of the office
152-23 immediately and shall take office as soon as possible after the
152-24 receipt of the certificate of election. (V.A.C.S. Art. 17 (part).)
152-25 Sec. 601.005. GOVERNOR TO COMMISSION STATE OR COUNTY
152-26 OFFICERS. (a) The governor shall issue a commission to each state
152-27 or county officer, other than the governor, the lieutenant
153-1 governor, a state senator, or a state representative, who qualifies
153-2 for office.
153-3 (b) The secretary of state shall perform ministerial duties
153-4 incidental to administer this section. (V.A.C.S. Art. 16b.)
153-5 Sec. 601.006. CERTIFIED STATEMENT OF PERSONS ELECTED TO
153-6 COUNTY OR PRECINCT OFFICES. (a) On or immediately after January 1
153-7 after a general election for state and county officers, each county
153-8 clerk shall deliver to the secretary of state a certified statement
153-9 that contains for each person elected to a county or precinct
153-10 office in the election:
153-11 (1) the name of the person;
153-12 (2) the office to which the person was elected; and
153-13 (3) the date the person qualified for the office.
153-14 (b) The secretary of state shall prescribe necessary forms
153-15 for the statement and instructions for delivery of the statement.
153-16 (V.A.C.S. Art. 16a.)
153-17 Sec. 601.007. EVIDENCE OF QUALIFICATION FOR OFFICE. On
153-18 demand of a citizen of this state, the comptroller, the treasurer,
153-19 a commissioners court, a county treasurer, or any other officer of
153-20 the state or of a municipality who is authorized by law to make,
153-21 order, or audit payment to an officer of the state, of a county, or
153-22 of a municipality of compensation, fees, or perquisites for
153-23 official services shall, before making, ordering, or auditing the
153-24 payment, require the officer to produce:
153-25 (1) the certificate of election or of appointment to
153-26 the office that is required by law to be issued to the officer; or
153-27 (2) a certified copy of the judgment or decree that:
154-1 (A) was issued by a court of competent
154-2 jurisdiction; and
154-3 (B) determined the officer's claim to the
154-4 office. (V.A.C.S. Art. 6827.)
154-5 Sec. 601.008. UNAUTHORIZED OFFICERS. (a) An officer or
154-6 court of this state or of a municipality may not make, order,
154-7 allow, or audit payment of a person's claim for compensation, fees,
154-8 perquisites, or services as an officer of the state or of the
154-9 municipality unless the person:
154-10 (1) has been:
154-11 (A) lawfully elected as the officer and
154-12 determined to be elected to the office by the canvass conducted of
154-13 the election for the office;
154-14 (B) appointed as the officer by the lawful
154-15 appointing authority; or
154-16 (C) adjudged to be the officer by a state court
154-17 of competent jurisdiction; and
154-18 (2) has qualified as the officer under law.
154-19 (b) A person who has not been elected or appointed to an
154-20 office or has not qualified for office, as prescribed by Subsection
154-21 (a), is not entitled to:
154-22 (1) receive payment for services as the officer; or
154-23 (2) exercise the powers or jurisdiction of the office.
154-24 (c) The official acts of a person who claims a right to
154-25 exercise the power or jurisdiction of an office contrary to this
154-26 section are void. (V.A.C.S. Art. 6828.)
154-27 CHAPTER 602. ADMINISTRATION OF OATHS
155-1 Sec. 602.001. DEFINITION
155-2 Sec. 602.002. OATH MADE IN TEXAS
155-3 Sec. 602.003. OATH MADE OUTSIDE TEXAS BUT
155-4 INSIDE UNITED STATES
155-5 Sec. 602.004. OATH MADE OUTSIDE UNITED STATES
155-6 Sec. 602.005. OATH MADE BY MEMBER OF ARMED FORCES
155-7 OR BY MEMBER'S SPOUSE
155-8 Sec. 602.006. OATH OF OFFICE
155-9 CHAPTER 602. ADMINISTRATION OF OATHS
155-10 Sec. 602.001. DEFINITION. In this chapter, "oath" includes
155-11 the oath in an affidavit. (New.)
155-12 Sec. 602.002. Oath Made in Texas. An oath made in this
155-13 state may be administered and a certificate of the fact given by:
155-14 (1) a judge, clerk, or commissioner of a court of
155-15 record;
155-16 (2) a justice of the peace or a clerk of a justice
155-17 court;
155-18 (3) a notary public;
155-19 (4) a member of a board or commission created by a law
155-20 of this state, in a matter pertaining to a duty of the board or
155-21 commission;
155-22 (5) a person employed by the Texas Ethics Commission
155-23 who has a duty related to a report required by Title 15, Election
155-24 Code, in a matter pertaining to that duty;
155-25 (6) the secretary of state;
155-26 (7) the lieutenant governor;
155-27 (8) the speaker of the house of representatives; or
156-1 (9) the governor. (V.A.C.S. Art. 26, Sec. 1.)
156-2 Sec. 602.003. Oath Made Outside Texas but Inside United
156-3 States. An oath made outside this state but inside the United
156-4 States or its territories may be administered and a certificate of
156-5 the fact given by:
156-6 (1) a clerk of a court of record having a seal;
156-7 (2) a commissioner of deeds appointed under a law of
156-8 this state; or
156-9 (3) a notary public. (V.A.C.S. Art. 26, Sec. 2.)
156-10 Sec. 602.004. Oath Made Outside United States. An oath made
156-11 outside the United States and its territories may be administered
156-12 and a certificate of the fact given by:
156-13 (1) a minister, commissioner, or charge d'affaires of
156-14 the United States who resides in and is accredited to the country
156-15 where the oath or affidavit is made;
156-16 (2) a consul-general, consul, vice-consul, commercial
156-17 agent, vice-commercial agent, deputy consul, or consular agent of
156-18 the United States who resides in the country where the oath or
156-19 affidavit is made; or
156-20 (3) a notary public. (V.A.C.S. Art. 26, Sec. 3.)
156-21 Sec. 602.005. Oath Made by Member of Armed Forces or by
156-22 Member's Spouse. (a) A commissioned officer of the United States
156-23 armed forces or of a United States armed forces auxiliary may
156-24 administer an oath made by a member of the armed forces, a member
156-25 of an armed forces auxiliary, or a member's spouse and may give a
156-26 certificate of the fact.
156-27 (b) Unless there is pleading or evidence to the contrary, a
157-1 certificate signed under this section that is offered in evidence
157-2 establishes that:
157-3 (1) the commissioned officer who signed was a
157-4 commissioned officer on the date the officer signed; and
157-5 (2) the person who made the oath or affidavit was a
157-6 member of the armed forces or an armed forces auxiliary or was a
157-7 member's spouse when the oath was made.
157-8 (c) An oath is not invalid because the commissioned officer
157-9 who certified the oath did not attach an official seal to the
157-10 certificate. (V.A.C.S. Art. 26, Sec. 4.)
157-11 Sec. 602.006. Oath of Office. An oath of office may be
157-12 administered and a certificate of the fact given by a member of the
157-13 legislature. (V.A.C.S. Art. 26, Sec. 5.)
157-14 CHAPTER 603. PROVISION OF DOCUMENTS AND FEES OF OFFICE
157-15 Sec. 603.001. DEFINITION
157-16 Sec. 603.002. COPIES OF DOCUMENTS AVAILABLE TO PUBLIC
157-17 Sec. 603.003. COPIES FOR CLAIMS RELATING TO MILITARY
157-18 SERVICE
157-19 Sec. 603.004. FEES FOR CERTIFICATES OR COPIES OF DOCUMENTS
157-20 Sec. 603.005. FEE FOR ACKNOWLEDGMENT
157-21 Sec. 603.006. FEE BOOK
157-22 Sec. 603.007. BILL FOR FEES
157-23 Sec. 603.008. POSTING OF FEES REQUIRED
157-24 Sec. 603.009. DISPOSITION OF FEES
157-25 Sec. 603.010. OVERCHARGING OF FEES; PENALTY
157-26 CHAPTER 603. PROVISION OF DOCUMENTS AND FEES OF OFFICE
157-27 Sec. 603.001. DEFINITION. In this chapter, "document"
158-1 includes any instrument, paper, or other record. (New.)
158-2 Sec. 603.002. COPIES OF DOCUMENTS AVAILABLE TO PUBLIC. The
158-3 secretary of state, land commissioner, comptroller, state
158-4 treasurer, commissioner of agriculture, banking commissioner, state
158-5 librarian, or attorney general:
158-6 (1) shall furnish to a person on request a certified
158-7 copy, under seal, of any document in the officer's office that is
158-8 available under law to that person; and
158-9 (2) may not demand or collect a fee from an officer of
158-10 the state for a copy of any document in the respective offices or
158-11 for a certificate in relation to a matter in the respective offices
158-12 if the copy is required in the performance of an official duty of
158-13 the office of the state officer requesting the copy. (V.A.C.S.
158-14 Art. 3913 (part).)
158-15 Sec. 603.003. COPIES FOR CLAIMS RELATING TO MILITARY
158-16 SERVICE. (a) A county clerk, district clerk, or other public
158-17 official on request shall furnish without cost to a person or the
158-18 person's guardian, dependent, or heir one or more certified copies
158-19 of a document that is in the custody of or on file in the county
158-20 clerk's, district clerk's, or other public official's office if:
158-21 (1) the person or the person's guardian, dependent, or
158-22 heir is eligible to make a claim against the United States
158-23 government because of service in the United States armed forces or
158-24 an auxiliary service, including the maritime service or the
158-25 merchant marine; and
158-26 (2) the document is necessary to prove the claim.
158-27 (b) The issuance of a certified copy under this section may
159-1 not be considered in determining the maximum fee of the office.
159-2 (V.A.C.S. Art. 1939a, Art. 1.)
159-3 Sec. 603.004. FEES FOR CERTIFICATES OR COPIES OF DOCUMENTS.
159-4 (a) Except as otherwise provided by law, the secretary of state,
159-5 land commissioner, comptroller, commissioner of agriculture,
159-6 banking commissioner, state librarian, attorney general, or other
159-7 officer of the state or a head of a state department shall collect
159-8 the following fees for the following services:
159-9 (1) a copy, other than a photographic copy, of a
159-10 document in an office in English, for each page or fraction of a
159-11 page, $1.50;
159-12 (2) a copy, other than a photographic copy, of a
159-13 document in an office in a language other than English, for each
159-14 page or fraction of a page, $2;
159-15 (3) a translated copy of a document in an office, the
159-16 greater of $.03 for each word or $5;
159-17 (4) a copy of a plat or map in an office, a fee the
159-18 officer of the office in which the copy is made may establish with
159-19 reference to the amount of labor, supplies, and materials required;
159-20 or
159-21 (5) a sealed certificate affixed to a copy, including
159-22 a certificate affixed to a photographic copy, $1.
159-23 (b) The state librarian may charge, for a photographic copy,
159-24 a fee determined by the Texas State Library and Archives Commission
159-25 with reference to the amount of labor, supplies, and materials
159-26 required. (V.A.C.S. Art. 3913 (part).)
159-27 Sec. 603.005. FEE FOR ACKNOWLEDGMENT. An officer who is
160-1 authorized by law to take acknowledgment or proof of a deed or
160-2 other written instrument shall receive the same fee a notary public
160-3 may receive for the same service. (V.A.C.S. Art. 3905.)
160-4 Sec. 603.006. FEE BOOK. An officer who by law may charge a
160-5 fee for a service shall keep a fee book and shall enter in the book
160-6 all fees charged for services rendered. (V.A.C.S. Art. 3907
160-7 (part).)
160-8 Sec. 603.007. BILL FOR FEES. A fee under this chapter is
160-9 not payable to a person until a clerk or officer produces, or is
160-10 ready to produce, a bill in writing containing the details of the
160-11 fee to the person who owes the fee. The bill must be signed by the
160-12 clerk or officer to whom the fee is due or who charges the fee or
160-13 by the successor in office or legal representative of the clerk or
160-14 officer. (V.A.C.S. Art. 3908 (part).)
160-15 Sec. 603.008. POSTING OF FEES REQUIRED. A county judge,
160-16 clerk of a district or county court, sheriff, justice of the peace,
160-17 constable, or notary public shall keep posted at all times in a
160-18 conspicuous place in the respective offices a complete list of fees
160-19 the person may charge by law. (V.A.C.S. Art. 3910.)
160-20 Sec. 603.009. DISPOSITION OF FEES. (a) Except as provided
160-21 by this section, an officer required to collect a fee under Section
160-22 603.004 shall deposit the fee in the state treasury to the credit
160-23 of the general revenue fund.
160-24 (b) The banking commissioner shall deposit fees as provided
160-25 by Section 8, Chapter 139, Acts of the 52nd Legislature, Regular
160-26 Session, 1951 (Article 3921a, Vernon's Texas Civil Statutes).
160-27 (c) The Texas Employment Commission shall deposit fees in
161-1 accordance with federal law.
161-2 (d) The Texas State Library and Archives Commission shall
161-3 retain fees collected under this chapter by the state librarian.
161-4 (V.A.C.S. Art. 3913 (part).)
161-5 Sec. 603.010. OVERCHARGING OF FEES; PENALTY. An officer
161-6 named in this chapter who demands and receives a higher fee than
161-7 authorized under this chapter or a fee that is not authorized under
161-8 this chapter is liable to the aggrieved person for four times the
161-9 amount unlawfully demanded and received. (V.A.C.S. Art. 3909
161-10 (part).)
161-11 CHAPTER 604. OFFICIAL BONDS
161-12 Sec. 604.001. FILING OF OFFICIAL BOND
161-13 Sec. 604.002. SURETIES
161-14 Sec. 604.003. DEPOSITORY OF BOND OF CERTAIN OFFICERS
161-15 Sec. 604.004. COPY OF CERTAIN BONDS TO BE FILED WITH
161-16 SECRETARY OF STATE
161-17 Sec. 604.005. BOND NOT VOID ON FIRST RECOVERY
161-18 Sec. 604.006. BOND INURES TO PERSONS AGGRIEVED
161-19 Sec. 604.007. LIMITATION
161-20 CHAPTER 604. OFFICIAL BONDS
161-21 Sec. 604.001. FILING OF OFFICIAL BOND. An officer required
161-22 by law to give an official bond shall file the bond with the
161-23 officer's oath of office. (V.A.C.S. Art. 16 (part).)
161-24 Sec. 604.002. SURETIES. An officer shall execute the
161-25 officer's official bond with:
161-26 (1) two or more good and sufficient sureties; or
161-27 (2) a solvent surety company authorized to do business
162-1 in this state. (V.A.C.S. Art. 5998.)
162-2 Sec. 604.003. DEPOSITORY OF BOND OF CERTAIN OFFICERS. (a)
162-3 Except as provided by Subsection (b), the officer approving the
162-4 bond of an officer required by law to give an official bond payable
162-5 to the governor or the state shall deposit the bond with the
162-6 comptroller.
162-7 (b) The governor shall deposit the official bond of the
162-8 comptroller with the secretary of state. (V.A.C.S. Art. 5999.)
162-9 Sec. 604.004. COPY OF CERTAIN BONDS TO BE FILED WITH
162-10 SECRETARY OF STATE. A member of the governing body of a political
162-11 subdivision created under Article III, Section 52, or Article XVI,
162-12 Section 59, of the Texas Constitution, who is required by law to
162-13 file an official bond shall file a copy of the individual's bond
162-14 with the secretary of state not later than the 10th day after the
162-15 date the bond is required by law to be filed. (V.A.C.S. Art.
162-16 6003c, Sec. 1.)
162-17 Sec. 604.005. BOND NOT VOID ON FIRST RECOVERY. (a) The
162-18 official bond of a state, county, or precinct officer is not void
162-19 on first recovery.
162-20 (b) An injured party may sue separately on a bond until the
162-21 bond is exhausted. (V.A.C.S. Art. 6003.)
162-22 Sec. 604.006. BOND INURES TO PERSONS AGGRIEVED. In a suit
162-23 arising from the defalcation of a public officer or the
162-24 misapplication or misappropriation of money by a public officer,
162-25 the official bond of the officer inures to a person aggrieved by
162-26 the defalcation or misapplication or misappropriation occurring in
162-27 the period covered by the bond. (V.A.C.S. Art. 6003a (part).)
163-1 Sec. 604.007. LIMITATION. For purposes of limitation, a
163-2 suit on an official bond of a public officer arising from the
163-3 defalcation of the officer or the misapplication or
163-4 misappropriation of money by the officer is an action for debt
163-5 founded on a contract in writing governed by Section 16.004, Civil
163-6 Practice and Remedies Code. (V.A.C.S. Art. 6003a (part).)
163-7 CHAPTER 605. EIGHT-HOUR WORKDAY
163-8 Sec. 605.001. EIGHT-HOUR WORKDAY FOR CERTAIN PUBLIC WORKS
163-9 Sec. 605.002. LENGTH OF WORKDAY; EMERGENCY WORK
163-10 Sec. 605.003. CRIMINAL OFFENSE
163-11 Sec. 605.004. FEDERAL LABOR STANDARDS ACT EXEMPTION
163-12 CHAPTER 605. EIGHT-HOUR WORKDAY
163-13 Sec. 605.001. EIGHT-HOUR WORKDAY FOR CERTAIN PUBLIC WORKS.
163-14 Eight hours of work in a calendar day constitute a day's work for a
163-15 laborer, worker, or mechanic employed by or on behalf of the state
163-16 or a political subdivision of the state for the construction,
163-17 repair, or improvement of a building, bridge, road, highway,
163-18 stream, or levee or for other similar work. (V.A.C.S. Arts. 5165,
163-19 5165.1.)
163-20 Sec. 605.002. LENGTH OF WORKDAY; EMERGENCY WORK. (a) In a
163-21 contract for any work made by or on behalf of the state or a legal
163-22 or political subdivision of the state eight hours constitutes a
163-23 day's work.
163-24 (b) The time spent by a worker in going to and from the
163-25 workplace is not a part of the hours of work.
163-26 (c) A person having a contract with the state or a legal or
163-27 political subdivision of the state may not require or permit a
164-1 laborer, worker, or mechanic to work more than eight hours in a
164-2 calendar day, except:
164-3 (1) in employment to which the Fair Labor Standards
164-4 Act of 1938 (29 U.S.C. Section 201 et seq.) applies;
164-5 (2) in an emergency that may arise in a time of war;
164-6 (3) to protect property or human life;
164-7 (4) for the housing of inmates of a public institution
164-8 in case of fire or destruction by the elements; or
164-9 (5) for work financed in whole or part by the federal
164-10 government or any of its agencies in which the total number of
164-11 hours a week required or permitted of a worker does not exceed the
164-12 number of hours a week allowed by federal regulation.
164-13 (d) A laborer, worker, or mechanic who works in an emergency
164-14 described by Subsection (c) more than eight hours in a calendar day
164-15 is entitled to be paid according to the workday provided by
164-16 Subsection (a). (V.A.C.S. Art. 5165.2 (part).)
164-17 Sec. 605.003. CRIMINAL OFFENSE. (a) A person, or officer,
164-18 agent, or employee of the person, commits an offense if the person,
164-19 or officer, agent, or employee of the person, violates any
164-20 provision of this chapter.
164-21 (b) An offense under this section is a misdemeanor
164-22 punishable by a fine of not less than $50 or more than $1,000 and
164-23 confinement in jail for not more than six months, or both a fine
164-24 and confinement.
164-25 (c) Each day a person violates a provision of this chapter
164-26 is a separate offense. (V.A.C.S. Art. 5165.3.)
164-27 Sec. 605.004. FEDERAL LABOR STANDARDS ACT EXEMPTION. An
165-1 employer who complies with the overtime provisions of the Fair
165-2 Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) is
165-3 considered to comply with the eight-hour day requirements of this
165-4 chapter and is not civilly or criminally liable for a violation of
165-5 the requirements. (V.A.C.S. Art. 5165.6.)
165-6 CHAPTER 606. SOCIAL SECURITY
165-7 SUBCHAPTER A. GENERAL PROVISIONS
165-8 Sec. 606.001. DEFINITIONS
165-9 Sec. 606.002. ADMINISTRATION OF CHAPTER
165-10 Sec. 606.003. AGREEMENTS WITH SECRETARY
165-11 (Sections 606.004-606.020 reserved for expansion)
165-12 SUBCHAPTER B. COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS
165-13 Sec. 606.021. DEFINITIONS
165-14 Sec. 606.022. AGREEMENTS WITH POLITICAL SUBDIVISIONS
165-15 Sec. 606.023. RULES
165-16 Sec. 606.024. PLAN FOR COVERAGE
165-17 Sec. 606.025. GUARANTEES FOR PAYMENT
165-18 Sec. 606.026. CONTRIBUTIONS BY POLITICAL SUBDIVISION
165-19 Sec. 606.027. PROCEDURE FOR MAKING CONTRIBUTIONS
165-20 Sec. 606.028. ADMINISTRATIVE EXPENSES
165-21 Sec. 606.029. DELINQUENT PAYMENTS
165-22 Sec. 606.030. SOCIAL SECURITY ADMINISTRATION FUND
165-23 Sec. 606.031. EXPENDITURES
165-24 (Sections 606.032-606.060 reserved for expansion)
165-25 SUBCHAPTER C. COVERAGE FOR STATE EMPLOYEES
165-26 Sec. 606.061. DEFINITIONS
165-27 Sec. 606.062. DUTY OF EXECUTIVE DIRECTOR
166-1 Sec. 606.063. CONTRIBUTIONS BY STATE AGENCY
166-2 Sec. 606.064. EMPLOYEE CONTRIBUTIONS BY STATE AGENCY
166-3 Sec. 606.065. CONTRIBUTIONS FOR JUDGES
166-4 Sec. 606.066. COLLECTION OF EMPLOYEE'S CONTRIBUTION
166-5 Sec. 606.067. COLLECTION OF STATE CONTRIBUTION FOR EMPLOYEES
166-6 PAID FROM TREASURY
166-7 Sec. 606.068. COLLECTION OF STATE CONTRIBUTION FOR EMPLOYEES
166-8 NOT PAID FROM TREASURY
166-9 Sec. 606.069. METHOD OF MAKING CONTRIBUTIONS TO FEDERAL
166-10 GOVERNMENT
166-11 Sec. 606.070. RULES AND REPORTS
166-12 Sec. 606.071. EXPENDITURES
166-13 Sec. 606.072. BENEFITS FOR STATE EMPLOYEES UNDER BOTH STATE
166-14 AND FEDERAL LAW
166-15 (Sections 606.073-606.100 reserved for expansion)
166-16 SUBCHAPTER D. COVERAGE FOR STATE EMPLOYEES PAID FROM FEDERAL FUNDS
166-17 Sec. 606.101. COVERAGE
166-18 CHAPTER 606. SOCIAL SECURITY
166-19 SUBCHAPTER A. GENERAL PROVISIONS
166-20 Sec. 606.001. DEFINITIONS. In this chapter:
166-21 (1) "Social security coverage" means federal old-age,
166-22 survivors, and disability insurance benefits under 42 U.S.C.
166-23 Chapter 7, Subchapter II.
166-24 (2) "Federal Insurance Contributions Act" means 26
166-25 U.S.C. Chapter 21.
166-26 (3) "Political subdivision" includes:
166-27 (A) a county;
167-1 (B) a municipality; or
167-2 (C) an instrumentality of the state, of another
167-3 political subdivision, or of the state and another political
167-4 subdivision:
167-5 (i) that is a juristic entity that is
167-6 legally separate and distinct from the state or political
167-7 subdivision; and
167-8 (ii) whose employees are not employees of
167-9 the state or political subdivision.
167-10 (4) "Retirement system" means the Employees Retirement
167-11 System of Texas.
167-12 (5) "Secretary" means the United States Secretary of
167-13 Health and Human Services or an individual designated by the
167-14 secretary to administer coverage of the Social Security Act to
167-15 employees of a state and its political subdivisions.
167-16 (6) "Social Security Act" means 42 U.S.C. Chapter 7,
167-17 including regulations and requirements adopted under that chapter.
167-18 (V.A.C.S. Arts. 695g, Secs. 1(d), (e), (g), (h); 695h, Secs. 1(d),
167-19 (e), (f), (g) (part); New.)
167-20 Sec. 606.002. ADMINISTRATION OF CHAPTER. The executive
167-21 director of the retirement system shall direct and administer the
167-22 functions of the retirement system under this chapter. (V.A.C.S.
167-23 Arts. 695g, Sec. 2; 695h, Sec. 2 (part).)
167-24 Sec. 606.003. AGREEMENTS WITH SECRETARY. (a) The
167-25 retirement system may enter into agreements with the secretary to
167-26 obtain social security coverage for employees of the state or a
167-27 political subdivision.
168-1 (b) An agreement between the retirement system and the
168-2 secretary may contain any appropriate provision, including a
168-3 provision relating to coverage, benefits, contributions, effective
168-4 date, modification, and administration. (V.A.C.S. Arts. 695g, Sec.
168-5 3; 695h, Sec. 3.)
168-6 (Sections 606.004-606.020 reserved for expansion)
168-7 SUBCHAPTER B. COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS
168-8 Sec. 606.021. DEFINITIONS. In this subchapter:
168-9 (1) "Employee" includes an officer of a political
168-10 subdivision.
168-11 (2) "Employment" means service performed by an
168-12 employee of a political subdivision except service:
168-13 (A) that in the absence of an agreement under
168-14 this subchapter would constitute employment under the Social
168-15 Security Act;
168-16 (B) that under the Social Security Act may not
168-17 be included in an agreement between the retirement system and the
168-18 secretary; or
168-19 (C) as a police officer in a position that, at
168-20 the time the agreement is made, is subject to another retirement
168-21 system of a municipality with a population of 250,000 or more,
168-22 according to the most recent federal census before the date of the
168-23 agreement.
168-24 (3) "Wages" means all remuneration for employment,
168-25 including the cash value of all remuneration paid other than by
168-26 cash. The term does not include remuneration that does not
168-27 constitute "wages" under the Federal Insurance Contributions Act.
169-1 (V.A.C.S. Art. 695g, Secs. 1(a), (b), (c) (part).)
169-2 Sec. 606.022. AGREEMENTS WITH POLITICAL SUBDIVISIONS. (a)
169-3 The retirement system and the governing body of a political
169-4 subdivision that is eligible under the Social Security Act may
169-5 enter into an agreement to obtain social security coverage for the
169-6 employees of the political subdivision.
169-7 (b) An agreement between the retirement system and the
169-8 governing body:
169-9 (1) must include a provision that an action of the
169-10 federal government may not impair or impede a retirement program of
169-11 this state or a political subdivision; and
169-12 (2) may include any other appropriate provision,
169-13 including a provision relating to coverage benefits, contributions,
169-14 effective date, modification of the agreement, and administration.
169-15 (c) The retirement system shall prescribe the terms of
169-16 agreements necessary to:
169-17 (1) carry out this subchapter; and
169-18 (2) insure the financial responsibility of the
169-19 participating political subdivisions. (V.A.C.S. Art. 695g, Secs. 4
169-20 (part), 5 (part), 6 (part).)
169-21 Sec. 606.023. RULES. The retirement system shall adopt
169-22 rules that it finds necessary to govern the application for and the
169-23 eligibility of employees of a political subdivision to obtain
169-24 social security coverage. (V.A.C.S. Art. 695g, Sec. 5 (part).)
169-25 Sec. 606.024. PLAN FOR COVERAGE. (a) To obtain social
169-26 security coverage for its employees, a political subdivision must
169-27 submit a plan for approval by the retirement system.
170-1 (b) The retirement system shall approve a plan if the
170-2 retirement system finds that the plan:
170-3 (1) conforms to the retirement system's rules;
170-4 (2) conforms to federal law and agreements made
170-5 between the federal government and the states;
170-6 (3) specifies the source of funds from which payments
170-7 will be made and guarantees that this source will be adequate;
170-8 (4) provides methods for proper and efficient
170-9 administration by the political subdivision that are found by the
170-10 retirement system to be necessary;
170-11 (5) provides that the political subdivision will:
170-12 (A) report information at a time and in a form
170-13 required by the retirement system; and
170-14 (B) comply with requirements of the retirement
170-15 system or federal authorities for the receipt, correctness, and
170-16 verification of reports; and
170-17 (6) specifies the personnel of the political
170-18 subdivision who are responsible for making assessments,
170-19 collections, and reports.
170-20 (c) The retirement system may not refuse to approve a
170-21 submitted plan unless the retirement system gives the submitting
170-22 political subdivision reasonable notice and an opportunity for a
170-23 hearing. (V.A.C.S. Art. 695g, Secs. 7 (part), 9 (part).)
170-24 Sec. 606.025. GUARANTEES FOR PAYMENT. The retirement system
170-25 by rule may require guarantees to create adequate security that a
170-26 political subdivision will be financially responsible for its
170-27 payments for at least the minimum period required by federal
171-1 requirements to precede social security coverage cancellation. The
171-2 guarantees may be in the form of:
171-3 (1) surety bonds;
171-4 (2) advance payments into an escrow account;
171-5 (3) detailed representations and assurances of
171-6 priority dedication; or
171-7 (4) another legal undertaking. (V.A.C.S. Art. 695g,
171-8 Sec. 7 (part).)
171-9 Sec. 606.026. CONTRIBUTIONS BY POLITICAL SUBDIVISION. (a)
171-10 The governing body of a political subdivision may make
171-11 contributions under an agreement to obtain social security
171-12 coverage.
171-13 (b) The maximum compensation provided by statute for a
171-14 county employee is not exceeded by the payment of a matching
171-15 contribution by a political subdivision to obtain social security
171-16 coverage for the employee.
171-17 (c) An instrumentality of the state that receives a direct
171-18 legislative appropriation may contribute, for employees covered
171-19 under Subtitle C, Title 8, only funds specifically appropriated for
171-20 social security coverage. (V.A.C.S. Art. 695g, Secs. 4 (part), 6
171-21 (part).)
171-22 Sec. 606.027. PROCEDURE FOR MAKING CONTRIBUTIONS. (a) In
171-23 accordance with state and federal requirements, a political
171-24 subdivision that has an approved plan for social security coverage
171-25 shall:
171-26 (1) make deductions from wages of employees whose
171-27 services are covered by the plan; and
172-1 (2) pay matching contributions from the funds from
172-2 which covered employees receive their compensation.
172-3 (b) The employment or continued employment of an employee
172-4 covered by an approved plan of a political subdivision is
172-5 consideration for the deductions.
172-6 (c) An employee or a political subdivision is not relieved
172-7 from liability for a contribution if the political subdivision
172-8 fails to deduct the contribution from the employee's wages.
172-9 (d) The county treasurer, or the person who acts as
172-10 treasurer in a political subdivision other than a county, shall
172-11 assess and collect the required contributions and transmit the
172-12 contributions in accordance with federal requirements for the
172-13 filing of reports and the payment of contributions. (V.A.C.S. Art.
172-14 695g, Secs. 6 (part), 8(a), (c), 9 (part).)
172-15 Sec. 606.028. ADMINISTRATIVE EXPENSES. (a) As agreed by
172-16 the retirement system and the governing body of a political
172-17 subdivision that has an approved plan, the retirement system shall
172-18 require the political subdivision to pay the subdivision's
172-19 proportionate share of the state administrative expenses for this
172-20 subchapter by:
172-21 (1) an annual fee for the political subdivision;
172-22 (2) an annual fee for each employee covered;
172-23 (3) an amount equal to a percentage of the
172-24 contributions made to federal authorities; or
172-25 (4) any other equitable measure.
172-26 (b) A political subdivision may make payment for
172-27 administrative expenses under this section from any available fund
173-1 not otherwise dedicated. (V.A.C.S. Art. 695g, Sec. 10 (part).)
173-2 Sec. 606.029. DELINQUENT PAYMENTS. (a) The retirement
173-3 system may require in an agreement with a political subdivision
173-4 that interest be paid on delinquent payments.
173-5 (b) The retirement system may bring suit to collect a
173-6 delinquent payment and interest on the payment.
173-7 (c) The retirement system may direct the comptroller or the
173-8 state treasurer to deduct a delinquent payment and interest from
173-9 funds payable by the state to the delinquent political subdivision
173-10 that are expressly subject to deduction. The comptroller or the
173-11 state treasurer shall send to the retirement system in trust the
173-12 amount deducted for the contribution of the delinquent political
173-13 subdivision. (V.A.C.S. Art. 695g, Sec. 11.)
173-14 Sec. 606.030. SOCIAL SECURITY ADMINISTRATION FUND. (a) The
173-15 social security administration fund is outside the treasury. The
173-16 state treasurer is the custodian of the fund and shall administer
173-17 the fund separately from other funds as directed by the retirement
173-18 system. Credits of money in the fund are not state funds or
173-19 subject to legislative appropriation.
173-20 (b) The retirement system shall deposit in the fund all
173-21 money collected for administrative expenses under Section 606.028.
173-22 (c) The comptroller shall issue warrants for disbursements
173-23 from the fund under sworn vouchers executed by the executive
173-24 director of the retirement system or a person designated by the
173-25 director.
173-26 (d) The fund may be used to pay:
173-27 (1) interest assessed as a penalty by the United
174-1 States secretary of the treasury because of delinquent payment of
174-2 contributions under this subchapter; or
174-3 (2) any expense necessary for the retirement system to
174-4 administer this subchapter.
174-5 (e) A salary or expenditure paid from the fund shall be
174-6 consistent with a comparable item in and the general provisions of
174-7 the General Appropriations Act.
174-8 (f) The retirement system, at the end of each fiscal year,
174-9 shall pay from the social security administration fund to the state
174-10 treasurer for deposit in the general revenue fund at least 10
174-11 percent of the contributions collected for administrative expenses
174-12 in the preceding year. Payment under this subsection may continue
174-13 only until the amount appropriated to the retirement system from
174-14 the state for administering this subchapter has been reimbursed in
174-15 full. (V.A.C.S. Art. 695g, Secs. 10 (part), 12(b), 13 (part).)
174-16 Sec. 606.031. EXPENDITURES. The retirement system may
174-17 employ personnel, purchase equipment, and make other expenditures
174-18 as necessary to administer this subchapter. (V.A.C.S. Art. 695g,
174-19 Sec. 13 (part).)
174-20 (Sections 606.032-606.060 reserved for expansion)
174-21 SUBCHAPTER C. COVERAGE FOR STATE EMPLOYEES
174-22 Sec. 606.061. DEFINITIONS. In this subchapter:
174-23 (1) "Employee tax" means the tax imposed by 26 U.S.C.
174-24 Section 3101.
174-25 (2) "Employment" means service performed by a state
174-26 employee except service:
174-27 (A) that in the absence of an agreement under
175-1 this subchapter would constitute employment under the Social
175-2 Security Act; or
175-3 (B) that under the Social Security Act may not
175-4 be included in an agreement between the retirement system and the
175-5 secretary.
175-6 (3) "State agency" means:
175-7 (A) a department, commission, board, office, or
175-8 other agency in the executive or legislative branch created by the
175-9 constitution or a statute of this state;
175-10 (B) the supreme court, the court of criminal
175-11 appeals, a court of appeals, or the Texas Judicial Council; or
175-12 (C) a university system or an institution of
175-13 higher education as defined by Section 61.003, Education Code.
175-14 (4) "State employee" includes an elected or appointed
175-15 state officer but does not include an individual who:
175-16 (A) is compensated by fees; or
175-17 (B) is in a position eligible for membership in
175-18 the Teacher Retirement System of Texas, unless the person is
175-19 employed by a state department, agency, or institution.
175-20 (5) "Wages" means all remuneration for employment,
175-21 including the cash value of all remuneration paid other than by
175-22 cash, except for remuneration that does not constitute "wages"
175-23 under the Federal Insurance Contributions Act. (V.A.C.S. Art.
175-24 695h, Secs. 1(a), (b), (c), (g) (part), (i).)
175-25 Sec. 606.062. DUTY OF EXECUTIVE DIRECTOR. The executive
175-26 director of the retirement system shall negotiate the best possible
175-27 contract for social security coverage for state employees.
176-1 (V.A.C.S. Art. 695h, Sec. 2 (part).)
176-2 Sec. 606.063. CONTRIBUTIONS BY STATE AGENCY. A state agency
176-3 may pay contributions on social security coverage of the agency's
176-4 state employees who are paid from the state treasury as required by
176-5 an agreement with the secretary from funds appropriated to the
176-6 comptroller for that purpose. A contribution made under this
176-7 section is not considered compensation to the employee under any
176-8 state law. (V.A.C.S. Art. 695h, Sec. 4 (part).)
176-9 Sec. 606.064. EMPLOYEE CONTRIBUTIONS BY STATE AGENCY. (a)
176-10 The state shall pay all contributions on wages for social security
176-11 coverage of a state employee except:
176-12 (1) as provided by Section 606.065; or
176-13 (2) the amount of the employee tax in excess of 5.85
176-14 percent of wages computed on a wage base of $16,500 in a calendar
176-15 year.
176-16 (b) The legislature may provide in the General
176-17 Appropriations Act for a state contribution in excess of the amount
176-18 provided in Subsection (a)(2).
176-19 (c) A state employee is obligated to pay only the difference
176-20 between the amount the legislature provides and the amount required
176-21 by federal law.
176-22 (d) The contribution made by the state shall be paid from
176-23 the same fund from which an employee receives compensation.
176-24 (e) The comptroller may prorate the state's expected
176-25 contribution for an employee's employee tax over the portion of the
176-26 calendar year that the employee's salary is subject to the Federal
176-27 Insurance Contributions Act to equalize the employee's monthly
177-1 contributions during the portion of the year that the employee's
177-2 salary is subject to Federal Insurance Contributions Act taxes.
177-3 (V.A.C.S. Art. 695h, Secs. 5(a) (part), (c), (d).)
177-4 Sec. 606.065. CONTRIBUTIONS FOR JUDGES. (a) A judge who is
177-5 paid by the state and for whom the retirement system and the
177-6 secretary have an agreement for social security coverage shall
177-7 contribute the entire amount of the employee tax, unless the
177-8 legislature provides in the General Appropriations Act for payment
177-9 at any rate and on any amount of the employee tax.
177-10 (b) If the state makes a contribution under Subsection (a):
177-11 (1) the judge is obligated to pay only the difference
177-12 between the amount the legislature provides and the amount required
177-13 by the Federal Insurance Contributions Act;
177-14 (2) the contribution shall be paid from the same fund
177-15 from which the judge receives compensation; and
177-16 (3) the comptroller may prorate the state's expected
177-17 contribution for an employee's tax over the portion of the calendar
177-18 year that the judge's salary is subject to the Federal Insurance
177-19 Contributions Act to equalize the judge's monthly contributions
177-20 during the portion of the year that the judge's salary is subject
177-21 to Federal Insurance Contributions Act taxes. (V.A.C.S. Art. 695h,
177-22 Secs. 5(a) (part), (b), (c), (d).)
177-23 Sec. 606.066. COLLECTION OF EMPLOYEE'S CONTRIBUTION. (a)
177-24 On the authorization of the head of a state agency, the disbursing
177-25 officer of the department shall deduct from each payroll of a state
177-26 employee with social security coverage the amount of the employee's
177-27 contribution paid by the employee under this subchapter. The total
178-1 amount deducted shall be paid in accordance with federal
178-2 requirements.
178-3 (b) The head of a state agency shall, for each payroll:
178-4 (1) certify to the comptroller in the manner
178-5 prescribed by the comptroller:
178-6 (A) the amount of a state employee's
178-7 contribution to be deducted from the employee's salary; and
178-8 (B) the total amount to be deducted from all
178-9 salaries; and
178-10 (2) include the total amount in the payroll voucher.
178-11 (c) If an amount less than the amount of the employee's
178-12 contribution under this subchapter is deducted from a state
178-13 employee's salary for the employee's contribution, the employee is
178-14 liable for the difference between the amount deducted and the
178-15 correct amount of the contribution. (V.A.C.S. Art. 695h, Secs.
178-16 6(a)(1) (part), (2) (part), (3).)
178-17 Sec. 606.067. COLLECTION OF STATE CONTRIBUTION FOR EMPLOYEES
178-18 PAID FROM TREASURY. (a) For a state employee who is paid from the
178-19 state treasury, the legislature shall appropriate, from the same
178-20 fund from which the employee is paid, an amount equal to the total
178-21 of the state's contributions under Section 606.063 and Section
178-22 606.064 or 606.065.
178-23 (b) The state agency shall certify at the end of each
178-24 payroll period to the comptroller in a manner prescribed by the
178-25 comptroller the total amount of the department's state
178-26 contributions for that period for employees paid from the state
178-27 treasury.
179-1 (c) A state agency having employees paid from the state
179-2 treasury shall include in the budget information the department
179-3 submits to the Legislative Budget Board and the budget division of
179-4 the governor's office a certification of the amount necessary to
179-5 pay contributions of the state for the following biennium. The
179-6 governor shall include this amount in the budget that the governor
179-7 submits to the legislature.
179-8 (d) All money appropriated to the comptroller for the
179-9 contributions of the state shall be allocated to the state agency
179-10 according to rules adopted by the comptroller. (V.A.C.S. Art.
179-11 695h, Secs. 6(b)(1) (part), (2), (3) (part).)
179-12 Sec. 606.068. COLLECTION OF STATE CONTRIBUTION FOR EMPLOYEES
179-13 NOT PAID FROM TREASURY. (a) For state employees who are paid from
179-14 funds not in the state treasury, the head of a state agency shall
179-15 certify to the department's disbursing officer the total amount of
179-16 the state's contributions based on compensation paid the employees.
179-17 (b) The disbursing officer of a state agency that has state
179-18 employees who are paid from funds not in the state treasury shall
179-19 pay the total amount of contributions of the state for employees in
179-20 accordance with federal requirements. (V.A.C.S. Art. 695h, Sec.
179-21 6(b)(4) (part).)
179-22 Sec. 606.069. METHOD OF MAKING CONTRIBUTIONS TO FEDERAL
179-23 GOVERNMENT. A state agency shall comply with federal requirements
179-24 for filing reports and paying contributions. (V.A.C.S. Art. 695h,
179-25 Sec. 6(c) (part).)
179-26 Sec. 606.070. RULES AND REPORTS. (a) The retirement system
179-27 may, as it finds necessary to the efficient administration of this
180-1 subchapter, adopt rules and require state agencies to file reports.
180-2 (b) The retirement system shall certify to the comptroller
180-3 any state agency that has not filed a required report within the
180-4 specified time.
180-5 (c) The comptroller shall withhold salary or expense
180-6 reimbursement warrants to the head or an employee of a state agency
180-7 that the retirement system certifies under Subsection (b). On
180-8 notification from the retirement system that the report has been
180-9 filed, the comptroller shall release the warrants.
180-10 (d) If a state agency whose employees are not paid from
180-11 funds in the state treasury is notified that a required report is
180-12 delinquent, the disbursing officer may not pay a salary or an
180-13 expense reimbursement. A disbursing officer is liable both
180-14 personally and on the officer's official bond if the officer pays a
180-15 salary or an expense reimbursement after notification of a
180-16 delinquent report by the retirement system. (V.A.C.S. Art. 695h,
180-17 Sec. 7.)
180-18 Sec. 606.071. EXPENDITURES. The retirement system may
180-19 employ personnel, including accountants and attorneys, purchase
180-20 equipment, and make other expenditures as necessary to administer
180-21 this subchapter. (V.A.C.S. Art. 695h, Sec. 9 (part).)
180-22 Sec. 606.072. BENEFITS FOR STATE EMPLOYEES UNDER BOTH STATE
180-23 AND FEDERAL LAW. A state employee may receive benefits under both
180-24 Chapters 811-815 and the Social Security Act. (V.A.C.S. Art. 695h,
180-25 Sec. 11.)
180-26 (Sections 606.073-606.100 reserved for expansion)
180-27 SUBCHAPTER D. COVERAGE FOR STATE EMPLOYEES PAID FROM FEDERAL FUNDS
181-1 Sec. 606.101. COVERAGE. Subchapter B applies to a state
181-2 employee or officer who is paid entirely from federal funds but is
181-3 classified as a state employee by the federal government.
181-4 (V.A.C.S. Art. 695g, Sec. 1(c) (part).)
181-5 CHAPTER 607. BENEFITS RELATING TO CERTAIN CONTAGIOUS DISEASES
181-6 Sec. 607.001. DEFINITION
181-7 Sec. 607.002. REIMBURSEMENT
181-8 Sec. 607.003. PHYSICIAN OF CHOICE
181-9 Sec. 607.004. PREVENTATIVE IMMUNIZATIONS AND VACCINATIONS
181-10 CHAPTER 607. BENEFITS RELATING TO CERTAIN CONTAGIOUS DISEASES
181-11 Sec. 607.001. DEFINITION. In this chapter, "public safety
181-12 employee" means a peace officer, fire fighter, or emergency medical
181-13 services employee of the state or a political subdivision of the
181-14 state. (V.A.C.S. Art. 1269t, Subsec. (a).)
181-15 Sec. 607.002. REIMBURSEMENT. A public safety employee who
181-16 is exposed to a contagious disease is entitled to reimbursement
181-17 from the employing governmental entity for reasonable medical
181-18 expenses incurred in treatment for the prevention of the disease
181-19 if:
181-20 (1) the disease is not an "ordinary disease of life"
181-21 as that term is used in the context of a workers' compensation
181-22 claim;
181-23 (2) the exposure to the disease occurs during the
181-24 course of the employment; and
181-25 (3) the employee requires preventative medical
181-26 treatment because of exposure to the disease. (V.A.C.S. Art.
181-27 1269t, Subsec. (b).)
182-1 Sec. 607.003. PHYSICIAN OF CHOICE. A public safety employee
182-2 who is exposed to a disease described by Section 607.002 is
182-3 entitled to be treated for the prevention of that disease by the
182-4 physician of the employee's choice. (V.A.C.S. Art. 1269t, Subsec.
182-5 (c).)
182-6 Sec. 607.004. PREVENTATIVE IMMUNIZATIONS AND VACCINATIONS.
182-7 (a) A certified fire fighter or other governmental employee who
182-8 operates an ambulance or who responds to emergency medical calls is
182-9 entitled to preventative immunization for any disease to which the
182-10 fire fighter or other governmental employee may be exposed in
182-11 performing official duties and for which immunization is possible.
182-12 (b) The employee and any member of the employee's immediate
182-13 family are entitled to vaccination for a contagious disease to
182-14 which the employee is exposed during the course of employment.
182-15 (c) The employing governmental entity may satisfy the
182-16 requirements of this section by:
182-17 (1) providing the immunization or vaccination without
182-18 charge; or
182-19 (2) reimbursing the employee for any necessary and
182-20 reasonable expenses incurred by the employee for the immunization
182-21 or vaccination. (V.A.C.S. Art. 1269t, Subsec. (d).)
182-22 CHAPTER 608. PAYROLL DEDUCTION FOR SAVINGS BONDS
182-23 Sec. 608.001. DEFINITIONS
182-24 Sec. 608.002. AUTHORIZATION FOR PAYROLL DEDUCTION
182-25 Sec. 608.003. WITHHOLDING; DEDUCTION FROM PAYROLL
182-26 Sec. 608.004. ISSUANCE OF WARRANT TO OFFICER OR EMPLOYEE
182-27 Sec. 608.005. ISSUANCE OF WARRANT TO DEPARTMENT ADMINISTRATOR
183-1 OR DISBURSING OFFICER
183-2 Sec. 608.006. FORM OF PAYROLL
183-3 Sec. 608.007. TRUST ACCOUNT
183-4 Sec. 608.008. PURCHASE OF SAVINGS BONDS
183-5 Sec. 608.009. RECORDS
183-6 Sec. 608.010. TERMINATION OF DEDUCTION
183-7 Sec. 608.011. NO LIABILITY ON OFFICIAL BOND
183-8 CHAPTER 608. PAYROLL DEDUCTION FOR SAVINGS BONDS
183-9 Sec. 608.001. DEFINITIONS. In this chapter:
183-10 (1) "Department administrator" means the chief
183-11 administrator of a department of state government of which an
183-12 individual executing an authorization is an officer or employee.
183-13 (2) "Disbursing officer" means the disbursing officer
183-14 of a political subdivision of which an individual executing an
183-15 authorization is an officer or employee.
183-16 (3) "Political subdivision" means a county,
183-17 municipality, or other political subdivision of this state.
183-18 (4) "Savings bonds" means United States savings bonds.
183-19 (New.)
183-20 Sec. 608.002. AUTHORIZATION FOR PAYROLL DEDUCTION. (a) An
183-21 officer or employee of this state or of a political subdivision may
183-22 voluntarily authorize the individual's department administrator or
183-23 disbursing officer, as appropriate, to deduct from the individual's
183-24 compensation an amount to be used to purchase savings bonds.
183-25 (b) An authorization must be in writing and must state:
183-26 (1) the period for which the authorization is to be in
183-27 effect; and
184-1 (2) the amount to be deducted. (V.A.C.S. Art. 6252-3,
184-2 Sec. 1 (part).)
184-3 Sec. 608.003. WITHHOLDING; DEDUCTION FROM PAYROLL. (a) A
184-4 department administrator or disbursing agent, as appropriate, may
184-5 withhold the amount authorized under Section 608.002 from an
184-6 individual's compensation each payday.
184-7 (b) If a withholding is made, the department administrator
184-8 or disbursing officer shall make a deduction when the payroll of a
184-9 state department or a political subdivision is presented to the
184-10 comptroller or disbursing officer, as appropriate, for the issuance
184-11 of warrants for payment. (V.A.C.S. Art. 6252-3, Sec. 1 (part).)
184-12 Sec. 608.004. ISSUANCE OF WARRANT TO OFFICER OR EMPLOYEE.
184-13 (a) When the payroll of a state department is presented to the
184-14 comptroller for payment, the comptroller shall issue to each
184-15 officer or employee named in the payroll a warrant for the full
184-16 amount of the officer's or employee's compensation, less:
184-17 (1) the amount deducted to purchase savings bonds; and
184-18 (2) the amount of other authorized deductions.
184-19 (b) When the payroll of a political subdivision is presented
184-20 to the disbursing officer for payment, the disbursing officer shall
184-21 issue to each officer or employee named in the payroll a warrant
184-22 for the full amount of the officer's or employee's compensation,
184-23 less:
184-24 (1) the amount deducted to purchase savings bonds; and
184-25 (2) the amount of other authorized deductions.
184-26 (V.A.C.S. Art. 6252-3, Sec. 2 (part).)
184-27 Sec. 608.005. ISSUANCE OF WARRANT TO DEPARTMENT
185-1 ADMINISTRATOR OR DISBURSING OFFICER. (a) When the payroll of a
185-2 state department is presented to the comptroller for payment, the
185-3 comptroller shall issue to the department administrator a warrant
185-4 for the full amount deducted from the department's payroll for the
185-5 payroll period to purchase savings bonds on behalf of department
185-6 officers and employees.
185-7 (b) When the payroll of a political subdivision is presented
185-8 to the disbursing officer for payment, the disbursing officer shall
185-9 issue to the disbursing officer a warrant for the full amount
185-10 deducted from the political subdivision's payroll for the payroll
185-11 period to purchase savings bonds on behalf of officers and
185-12 employees of the political subdivision. (V.A.C.S. Art. 6252-3,
185-13 Sec. 2 (part).)
185-14 Sec. 608.006. FORM OF PAYROLL. (a) The comptroller shall
185-15 prescribe the proper form of payroll for state officers and
185-16 employees to comply with this chapter.
185-17 (b) A disbursing officer shall prescribe the proper form of
185-18 payroll for officers and employees of the disbursing officer's
185-19 political subdivision to comply with this chapter. (V.A.C.S. Art.
185-20 6252-3, Sec. 2 (part).)
185-21 Sec. 608.007. TRUST ACCOUNT. (a) A department
185-22 administrator shall deposit a warrant issued under Section
185-23 608.005(a) with the state treasurer to be held in trust by the
185-24 treasurer until disbursed by the department administrator to
185-25 purchase savings bonds for an individual designated in an
185-26 authorization under Section 608.002 filed with the department
185-27 administrator.
186-1 (b) A disbursing officer shall deposit a warrant issued
186-2 under Section 608.005(b) with the treasurer of the political
186-3 subdivision to be held in trust by the treasurer until disbursed by
186-4 the disbursing officer to purchase savings bonds for an individual
186-5 designated in an authorization under Section 608.002 filed with the
186-6 disbursing officer.
186-7 (c) A warrant held in trust under this section shall be
186-8 deposited in an account designated as the savings bond payroll
186-9 savings account. The treasurer shall pay out money deposited in
186-10 the account on proper warrants drawn by the department
186-11 administrator or disbursing officer, as appropriate. (V.A.C.S.
186-12 Art. 6252-3, Sec. 2 (part).)
186-13 Sec. 608.008. PURCHASE OF SAVINGS BONDS. (a) A department
186-14 administrator and a disbursing officer shall use money deducted and
186-15 held in trust under this chapter to purchase savings bonds on
186-16 behalf of an individual who has executed an authorization under
186-17 Section 608.002, in the denomination designated and authorized in
186-18 the individual's authorization, when an amount sufficient to make a
186-19 purchase has been withheld.
186-20 (b) A department administrator or disbursing officer, on
186-21 receipt of a savings bond purchased under Subsection (a), shall
186-22 immediately deliver the bond to the individual entitled to it or
186-23 shall mail the bond to the address designated by the individual in
186-24 the authorization. (V.A.C.S. Art. 6252-3, Sec. 3 (part).)
186-25 Sec. 608.009. RECORDS. A department administrator and
186-26 disbursing officer shall keep records at all times, itemizing money
186-27 deducted and disbursed by the department administrator or
187-1 disbursing officer under this chapter. (V.A.C.S. Art. 6252-3, Sec.
187-2 3 (part).)
187-3 Sec. 608.010. TERMINATION OF DEDUCTION. (a) A department
187-4 administrator or disbursing officer shall stop deducting money
187-5 under this chapter from the compensation of an officer or employee
187-6 if:
187-7 (1) the individual stops being an officer or employee
187-8 of the department or political subdivision;
187-9 (2) the individual in writing notifies the department
187-10 administrator or disbursing officer that the individual elects to
187-11 cancel the authorization; or
187-12 (3) the arrangement for deducting money by department
187-13 administrators or disbursing officers is terminated.
187-14 (b) On termination as provided by Subsection (a), any money
187-15 that has been deducted from an officer's or employee's compensation
187-16 but has not been used to purchase savings bonds shall be remitted
187-17 immediately by proper warrant to the individual from whose
187-18 compensation the money has been deducted. (V.A.C.S. Art. 6252-3,
187-19 Sec. 4.)
187-20 Sec. 608.011. NO LIABILITY ON OFFICIAL BOND. A department
187-21 administrator or disbursing officer is not liable on a bond
187-22 required of the individual as an official because of a duty imposed
187-23 on the individual by this chapter. (V.A.C.S. Art. 6252-3, Sec. 5.)
187-24 CHAPTER 609. DEFERRED COMPENSATION PLANS
187-25 SUBCHAPTER A. GENERAL PROVISIONS
187-26 Sec. 609.001. DEFINITIONS
187-27 Sec. 609.002. QUALIFICATIONS FOR QUALIFIED VENDOR
188-1 Sec. 609.003. QUALIFIED INVESTMENT PRODUCT
188-2 Sec. 609.004. PERMISSIBLE USE OF PUBLIC FUNDS
188-3 Sec. 609.005. PLAN AS COMPENSATION
188-4 Sec. 609.006. CONFORMANCE TO OR CONFLICT WITH FEDERAL LAW
188-5 Sec. 609.007. CONTRACT FOR DEFERMENT OF COMPENSATION
188-6 Sec. 609.008. CREDITING TRUST FUND INTEREST
188-7 Sec. 609.009. OWNERSHIP UNDER 457 PLAN
188-8 Sec. 609.010. LIABILITY; RESPONSIBILITY FOR MONITORING
188-9 Sec. 609.011. NOTIFICATION BY 457 PLAN ADMINISTRATOR
188-10 Sec. 609.012. TRANSFER FROM A 457 PLAN VENDOR
188-11 Sec. 609.013. INABILITY TO DISTRIBUTE
188-12 (Sections 609.014-609.100 reserved for expansion)
188-13 SUBCHAPTER B. DEFERRED COMPENSATION PLANS FOR EMPLOYEES OF
188-14 POLITICAL SUBDIVISIONS
188-15 Sec. 609.101. DEFINITIONS
188-16 Sec. 609.102. CREATION OF PLAN
188-17 Sec. 609.103. DESIGNATION OF PLAN ADMINISTRATOR
188-18 Sec. 609.104. REMOVAL OF PLAN ADMINISTRATOR
188-19 Sec. 609.105. DELEGATION OF 401(k) PLAN ADMINISTRATOR'S
188-20 AUTHORITY AND RESPONSIBILITIES
188-21 Sec. 609.106. OVERSIGHT COMMITTEE
188-22 Sec. 609.107. AUTHORITY OF PLAN ADMINISTRATOR
188-23 Sec. 609.108. INVESTMENT AND TRANSFER OF DEFERRED AMOUNTS
188-24 AND INCOME
188-25 Sec. 609.109. PARTICIPATION OF INDEPENDENT CONTRACTORS
188-26 Sec. 609.110. CHANGING AMOUNT DEFERRED
188-27 Sec. 609.111. DISTRIBUTION
189-1 Sec. 609.112. FEE
189-2 Sec. 609.113. EVALUATION AND APPROVAL OF
189-3 QUALIFIED VENDOR
189-4 Sec. 609.114. NUMBER OF VENDORS UNDER 457 PLAN
189-5 Sec. 609.115. CONTRACT WITH QUALIFIED VENDOR
189-6 Sec. 609.116. REGULATION OF QUALIFIED VENDORS
189-7 Sec. 609.117. LOANS UNDER 401(k) PLAN
189-8 Sec. 609.118. TRUST FOR 401(k) PLAN
189-9 Sec. 609.119. TRANSFER ON VENDOR'S FAILURE
189-10 (Sections 609.120-609.500 reserved for expansion)
189-11 SUBCHAPTER C. DEFERRED COMPENSATION PLANS FOR EMPLOYEES OF
189-12 STATE AGENCIES
189-13 Sec. 609.501. DEFINITION
189-14 Sec. 609.502. CREATION OF PLAN; PARTICIPATION
189-15 Sec. 609.503. CHANGING AMOUNT DEFERRED
189-16 Sec. 609.504. INVESTMENT AND TRANSFER OF DEFERRED AMOUNTS
189-17 AND INCOME
189-18 Sec. 609.505. QUALIFIED VENDOR
189-19 Sec. 609.506. INSURANCE COMPANY AS QUALIFIED VENDOR
189-20 Sec. 609.507. FINANCIAL INSTITUTION AS QUALIFIED VENDOR
189-21 Sec. 609.508. RULES
189-22 Sec. 609.509. CONTRACTS FOR GOODS AND SERVICES
189-23 Sec. 609.510. EXEMPTION FOR CERTAIN CONTRACTS
189-24 Sec. 609.511. FEE
189-25 Sec. 609.512. DEFERRED COMPENSATION PLAN TRUST FUNDS
189-26 Sec. 609.513. DISCRETIONARY TRANSFER
189-27 Sec. 609.514. ALTERNATIVE TO FUND DEPOSIT
190-1 Sec. 609.515. FIDUCIARY INSURANCE
190-2 CHAPTER 609. DEFERRED COMPENSATION PLANS
190-3 SUBCHAPTER A. GENERAL PROVISIONS
190-4 Sec. 609.001. DEFINITIONS. In this chapter:
190-5 (1) "Board of trustees" means the board of trustees of
190-6 the Employees Retirement System of Texas.
190-7 (2) "Employee" means an individual who is an officer
190-8 or employee of a state agency or political subdivision, as
190-9 appropriate.
190-10 (3) "Investment income" means the amount earned from
190-11 the investment in a qualified investment product of compensation
190-12 deferred under a deferred compensation plan.
190-13 (4) "Participating employee" means an employee who
190-14 contracts to participate in a deferred compensation plan.
190-15 (5) "Plan administrator" means the person responsible
190-16 for administering a deferred compensation plan.
190-17 (6) "Political subdivision" means a governmental
190-18 entity in the state that is not a state agency and includes a
190-19 county, municipality, school district, river authority, other
190-20 special purpose district or authority, and junior college district.
190-21 (7) "Qualified vendor" means a vendor approved by a
190-22 plan administrator or with whom a plan administrator has contracted
190-23 for participation in the deferred compensation plan.
190-24 (8) "State agency" means a board, commission, office,
190-25 department, or other agency in the executive, judicial, or
190-26 legislative branch of state government, including an institution of
190-27 higher education as defined by Section 61.003, Education Code, but
191-1 does not include a public junior college.
191-2 (9) "Vendor" means a private entity that sells
191-3 investment products.
191-4 (10) "401(k) plan" means an employees' deferred
191-5 compensation plan, the federal income tax treatment of which is
191-6 governed by Section 401(k) of the Internal Revenue Code of 1986 (26
191-7 U.S.C. Section 401(k)).
191-8 (11) "457 plan" means an employees' deferred
191-9 compensation plan, the federal income tax treatment of which is
191-10 governed by Section 457 of the Internal Revenue Code of 1986 (26
191-11 U.S.C. Section 457). (V.A.C.S. Art. 6252-3g, Secs. 1.01(4), (5),
191-12 (6), (7), (9), (10), (11), (12), (14), 2.01(4), (5), (6), (7), (9),
191-13 (10), (12), (13), (15); New.)
191-14 Sec. 609.002. QUALIFICATIONS FOR QUALIFIED VENDOR. A vendor
191-15 may be a qualified vendor for a 457 plan or a 401(k) plan created
191-16 by a political subdivision or group of political subdivisions only
191-17 if the vendor satisfies the requirements for participation in the
191-18 deferred compensation plan provided by:
191-19 (1) this chapter; and
191-20 (2) the plan administrator. (V.A.C.S. Art. 6252-3g,
191-21 Secs. 1.22 (part), 2.05 (part).)
191-22 Sec. 609.003. QUALIFIED INVESTMENT PRODUCT. (a) To be
191-23 classified as a qualified investment product for a deferred
191-24 compensation plan, an investment product must be approved by the
191-25 plan administrator to receive investments under the plan. The
191-26 approval of an investment product for a 457 plan must be in
191-27 writing.
192-1 (b) The approval of an investment product for a 401(k) plan
192-2 of a political subdivision or group of political subdivisions must
192-3 be in accordance with a contract between the plan administrator and
192-4 a qualified vendor.
192-5 (c) A qualified investment product may be offered only by a
192-6 qualified vendor of the deferred compensation plan. (V.A.C.S.
192-7 Art. 6252-3g, Secs. 1.11(2), 1.31, 2.01(11), 2.04 (part).)
192-8 Sec. 609.004. PERMISSIBLE USE OF PUBLIC FUNDS. A deferred
192-9 compensation plan governed by this chapter is a permissible use of
192-10 the funds of a state agency or political subdivision. (V.A.C.S.
192-11 Art. 6252-3g, Secs. 1.02 (part), 2.02 (part).)
192-12 Sec. 609.005. PLAN AS COMPENSATION. (a) A deferred
192-13 compensation plan is a part of an employee's compensation and is in
192-14 addition to a retirement, pension, or benefit system established by
192-15 law.
192-16 (b) The deferral of compensation does not reduce retirement,
192-17 pension, or other benefits provided by law unless the reduction is
192-18 required by federal law. (V.A.C.S. Art. 6252-3g, Secs. 1.02
192-19 (part), 2.02 (part).)
192-20 Sec. 609.006. CONFORMANCE TO OR CONFLICT WITH FEDERAL LAW.
192-21 (a) A deferred compensation plan must conform to federal law to
192-22 provide that deferred amounts and investment income are not
192-23 includable, for federal income tax purposes, in the gross income of
192-24 a participating employee until distributed to the employee.
192-25 (b) Federal law controls to the extent that this chapter
192-26 materially conflicts with:
192-27 (1) Section 401(k), Internal Revenue Code of 1986 (26
193-1 U.S.C. Section 401(k));
193-2 (2) Section 457, Internal Revenue Code of 1986 (26
193-3 U.S.C. Section 457); or
193-4 (3) other federal law, including a federal rule
193-5 governing deferred compensation plans.
193-6 (c) For the purposes of Subsection (b), a conflict is
193-7 material only if, for federal income tax purposes, it is reasonably
193-8 certain to result in the inclusion of an employee's deferred
193-9 amounts or investment income in the employee's gross income before
193-10 the amounts or income are distributed to the employee.
193-11 (d) The board of trustees of the Employees Retirement System
193-12 of Texas may adopt rules necessary to make a deferred compensation
193-13 plan established under Subchapter C a qualified plan under federal
193-14 law, including federal rules and regulations. (V.A.C.S.
193-15 Art. 6252-3g, Secs. 1.03, 1.05, 1.48, 2.03, 2.11, 2.54.)
193-16 Sec. 609.007. CONTRACT FOR DEFERMENT OF COMPENSATION. (a)
193-17 A political subdivision may contract with an employee of the
193-18 political subdivision for the deferment of any part of the
193-19 employee's compensation.
193-20 (b) The board of trustees of the Employees Retirement System
193-21 of Texas may contract with an employee of a state agency
193-22 participating in a deferred compensation plan for the deferment of
193-23 any part of the employee's compensation.
193-24 (c) To participate in a deferred compensation plan, an
193-25 employee must consent in the contract to automatic payroll
193-26 deductions in an amount equal to the deferred amount. (V.A.C.S.
193-27 Art. 6252-3g, Secs. 1.16 (part), 1.42 (part), 2.25 (part), 2.50
194-1 (part).)
194-2 Sec. 609.008. CREDITING TRUST FUND INTEREST. Interest
194-3 earned on an employee's deferred amounts and investment income
194-4 deposited in the deferred compensation trust fund, as defined by
194-5 Section 609.101, or in the TexaSaver trust fund or the other
194-6 deferred compensation trust fund to which Section 609.512 applies
194-7 is credited to the employee. (V.A.C.S. Art. 6252-3g, Secs. 1.24,
194-8 1.45, 2.10.)
194-9 Sec. 609.009. OWNERSHIP UNDER 457 PLAN. An employee's
194-10 deferred amounts and investment income under a 457 plan and the
194-11 qualified investment products in which the amounts are invested are
194-12 the property of the employing political subdivision or state
194-13 agency, as appropriate, until the deferred amounts and investment
194-14 income are distributed to the employee. (V.A.C.S. Art. 6252-3g,
194-15 Sec. 2.06.)
194-16 Sec. 609.010. LIABILITY; RESPONSIBILITY FOR MONITORING. (a)
194-17 The board of trustees, a state agency, a political subdivision, a
194-18 plan administrator, or an employee of any of those persons is not
194-19 liable to a participating employee for the diminution in value or
194-20 loss of all or part of the participating employee's deferred
194-21 amounts or investment income because of market conditions or the
194-22 failure, insolvency, or bankruptcy of a qualified vendor.
194-23 (b) A participating employee is responsible for monitoring:
194-24 (1) the financial status of the qualified vendor in
194-25 whose products the employee's deferred amounts and investment
194-26 income are invested;
194-27 (2) market conditions; and
195-1 (3) the amount of the employee's deferred amounts and
195-2 investment income that is invested in the qualified vendor's
195-3 product. (V.A.C.S. Art. 6252-3g, Secs. 1.04, 2.07.)
195-4 Sec. 609.011. NOTIFICATION BY 457 PLAN ADMINISTRATOR. (a)
195-5 The plan administrator of a 457 plan may notify an employee
195-6 participating in the plan that the administrator believes that:
195-7 (1) a qualified vendor is having significant financial
195-8 difficulties; or
195-9 (2) the amount of the employee's deferred amounts and
195-10 investment income invested with a qualified vendor exceeds an
195-11 insured or guaranteed level.
195-12 (b) A plan administrator is not liable to an employee for a
195-13 loss resulting from the failure to notify the employee under this
195-14 section. (V.A.C.S. Art. 6252-3g, Sec. 2.08.)
195-15 Sec. 609.012. TRANSFER FROM A 457 PLAN VENDOR. The plan
195-16 administrator of a 457 plan may immediately transfer to the plan's
195-17 deferred compensation trust fund all deferred amounts and
195-18 investment income from a vendor who at any time fails to satisfy
195-19 the requirements of this chapter or the plan administrator.
195-20 Immediately after making the transfer, the plan administrator shall
195-21 give to each employee whose deferred amounts and investment income
195-22 were transferred a notice that states that:
195-23 (1) the vendor's investment products are ineligible to
195-24 receive additional deferred amounts;
195-25 (2) the amounts have been transferred from the vendor
195-26 to the deferred compensation trust fund; and
195-27 (3) the employee is required to promptly designate
196-1 another qualified investment product to receive the transferred
196-2 amount. (V.A.C.S. Art. 6252-3g, Sec. 2.05 (part).)
196-3 Sec. 609.013. INABILITY TO DISTRIBUTE. If a plan
196-4 administrator cannot distribute promptly an employee's deferred
196-5 amounts and investment income when a distribution is due and
196-6 permissible under federal law, the plan administrator shall deposit
196-7 the amount to be distributed in the deferred compensation trust
196-8 fund defined by Section 609.101 or described by Section 609.512, as
196-9 appropriate. (V.A.C.S. Art. 6252-3g, Secs. 1.23, 1.44, 2.09.)
196-10 (Sections 609.014-609.100 reserved for expansion)
196-11 SUBCHAPTER B. DEFERRED COMPENSATION PLANS FOR
196-12 EMPLOYEES OF POLITICAL SUBDIVISIONS
196-13 Sec. 609.101. DEFINITIONS. In this subchapter:
196-14 (1) "Deferred compensation plan" means a plan
196-15 established under this subchapter.
196-16 (2) "Deferred compensation trust fund" means the fund
196-17 in which deferred amounts and investment income of participating
196-18 employees are temporarily held.
196-19 (3) "Investment product" includes a life insurance
196-20 policy, fixed or variable rate annuity, mutual fund, certificate of
196-21 deposit, money market account, and passbook savings account.
196-22 (V.A.C.S. Art. 6252-3g, Secs. 1.01(3), 1.11(1), 2.01(3), 2.21;
196-23 New.)
196-24 Sec. 609.102. CREATION OF PLAN. (a) A political
196-25 subdivision may create and administer for its employees a 401(k)
196-26 plan under this subchapter.
196-27 (b) A political subdivision may create and administer for
197-1 its employees a 457 plan under this subchapter.
197-2 (c) A political subdivision may contract with other
197-3 political subdivisions to create a single deferred compensation
197-4 plan for their employees under Subsection (a) or (b). (V.A.C.S.
197-5 Art. 6252-3g, Secs. 1.01(2), 1.12, 1.15, 2.01(2), 2.22, 2.24.)
197-6 Sec. 609.103. DESIGNATION OF PLAN ADMINISTRATOR. (a) A
197-7 political subdivision that creates a deferred compensation plan
197-8 shall designate a plan administrator for the plan.
197-9 (b) Political subdivisions that create a single plan shall
197-10 designate jointly a plan administrator for the plan.
197-11 (c) A plan administrator may be an employee, a nonprofit
197-12 corporation, an individual, a trustee, a private entity, another
197-13 political subdivision, or an association of political subdivisions.
197-14 (V.A.C.S. Art. 6252-3g, Secs. 1.17(a), (b), (c), 2.26.)
197-15 Sec. 609.104. REMOVAL OF PLAN ADMINISTRATOR. A political
197-16 subdivision or group of political subdivisions that designates a
197-17 plan administrator may remove the plan administrator at any time
197-18 unless specifically provided otherwise by contract. (V.A.C.S. Art.
197-19 6252-3g, Secs. 1.18(b), 2.27(b).)
197-20 Sec. 609.105. DELEGATION OF 401(k) PLAN ADMINISTRATOR'S
197-21 AUTHORITY AND RESPONSIBILITIES. A plan administrator of a 401(k)
197-22 plan may delegate the administrator's authority and
197-23 responsibilities under this subchapter to another person.
197-24 (V.A.C.S. Art. 6252-3g, Sec. 1.17(d).)
197-25 Sec. 609.106. OVERSIGHT COMMITTEE. (a) A political
197-26 subdivision or group of political subdivisions that creates a
197-27 deferred compensation plan may direct and supervise the activities
198-1 of the plan administrator through an oversight committee.
198-2 (b) The political subdivision or group shall determine the
198-3 authority, activities, and composition of an oversight committee
198-4 created under this section. (V.A.C.S. Art. 6252-3g, Secs. 1.18(a),
198-5 (c) (part), 2.27(a), (c) (part).)
198-6 Sec. 609.107. AUTHORITY OF PLAN ADMINISTRATOR. (a) A plan
198-7 administrator shall execute necessary contracts for the
198-8 administration of the deferred compensation plan, subject to any
198-9 prior approval required by the political subdivision or group of
198-10 political subdivisions that created the plan.
198-11 (b) A plan administrator shall develop and implement
198-12 criteria and procedures for any matter not covered by this
198-13 subchapter that the plan administrator considers appropriate for
198-14 the operation of the deferred compensation plan. (V.A.C.S.
198-15 Art. 6252-3g, Secs. 1.18(c)(3), (11), 2.27(c)(4), (11).)
198-16 Sec. 609.108. INVESTMENT AND TRANSFER OF DEFERRED AMOUNTS
198-17 AND INCOME. The plan administrator shall:
198-18 (1) invest the deferred amounts and investment income
198-19 of a participating employee in the qualified investment products
198-20 designated by the employee; and
198-21 (2) transfer the deferred amounts and investment
198-22 income of a participating employee from one qualified investment
198-23 product to another on the employee's request. (V.A.C.S. Art.
198-24 6252-3g, Secs. 1.18(c)(1), (2), 2.04 (part), 2.27(c)(1), (2).)
198-25 Sec. 609.109. PARTICIPATION OF INDEPENDENT CONTRACTORS. (a)
198-26 The plan administrator shall determine whether a person who
198-27 provides services as an independent contractor to a political
199-1 subdivision that created the plan may participate in the deferred
199-2 compensation plan.
199-3 (b) For the purposes of Subchapter A and this subchapter, an
199-4 independent contractor that is authorized to participate in a
199-5 deferred compensation plan is treated as an employee of the
199-6 political subdivision creating the plan. (V.A.C.S. Art. 6252-3g,
199-7 Secs. 1.01(4) (part), 1.18(c)(10), 2.01(4) (part), 2.27(c)(10).)
199-8 Sec. 609.110. CHANGING AMOUNT DEFERRED. An employee may
199-9 change the amount to be deferred by notifying the plan
199-10 administrator of the change in accordance with the requirements of
199-11 the administrator. (V.A.C.S. Art. 6252-3g, Secs. 1.16 (part), 2.25
199-12 (part).)
199-13 Sec. 609.111. DISTRIBUTION. A plan administrator shall
199-14 develop and implement procedures for:
199-15 (1) the designation by a participating employee of a
199-16 beneficiary to receive the employee's deferred amounts and
199-17 investment income after the employee's death; and
199-18 (2) the distribution of a participating employee's
199-19 deferred amounts and investment income to the employee or the
199-20 employee's beneficiary, as appropriate, because of the employee's
199-21 death or termination of employment, a financial hardship, or
199-22 another reason permissible under federal law. (V.A.C.S. Art.
199-23 6252-3g, Secs. 1.18(c)(8), (9), 2.27(c)(8), (9).)
199-24 Sec. 609.112. FEE. (a) A political subdivision or group of
199-25 political subdivisions that creates a deferred compensation plan
199-26 may assess a fee for the administration of the plan against each
199-27 participating employee.
200-1 (b) The political subdivision or group of political
200-2 subdivisions shall determine the method for computing and assessing
200-3 the fee. (V.A.C.S. Art. 6252-3g, Secs. 1.14, 2.23.)
200-4 Sec. 609.113. EVALUATION AND APPROVAL OF QUALIFIED VENDOR.
200-5 (a) A plan administrator shall develop and implement criteria and
200-6 procedures for evaluating a vendor's application to become a
200-7 qualified vendor.
200-8 (b) A plan administrator may not approve a vendor's
200-9 application if the vendor is:
200-10 (1) a state or national bank or savings and loan
200-11 association, the deposits of which are not insured by the Federal
200-12 Deposit Insurance Corporation;
200-13 (2) a credit union, the deposits of which are not
200-14 insured by the National Credit Union Administration Board or the
200-15 Texas Share Guaranty Credit Union; or
200-16 (3) an insurance company that:
200-17 (A) is not a member of the Life, Accident,
200-18 Health, and Hospital Service Insurance Guaranty Association; or
200-19 (B) is an impaired or insolvent insurer under
200-20 Article 21.28-D, Insurance Code.
200-21 (c) On written request, the Texas Department of Insurance
200-22 shall certify in writing to a plan administrator whether an
200-23 insurance company is prohibited from being approved as a qualified
200-24 vendor under Subsection (b)(3). The plan administrator may rely on
200-25 the certification. (V.A.C.S. Art. 6252-3g, Secs. 1.18(c)(4), 1.19,
200-26 1.20, 2.27(c)(5), 2.28, 2.29, 2.31 (part).)
200-27 Sec. 609.114. NUMBER OF VENDORS UNDER 457 PLAN. The plan
201-1 administrator of a 457 plan shall determine the minimum and maximum
201-2 number of vendors that may be qualified vendors for the plan at any
201-3 given time. (V.A.C.S. Art. 6252-3g, Sec. 2.27(c)(3).)
201-4 Sec. 609.115. CONTRACT WITH QUALIFIED VENDOR. (a) After a
201-5 plan administrator approves an application of a vendor to become a
201-6 qualified vendor or, under a 401(k) plan, after the plan
201-7 administrator approves an application of a vendor to become a
201-8 qualified vendor and approves the vendor's investment products, the
201-9 plan administrator shall execute a written contract with the vendor
201-10 to participate in the deferred compensation plan.
201-11 (b) A plan administrator shall develop and implement
201-12 criteria and procedures for evaluating a qualified vendor's
201-13 investment products to determine whether those products are
201-14 acceptable as qualified investment products.
201-15 (c) A qualified vendor may offer to employees participating
201-16 in a 457 plan only qualified investment products. (V.A.C.S. Art.
201-17 6252-3g, Secs. 1.18(c)(6), 1.21, 2.27(c)(7), 2.30.)
201-18 Sec. 609.116. REGULATION OF QUALIFIED VENDORS. A plan
201-19 administrator shall develop and implement requirements for
201-20 qualified vendors and their employees concerning disclosure,
201-21 reporting, standards of conduct, solicitation, advertising,
201-22 relationships with participating employees, the nature and quality
201-23 of services provided to those employees, and other matters.
201-24 (V.A.C.S. Art. 6252-3g, Secs. 1.18(c)(5), 2.27(c)(6).)
201-25 Sec. 609.117. LOANS UNDER 401(k) PLAN. The plan
201-26 administrator of a 401(k) plan shall develop and implement
201-27 procedures to efficiently administer a program that allows a
202-1 qualified vendor to lend money to a participating employee.
202-2 (V.A.C.S. Art. 6252-3g, Sec. 1.18(c)(7).)
202-3 Sec. 609.118. TRUST FOR 401(k) PLAN. A political
202-4 subdivision or group of political subdivisions that creates a
202-5 401(k) plan may:
202-6 (1) establish a trust to hold deferred amounts and
202-7 investment income for the benefit of participating employees; and
202-8 (2) act as trustee of the trust. (V.A.C.S. Art.
202-9 6252-3g, Sec. 1.13.)
202-10 Sec. 609.119. TRANSFER ON VENDOR'S FAILURE. A political
202-11 subdivision or group of subdivisions that creates a deferred
202-12 compensation plan may authorize or require as a part of the plan
202-13 that the plan administrator immediately transfer to the deferred
202-14 compensation trust fund all deferred amounts and investment income
202-15 from a vendor who fails to satisfy the requirements of this
202-16 subchapter or the plan administrator. (V.A.C.S. Art. 6252-3g,
202-17 Secs. 1.22 (part), 2.31 (part).)
202-18 (Sections 609.120-609.500 reserved for expansion)
202-19 SUBCHAPTER C. DEFERRED COMPENSATION PLANS FOR
202-20 EMPLOYEES OF STATE AGENCIES
202-21 Sec. 609.501. DEFINITION. In this subchapter, "deferred
202-22 compensation plan" means a plan established under this subchapter.
202-23 (New.)
202-24 Sec. 609.502. CREATION OF PLAN; PARTICIPATION. (a) The
202-25 board of trustees of the Employees Retirement System of Texas is
202-26 the plan administrator of a 401(k) plan known as TexaSaver
202-27 established under this subchapter.
203-1 (b) The board of trustees is the plan administrator of a 457
203-2 plan established under this subchapter.
203-3 (c) The board of trustees shall administer all aspects of
203-4 each plan.
203-5 (d) The board of trustees may designate a person to assist
203-6 in the execution of the board's authority and responsibilities as
203-7 plan administrator.
203-8 (e) A state agency may participate in either or both plans.
203-9 (V.A.C.S. Art. 6252-3g, Secs. 1.01(2), 1.32, 1.35, 2.01(2), 2.41,
203-10 2.44.)
203-11 Sec. 609.503. CHANGING AMOUNT DEFERRED. An employee may
203-12 change the amount to be deferred by giving written notification of
203-13 the change to the board of trustees. (V.A.C.S. Art. 6252-3g, Secs.
203-14 1.42 (part), 2.50 (part).)
203-15 Sec. 609.504. INVESTMENT AND TRANSFER OF DEFERRED AMOUNTS
203-16 AND INCOME. After execution of a contract under Section 609.007,
203-17 the board of trustees shall:
203-18 (1) invest the deferred amounts and investment income
203-19 of the employee in the qualified investment products designated in
203-20 writing by the employee; and
203-21 (2) promptly transfer the deferred amounts and
203-22 investment income of the employee from one qualified investment
203-23 product to another on the employee's written request. (V.A.C.S.
203-24 Art. 6252-3g, Secs. 1.43, 2.04 (part), 2.51.)
203-25 Sec. 609.505. QUALIFIED VENDOR. (a) The board of trustees,
203-26 in accordance with rules adopted under this subchapter, may
203-27 contract with a qualified vendor to participate in a deferred
204-1 compensation plan.
204-2 (b) In a contract under Subsection (a), the board of
204-3 trustees may require the vendor to be audited annually by an
204-4 independent auditor paid by the vendor. (V.A.C.S. Art. 6252-3g,
204-5 Secs. 1.39, 2.48.)
204-6 Sec. 609.506. INSURANCE COMPANY AS QUALIFIED VENDOR. On
204-7 written request, the Texas Department of Insurance shall certify in
204-8 writing to the board of trustees whether an insurance company is
204-9 eligible to be a qualified vendor under rules adopted by the board.
204-10 The board is entitled to rely on the certification. (V.A.C.S. Art.
204-11 6252-3g, Secs. 1.38, 2.47.)
204-12 Sec. 609.507. FINANCIAL INSTITUTION AS QUALIFIED VENDOR.
204-13 (a) Each bank or savings and loan association that is a qualified
204-14 vendor shall:
204-15 (1) treat deferred amounts and investment income as
204-16 state funds; and
204-17 (2) comply with Chapter 404.
204-18 (b) The state treasurer shall monitor each bank or savings
204-19 and loan association that is a qualified vendor for compliance with
204-20 Chapter 404. The state treasurer shall immediately notify the
204-21 board of trustees of a violation of that chapter that the treasurer
204-22 observes.
204-23 (c) The board of trustees is entitled to rely on the
204-24 supervision of the state treasurer. (V.A.C.S. Art. 6252-3g, Secs.
204-25 1.37, 2.46.)
204-26 Sec. 609.508. RULES. The board of trustees may adopt rules,
204-27 including plans and procedures, and orders necessary to carry out
205-1 the purposes of this subchapter, including rules or orders relating
205-2 to:
205-3 (1) the selection and regulation of vendors for a
205-4 deferred compensation plan;
205-5 (2) the regulation of the practices of agents employed
205-6 by vendors;
205-7 (3) the disclosure of information concerning
205-8 investment products;
205-9 (4) the regulation of advertising materials to be used
205-10 by vendors; and
205-11 (5) the submission of financial information by a
205-12 vendor. (V.A.C.S. Art. 6252-3g, Secs. 1.36, 2.45.)
205-13 Sec. 609.509. CONTRACTS FOR GOODS AND SERVICES. (a) The
205-14 board of trustees may contract for necessary goods and consolidated
205-15 billing, accounting, and other services to be provided in
205-16 connection with a deferred compensation plan.
205-17 (b) In a contract under Subsection (a), the board of
205-18 trustees may provide for the board to audit periodically the person
205-19 with whom the contract is made. The audit may cover:
205-20 (1) the proper handling and accounting of state funds;
205-21 and
205-22 (2) other matters related to the proper performance of
205-23 the contract.
205-24 (c) The board of trustees may contract with a private entity
205-25 to conduct the audit under Subsection (b). (V.A.C.S. Art. 6252-3g,
205-26 Secs. 1.40, 2.49(a), (b).)
205-27 Sec. 609.510. EXEMPTION FOR CERTAIN CONTRACTS. A contract
206-1 authorized by Section 609.505 for TexaSaver or by Section 609.509
206-2 for either deferred compensation plan is exempt from:
206-3 (1) the State Purchasing and General Services Act
206-4 (Article 601b, Vernon's Texas Civil Statutes);
206-5 (2) Chapter 463; and
206-6 (3) Chapter 2254. (V.A.C.S. Art. 6252-3g, Secs. 1.41,
206-7 2.49(c).)
206-8 Sec. 609.511. FEE. (a) The board of trustees may assess a
206-9 fee against participating employees or qualified vendors, or both
206-10 the employees and the qualified vendors, in the manner and to the
206-11 extent it determines necessary to cover the costs of administering
206-12 the plan.
206-13 (b) The board of trustees shall determine the method for
206-14 computing and assessing a fee under this section. (V.A.C.S. Art.
206-15 6252-3g, Secs. 1.34(a), 2.43(a).)
206-16 Sec. 609.512. DEFERRED COMPENSATION PLAN TRUST FUNDS. (a)
206-17 The TexaSaver trust fund is in the state treasury. The fund is for
206-18 the benefit of TexaSaver.
206-19 (b) The deferred compensation trust fund is in the state
206-20 treasury. The fund is for the benefit of the deferred compensation
206-21 plan described by Section 609.502(a).
206-22 (c) The board of trustees shall administer each trust fund.
206-23 (d) Deferred amounts, fees collected under Section 609.511,
206-24 and state appropriations for the administration of a deferred
206-25 compensation plan shall be credited to the appropriate trust fund.
206-26 (e) The interest on and earnings of amounts in a trust fund
206-27 and the proceeds from the sale of investments shall be credited to
207-1 the fund.
207-2 (f) The amounts credited to a trust fund are available
207-3 without fiscal year limitation:
207-4 (1) to pay expenses for administering the deferred
207-5 compensation plan for which the trust fund was established; and
207-6 (2) to purchase qualified investment products for
207-7 participants of the appropriate plan.
207-8 (g) The board of trustees may establish accounts in a trust
207-9 fund that it considers necessary, including an account for the
207-10 administration of the deferred compensation plan for which the
207-11 trust fund was established.
207-12 (h) The board of trustees may transfer assets from one
207-13 account of a trust fund to another account of the fund for
207-14 financial management purposes if adequate arrangements are made to:
207-15 (1) reimburse the account from which the transfer is
207-16 made; and
207-17 (2) pay administrative expenses.
207-18 (i) The board of trustees may invest and reinvest money in a
207-19 trust fund subject only to the duty of care provided by Section
207-20 815.307 that would apply if the investments were being made for the
207-21 Employees Retirement System of Texas. (V.A.C.S. Art. 6252-3g,
207-22 Secs. 1.33, 1.34(b) (part), 2.42, 2.43(b).)
207-23 Sec. 609.513. DISCRETIONARY TRANSFER. (a) The board of
207-24 trustees may transfer an employee's deferred amounts and investment
207-25 income from a qualified investment product to the trust fund of the
207-26 deferred compensation plan in which the employee participates if
207-27 the board of trustees determines that the transfer is in the best
208-1 interest of the plan and the employee.
208-2 (b) The board of trustees is not required to give notice of
208-3 a transfer under Subsection (a) to the employee before the transfer
208-4 occurs.
208-5 (c) Promptly after a transfer under Subsection (a) occurs,
208-6 the board of trustees shall give to the employee a notice that:
208-7 (1) states the reason for the transfer; and
208-8 (2) requests that the employee promptly designate
208-9 another qualified investment product to receive the transferred
208-10 amount. (V.A.C.S. Art. 6252-3g, Secs. 1.46, 2.52.)
208-11 Sec. 609.514. ALTERNATIVE TO FUND DEPOSIT. Instead of
208-12 depositing deferred amounts and investment income in the trust fund
208-13 of the deferred compensation plan, the board of trustees may invest
208-14 them in a qualified investment product specifically designated by
208-15 the board for that purpose. (V.A.C.S. Art. 6252-3g, Secs. 1.47,
208-16 2.53.)
208-17 Sec. 609.515. FIDUCIARY INSURANCE. In the administration of
208-18 a deferred compensation plan, the board of trustees may purchase
208-19 liability insurance for the coverage of the trustees, employees,
208-20 and agents of the board in the amounts that the board, in its sole
208-21 discretion, considers reasonable and necessary. (V.A.C.S. Art.
208-22 6252-3g, Sec. 2.55.)
208-23 CHAPTER 610. CHILD CARE EXPENSE SALARY REDUCTIONS
208-24 SUBCHAPTER A. GENERAL PROVISIONS
208-25 Sec. 610.001. DEFINITIONS
208-26 Sec. 610.002. ELIGIBLE EXPENSES
208-27 (Sections 610.003-610.010 reserved for expansion)
209-1 SUBCHAPTER B. STATE EMPLOYEES
209-2 Sec. 610.011. SALARY REDUCTION AGREEMENTS FOR STATE
209-3 EMPLOYEES
209-4 Sec. 610.012. STATE EMPLOYEES PAID THROUGH COMPTROLLER
209-5 Sec. 610.013. STATE EMPLOYEES NOT PAID THROUGH COMPTROLLER
209-6 Sec. 610.014. RULES
209-7 (Sections 610.015-610.020 reserved for expansion)
209-8 SUBCHAPTER C. OTHER PUBLIC EMPLOYEES
209-9 Sec. 610.021. SALARY REDUCTION AGREEMENTS FOR SCHOOL DISTRICT
209-10 EMPLOYEES
209-11 CHAPTER 610. CHILD CARE EXPENSE SALARY REDUCTIONS
209-12 SUBCHAPTER A. GENERAL PROVISIONS
209-13 Sec. 610.001. DEFINITIONS. In this chapter:
209-14 (1) "School district" has the meaning assigned by
209-15 Section 11.13, Tax Code.
209-16 (2) "School district employee" means a person who
209-17 receives compensation for service performed, other than as an
209-18 independent contractor, for a school district.
209-19 (3) "State agency" means:
209-20 (A) a board, commission, department, office, or
209-21 other agency that is in the executive branch of state government
209-22 and that was created by the constitution or a statute of the state,
209-23 including an institution of higher education as defined by Section
209-24 61.003, Education Code;
209-25 (B) the legislature or a legislative agency; or
209-26 (C) the Supreme Court of Texas, the Texas Court
209-27 of Criminal Appeals, a court of appeals, or a state judicial
210-1 agency.
210-2 (4) "State employee" means:
210-3 (A) a person who receives compensation for
210-4 service performed, other than as an independent contractor, for a
210-5 state agency; or
210-6 (B) a district judge. (V.A.C.S. Art. 6252-3d,
210-7 Sec. 1.)
210-8 Sec. 610.002. ELIGIBLE EXPENSES. Child care expenses are
210-9 eligible for payment under a salary reduction agreement entered
210-10 into under this chapter only if the expenses meet the requirements
210-11 for exclusion from gross income as provided by Section 129 of the
210-12 federal Internal Revenue Code of 1986 (26 U.S.C. Section 129).
210-13 (V.A.C.S. Art. 6252-3d, Secs. 2(a) (part), 3 (part).)
210-14 (Sections 610.003-610.010 reserved for expansion)
210-15 SUBCHAPTER B. STATE EMPLOYEES
210-16 Sec. 610.011. SALARY REDUCTION AGREEMENTS FOR STATE
210-17 EMPLOYEES. (a) The state may enter into an agreement with a state
210-18 employee to reduce the employee's periodic compensation paid by the
210-19 state by an amount to be paid for child care expenses.
210-20 (b) A state employee may request the salary reduction
210-21 agreement by filing a written request for the reduction, on a form
210-22 prescribed by the comptroller, with the payroll officer of the
210-23 state agency with which the employee is employed.
210-24 (c) A state employee is entitled to select the recipient of
210-25 payments under the salary reduction agreement. (V.A.C.S. Art.
210-26 6252-3d, Secs. 2(a) (part), (e).)
210-27 Sec. 610.012. STATE EMPLOYEES PAID THROUGH COMPTROLLER. (a)
211-1 The payroll officer of a state agency having employees who are paid
211-2 by warrant issued by the comptroller shall send to the comptroller
211-3 a copy of each request filed by an employee of the agency under
211-4 Section 610.011.
211-5 (b) If the comptroller determines that an employee's request
211-6 meets the applicable requirements for exclusion from gross income
211-7 for federal tax purposes, the comptroller, on the state's behalf,
211-8 shall enter into a salary reduction agreement with the requesting
211-9 employee.
211-10 (c) The comptroller shall make payments in the amount by
211-11 which an employee's compensation is reduced in the manner specified
211-12 by the employee's salary reduction agreement. (V.A.C.S. Art.
211-13 6252-3d, Sec. 2(c).)
211-14 Sec. 610.013. STATE EMPLOYEES NOT PAID THROUGH COMPTROLLER.
211-15 (a) The payroll officer of a state agency having employees who are
211-16 not paid by warrant issued by the comptroller may enter into a
211-17 salary reduction agreement with a requesting employee of the
211-18 agency.
211-19 (b) A payroll officer who enters into the salary reduction
211-20 agreement shall make payments in the amount by which an employee's
211-21 compensation is reduced in the manner specified by the agreement.
211-22 (c) A payroll officer's actions under this section are
211-23 subject to applicable rules adopted by the comptroller under this
211-24 subchapter. (V.A.C.S. Art. 6252-3d, Sec. 2(d).)
211-25 Sec. 610.014. RULES. The comptroller shall adopt rules for
211-26 administering the program authorized by Section 610.011, including
211-27 rules for determining eligibility for exclusion from gross income
212-1 for federal tax purposes of amounts by which a state employee's
212-2 salary may be reduced. (V.A.C.S. Art. 6252-3d, Sec. 2(b).)
212-3 (Sections 610.015-610.020 reserved for expansion)
212-4 SUBCHAPTER C. OTHER PUBLIC EMPLOYEES
212-5 Sec. 610.021. SALARY REDUCTION AGREEMENTS FOR SCHOOL
212-6 DISTRICT EMPLOYEES. (a) The governing body of a school district
212-7 may authorize a school district employee to enter into an agreement
212-8 with the school district to reduce the periodic compensation paid
212-9 the employee by the school district by an amount to be paid for
212-10 child care expenses.
212-11 (b) The governing body of a school district may adopt rules
212-12 for participating in and administering the program authorized by
212-13 this section. (V.A.C.S. Art. 6252-3d, Sec. 3 (part).)
212-14 CHAPTER 611. LODGING, MEAL, AND TRAVEL REIMBURSEMENT
212-15 Sec. 611.001. LODGING AND MEAL EXPENSES
212-16 Sec. 611.002. COMMON CARRIER FARES
212-17 CHAPTER 611. LODGING, MEAL, AND TRAVEL REIMBURSEMENT
212-18 Sec. 611.001. LODGING AND MEAL EXPENSES. (a) An officer or
212-19 employee of the state or of a political subdivision, including any
212-20 special-purpose district or authority, may be reimbursed with
212-21 public funds for lodging or meal expenses only to the extent the
212-22 expenses are reasonable and necessary under guidelines issued by
212-23 the Texas Ethics Commission.
212-24 (b) This section does not apply if the expenses are
212-25 restricted by other law. (V.A.C.S. Art. 6823b, Sec. 1.)
212-26 Sec. 611.002. COMMON CARRIER FARES. An officer or employee
212-27 described by Section 611.001 may not be reimbursed for
213-1 transportation expenses on a common carrier in an amount exceeding
213-2 the lowest available fare. (V.A.C.S. Art. 6823b, Sec. 2.)
213-3 CHAPTER 612. LIABILITY INSURANCE
213-4 Sec. 612.001. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE
213-5 OFFICERS AND FIRE FIGHTERS
213-6 Sec. 612.002. LIABILITY INSURANCE FOR CERTAIN STATE
213-7 EMPLOYEES
213-8 Sec. 612.003. LIABILITY INSURANCE FOR CERTAIN STATE PROGRAMS
213-9 CHAPTER 612. LIABILITY INSURANCE
213-10 Sec. 612.001. Motor Vehicle Liability Insurance for Peace
213-11 Officers and Fire Fighters. (a) The state shall provide for
213-12 insuring each peace officer and fire fighter in its employ against
213-13 liability to third persons arising out of the operation,
213-14 maintenance, or use of a motor vehicle owned or leased by the
213-15 state.
213-16 (b) The liability coverage provided under this section must
213-17 be in amounts not less than those required by the Texas Motor
213-18 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
213-19 Civil Statutes) to provide proof of financial responsibility.
213-20 (c) The state may elect to be self-insured or to reimburse
213-21 the actual cost of an extended automobile liability insurance
213-22 endorsement obtained by a peace officer or fire fighter on an
213-23 individually owned automobile liability insurance policy. The
213-24 extended endorsement must:
213-25 (1) be in the amount required by Subsection (b); and
213-26 (2) extend the coverage to include the operation and
213-27 use of vehicles by a peace officer or fire fighter in the scope of
214-1 the officer's or fire fighter's employment.
214-2 (d) If the reimbursement method is used, the state may
214-3 require a peace officer or fire fighter who operates and uses a
214-4 motor vehicle to present proof that an extended coverage
214-5 endorsement has been purchased and is in effect for the period of
214-6 reimbursement.
214-7 (e) In this section, "motor vehicle" means any motor vehicle
214-8 for which motor vehicle automobile insurance may be written under
214-9 Subchapter A, Chapter 5, Insurance Code. (V.A.C.S. Art. 999e.)
214-10 Sec. 612.002. LIABILITY INSURANCE FOR CERTAIN STATE
214-11 EMPLOYEES. (a) A state agency that owns and operates a motor
214-12 vehicle, an item of power equipment, an aircraft, or a motorboat or
214-13 other watercraft of any type or size may insure its employees
214-14 against liability arising out of the operation, maintenance, or use
214-15 of the motor vehicle, item of power equipment, aircraft, or
214-16 motorboat or other watercraft.
214-17 (b) A state agency that elects to provide insurance under
214-18 this section shall purchase one or more policies from a liability
214-19 insurance company authorized to transact business in this state.
214-20 The liability insurance purchased under this section must be
214-21 provided on policy forms approved by the State Board of Insurance
214-22 as to form and by the attorney general as to liability coverage.
214-23 (c) An employee of a state agency that elects not to insure
214-24 its employees against liability under Subsection (a) is entitled to
214-25 reimbursement, from maintenance funds of the agency, for any amount
214-26 spent by the employee for liability insurance that is required by
214-27 the agency.
215-1 (d) The comptroller shall provide forms for claims of
215-2 employee reimbursement under Subsection (c). The forms shall
215-3 require a certification from the head of the state agency that:
215-4 (1) a regular part of the employee's duties is the
215-5 operation of a state-owned motor vehicle, item of power equipment,
215-6 aircraft, or motorboat or other watercraft; and
215-7 (2) the agency requires the employee to maintain
215-8 liability insurance as a prerequisite to the operation of a
215-9 state-owned motor vehicle, item of power equipment, aircraft, or
215-10 motorboat or other watercraft.
215-11 (e) This section does not waive state immunity from
215-12 liability for the torts of negligence of its employees.
215-13 (f) In this section:
215-14 (1) "Employee" includes an officer of a state agency.
215-15 (2) "State agency" means an agency, a department,
215-16 board, commission, or other entity in the executive, legislative,
215-17 or judicial branch of state government. (V.A.C.S. Art. 6252-19a,
215-18 Secs. 1 (part), 2-5; New.)
215-19 Sec. 612.003. LIABILITY INSURANCE FOR CERTAIN STATE
215-20 PROGRAMS. (a) A state agency that receives federal grant funds
215-21 for a foster grandparent program may spend those funds to insure
215-22 the persons and property of the foster grandparents as required by
215-23 the grant.
215-24 (b) A state agency that operates an integrated day-care
215-25 program that serves children with mental illness or developmental
215-26 disabilities or who participate in an early childhood intervention
215-27 program, as well as other children, may purchase insurance to cover
216-1 liability arising from the operation of the program. (V.A.C.S.
216-2 Art. 6252-19a, Sec. 1 (part).)
216-3 CHAPTER 613. REEMPLOYMENT FOLLOWING MILITARY SERVICE
216-4 SUBCHAPTER A. REEMPLOYMENT
216-5 Sec. 613.001. DEFINITIONS
216-6 Sec. 613.002. REEMPLOYMENT TO SAME POSITION FOLLOWING
216-7 MILITARY SERVICE
216-8 Sec. 613.003. REEMPLOYMENT TO ANOTHER POSITION FOLLOWING
216-9 MILITARY SERVICE
216-10 Sec. 613.004. APPLICATION FOR REEMPLOYMENT
216-11 Sec. 613.005. DISCHARGE FOLLOWING REEMPLOYMENT
216-12 Sec. 613.006. ENTITLEMENT TO RETIREMENT OR OTHER BENEFITS
216-13 (Sections 613.007-613.020 reserved for expansion)
216-14 SUBCHAPTER B. ENFORCEMENT
216-15 Sec. 613.021. COMPLIANCE WITH LAW; HEARING
216-16 Sec. 613.022. DISTRICT ATTORNEY
216-17 Sec. 613.023. COURT COSTS AND FEES
216-18 CHAPTER 613. REEMPLOYMENT FOLLOWING MILITARY SERVICE
216-19 SUBCHAPTER A. REEMPLOYMENT
216-20 Sec. 613.001. DEFINITIONS. In this subchapter:
216-21 (1) "Local governmental entity" means a county,
216-22 municipality, or other political subdivision of this state.
216-23 (2) "Military service" means service as a member of:
216-24 (A) the Armed Forces of the United States;
216-25 (B) the Texas National Guard;
216-26 (C) the Texas State Guard; or
216-27 (D) a reserve component of the Armed Forces of
217-1 the United States.
217-2 (3) "Public employee" means an employee of the state,
217-3 a state institution, or a local governmental entity. The term does
217-4 not include a temporary employee, an elected official, or an
217-5 individual serving under an appointment that requires confirmation
217-6 by the senate. (New.)
217-7 Sec. 613.002. REEMPLOYMENT TO SAME POSITION FOLLOWING
217-8 MILITARY SERVICE. (a) A public employee who leaves a state
217-9 position or a position with a local governmental entity to enter
217-10 active military service is entitled to be reemployed:
217-11 (1) by the state or the local governmental entity;
217-12 (2) in the same department, office, commission, or
217-13 board of this state, a state institution, or local governmental
217-14 entity in which the employee was employed at the time of the
217-15 employee's induction or enlistment in, or order to, active military
217-16 service; and
217-17 (3) in:
217-18 (A) the same position held at the time of the
217-19 induction, enlistment, or order; or
217-20 (B) a position of similar seniority, status, and
217-21 pay.
217-22 (b) To be entitled to reemployment under Subsection (a), the
217-23 employee must be:
217-24 (1) discharged, separated, or released from active
217-25 military service under honorable conditions not later than the
217-26 fifth anniversary of the date of induction, enlistment, or call to
217-27 active military service; and
218-1 (2) physically and mentally qualified to perform the
218-2 duties of that position. (V.A.C.S. Art. 6252-4a, Sec. 1.)
218-3 Sec. 613.003. REEMPLOYMENT TO ANOTHER POSITION FOLLOWING
218-4 MILITARY SERVICE. A public employee who cannot perform the duties
218-5 of a position to which the employee is otherwise entitled under
218-6 Section 613.002 because of a disability the employee sustained
218-7 during military service is entitled to be reemployed in the
218-8 department, office, commission, or board of the state, a state
218-9 institution, or a local governmental entity in a position that the
218-10 employee can perform and that has:
218-11 (1) like seniority, status, and pay as the former
218-12 position; or
218-13 (2) the nearest possible seniority, status, and pay to
218-14 the former position. (V.A.C.S. Art. 6252-4a, Sec. 2.)
218-15 Sec. 613.004. APPLICATION FOR REEMPLOYMENT. (a) A veteran
218-16 eligible for reemployment under this chapter must apply for
218-17 reemployment not later than the 90th day after the date the veteran
218-18 is discharged or released from active military service.
218-19 (b) An application for reemployment must:
218-20 (1) be made to the head of the department, office,
218-21 commission, or board of this state, the state institution, or the
218-22 local governmental entity that employed the veteran before the
218-23 veteran entered military service;
218-24 (2) be in writing; and
218-25 (3) have attached to it evidence of the veteran's
218-26 discharge, separation, or release from military service under
218-27 honorable conditions. (V.A.C.S. Art. 6252-4a, Sec. 4.)
219-1 Sec. 613.005. DISCHARGE FOLLOWING REEMPLOYMENT. An
219-2 individual reemployed under this chapter may not be discharged from
219-3 the position without cause before the first anniversary of the date
219-4 of reemployment. (V.A.C.S. Art. 6252-4a, Sec. 3 (part).)
219-5 Sec. 613.006. ENTITLEMENT TO RETIREMENT OR OTHER BENEFITS.
219-6 An individual reemployed under this chapter is considered to have
219-7 been on furlough or leave of absence during the time the individual
219-8 was in military service and may participate in retirement or other
219-9 benefits to which a public employee is or may be entitled.
219-10 (V.A.C.S. Art. 6252-4a, Sec. 3 (part).)
219-11 (Sections 613.007-613.020 reserved for expansion)
219-12 SUBCHAPTER B. ENFORCEMENT
219-13 Sec. 613.021. COMPLIANCE WITH LAW; HEARING. (a) If a
219-14 public official fails to comply with a provision of Subchapter A, a
219-15 district court in the district in which the individual is a public
219-16 official may require the public official to comply with the
219-17 provision on the filing of a motion, petition, or other appropriate
219-18 pleading by an individual entitled to a benefit under the
219-19 provision.
219-20 (b) The court shall order a speedy hearing and shall advance
219-21 the hearing on the calendar. (V.A.C.S. Art. 6252-4a, Sec. 5
219-22 (part).)
219-23 Sec. 613.022. DISTRICT ATTORNEY. On application to the
219-24 district attorney of the appropriate district by an individual who
219-25 the district attorney reasonably believes is entitled to the
219-26 benefit of a provision of Subchapter A, the district attorney
219-27 shall:
220-1 (1) appear and act as attorney for the individual in
220-2 an amicable adjustment of the claim; or
220-3 (2) file or prosecute a motion, petition, or other
220-4 appropriate pleading to specifically require compliance with the
220-5 provision. (V.A.C.S. Art. 6252-4a, Sec. 5 (part).)
220-6 Sec. 613.023. COURT COSTS AND FEES. A person applying for
220-7 benefits under Subchapter A may not be charged court costs or fees
220-8 for a claim, motion, petition, or other pleading filed under
220-9 Section 613.021. (V.A.C.S. Art. 6252-4a, Sec. 5 (part).)
220-10 CHAPTER 614. PEACE OFFICERS AND FIRE FIGHTERS
220-11 SUBCHAPTER A. LEGISLATIVE LEAVE FOR PEACE OFFICER OR FIRE FIGHTER
220-12 Sec. 614.001. DEFINITIONS
220-13 Sec. 614.002. APPLICABILITY OF SUBCHAPTER
220-14 Sec. 614.003. ENTITLEMENT TO LEGISLATIVE LEAVE
220-15 Sec. 614.004. ELIGIBILITY FOR LEGISLATIVE LEAVE
220-16 Sec. 614.005. MONEY REQUIRED TO OFFSET COSTS OF LEGISLATIVE
220-17 LEAVE
220-18 Sec. 614.006. EMPLOYER TO GRANT LEGISLATIVE LEAVE;
220-19 EXCEPTIONS
220-20 Sec. 614.007. INSUFFICIENCY IN NUMBER OF EMPLOYEES; EXCHANGE OF
220-21 TIME BY OTHER EMPLOYEES
220-22 Sec. 614.008. LEGISLATIVE LEAVE NOT A BREAK IN SERVICE
220-23 Sec. 614.009. LEGISLATIVE LEAVE TO ATTEND SESSION OF
220-24 CONGRESS
220-25 Sec. 614.010. EMPLOYEES' ASSOCIATION MAY NOT REIMBURSE CERTAIN
220-26 COSTS
220-27 (Sections 614.011-614.020 reserved for expansion)
221-1 SUBCHAPTER B. COMPLAINT AGAINST LAW ENFORCEMENT OFFICER OR
221-2 FIRE FIGHTER
221-3 Sec. 614.021. APPLICABILITY OF SUBCHAPTER
221-4 Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY
221-5 COMPLAINANT
221-6 Sec. 614.023. COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR
221-7 EMPLOYEE
221-8 (Sections 614.024-614.040 reserved for expansion)
221-9 SUBCHAPTER C. PROHIBITION AGAINST COLLECTING DEBT FOR ANOTHER
221-10 Sec. 614.041. COLLECTING DEBT FOR ANOTHER; OFFENSE
221-11 (Sections 614.042-614.050 reserved for expansion)
221-12 SUBCHAPTER D. PURCHASE OF AGENCY-ISSUED FIREARM OF HONORABLY
221-13 RETIRED OR DECEASED PEACE OFFICER
221-14 Sec. 614.051. PURCHASE OF FIREARM BY HONORABLY RETIRED PEACE
221-15 OFFICER
221-16 Sec. 614.052. PURCHASE OF FIREARM BY SURVIVING SPOUSE, CHILD, OR
221-17 PARENT OF DECEASED PEACE OFFICER
221-18 Sec. 614.053. PURCHASE PRICE OF FIREARM
221-19 Sec. 614.054. WHEN FIREARM MAY BE PURCHASED FROM STATE AGENCY;
221-20 DELAY OF SALE BY AGENCY
221-21 CHAPTER 614. PEACE OFFICERS AND FIRE FIGHTERS
221-22 SUBCHAPTER A. LEGISLATIVE LEAVE FOR PEACE OFFICER OR FIRE FIGHTER
221-23 Sec. 614.001. DEFINITIONS. In this subchapter:
221-24 (1) "Employer" means the governmental entity that
221-25 employs or appoints a peace officer or fire fighter or that the
221-26 peace officer or fire fighter is elected to serve.
221-27 (2) "Fire fighter" means a member of a fire department
222-1 who performs a function listed in Section 143.003(4), Local
222-2 Government Code, without regard to whether the individual is
222-3 subject to a civil service system or program.
222-4 (3) "Peace officer" means an individual elected,
222-5 appointed, or employed to serve as a peace officer for a
222-6 governmental entity under Article 2.12, Code of Criminal Procedure,
222-7 or other law. (V.A.C.S. Art. 6252-4c, Sec. 2.)
222-8 Sec. 614.002. APPLICABILITY OF SUBCHAPTER. This subchapter
222-9 applies only to a peace officer or fire fighter employed by:
222-10 (1) the state;
222-11 (2) a municipality with a population of 200,000 or
222-12 more; or
222-13 (3) a county with a population of 500,000 or more.
222-14 (V.A.C.S. Art. 6252-4c, Sec. 1.)
222-15 Sec. 614.003. ENTITLEMENT TO LEGISLATIVE LEAVE. A peace
222-16 officer or fire fighter is entitled as provided by this subchapter
222-17 to legislative leave to serve in, appear before, or petition a
222-18 governmental body during a regular or special session of the body.
222-19 (V.A.C.S. Art. 6252-4c, Sec. 3(a).)
222-20 Sec. 614.004. ELIGIBILITY FOR LEGISLATIVE LEAVE. (a) To be
222-21 eligible for legislative leave, a peace officer or fire fighter
222-22 must submit a written application to the individual's employer on
222-23 or before the 30th day before the date the individual intends to
222-24 begin the legislative leave.
222-25 (b) The application must state the length of the requested
222-26 leave and that the peace officer or fire fighter is willing to
222-27 reimburse the employer for any wages, pension, or other costs the
223-1 employer will incur as a result of the leave.
223-2 (c) The length of requested leave may not exceed the length
223-3 of the session. (V.A.C.S. Art. 6252-4c, Sec. 3(b).)
223-4 Sec. 614.005. MONEY REQUIRED TO OFFSET COSTS OF LEGISLATIVE
223-5 LEAVE. (a) An employer may require reimbursement of all costs
223-6 associated with legislative leave under this subchapter.
223-7 (b) Within 30 days after the date an employer receives an
223-8 application, the employer shall notify the peace officer or fire
223-9 fighter in writing of the actual amount of money required to offset
223-10 the costs the employer will incur.
223-11 (c) An employer may require a peace officer or fire fighter
223-12 to post the money before granting the leave.
223-13 (d) A peace officer or fire fighter shall give to the
223-14 employer a sworn statement identifying the source of the money
223-15 posted. (V.A.C.S. Art. 6252-4c, Secs. 3(c), (f) (part).)
223-16 Sec. 614.006. EMPLOYER TO GRANT LEGISLATIVE LEAVE;
223-17 EXCEPTIONS. An employer shall grant legislative leave to a peace
223-18 officer or fire fighter who submits an application as prescribed by
223-19 this subchapter and who complies with any requirement relating to
223-20 payment of costs:
223-21 (1) except in an emergency; or
223-22 (2) unless granting the leave will result in having an
223-23 insufficient number of employees to carry out the normal functions
223-24 of the employer. (V.A.C.S. Art. 6252-4c, Sec. 3(d).)
223-25 Sec. 614.007. INSUFFICIENCY IN NUMBER OF EMPLOYEES; EXCHANGE
223-26 OF TIME BY OTHER EMPLOYEES. (a) If an employer determines that
223-27 granting a legislative leave will result in having an insufficient
224-1 number of employees to carry out the normal functions of the
224-2 employer, another peace officer or fire fighter of equal rank may
224-3 volunteer to exchange time of work with the applicant if overtime
224-4 does not result.
224-5 (b) The employer shall allow a volunteer under Subsection
224-6 (a) to work for the applicant, and shall grant the legislative
224-7 leave, if overtime will not result and if the volunteer work will
224-8 result in having a sufficient number of employees. (V.A.C.S. Art.
224-9 6252-4c, Sec. 3(e).)
224-10 Sec. 614.008. LEGISLATIVE LEAVE NOT A BREAK IN SERVICE.
224-11 Legislative leave under this subchapter is not a break in service
224-12 for any purpose and is treated as any other paid leave, except as
224-13 provided by Section 614.005. (V.A.C.S. Art. 6252-4c, Sec. 3(f).)
224-14 Sec. 614.009. LEGISLATIVE LEAVE TO ATTEND SESSION OF
224-15 CONGRESS. Legislative leave granted under this subchapter to a
224-16 peace officer or fire fighter to attend a session of the Congress
224-17 of the United States shall be granted for not longer than 30
224-18 percent of the applicant's total annual working days during each
224-19 year in which leave is requested. (V.A.C.S. Art. 6252-4c, Sec.
224-20 3(g).)
224-21 Sec. 614.010. EMPLOYEES' ASSOCIATION MAY NOT REIMBURSE
224-22 CERTAIN COSTS. A peace officers' or fire fighters' association may
224-23 not reimburse a member of the legislature or an employer of a peace
224-24 officer or fire fighter who serves as a member of the legislature
224-25 for wages, pension contributions, or other costs incurred as a
224-26 result of legislative leave taken under this subchapter. (V.A.C.S.
224-27 Art. 6252-4c, Sec. 3(h).)
225-1 (Sections 614.011-614.020 reserved for expansion)
225-2 SUBCHAPTER B. COMPLAINT AGAINST LAW ENFORCEMENT OFFICER
225-3 OR FIRE FIGHTER
225-4 Sec. 614.021. APPLICABILITY OF SUBCHAPTER. This subchapter
225-5 applies only to a complaint against:
225-6 (1) a law enforcement officer of the State of Texas,
225-7 including an officer of the Department of Public Safety or of the
225-8 Texas Alcoholic Beverage Commission;
225-9 (2) a fire fighter who is not covered by a civil
225-10 service statute; or
225-11 (3) a police officer who is not covered by a civil
225-12 service statute. (V.A.C.S. Art. 6252-20 (part).)
225-13 Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY
225-14 COMPLAINANT. To be considered by the head of a state agency or by
225-15 the head of a fire or police department, the complaint must be:
225-16 (1) in writing; and
225-17 (2) signed by the person making the complaint.
225-18 (V.A.C.S. Art. 6252-20 (part).)
225-19 Sec. 614.023. COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR
225-20 EMPLOYEE. (a) A copy of a signed complaint against a law
225-21 enforcement officer, fire fighter, or police officer shall be given
225-22 to the officer or employee within a reasonable time after the
225-23 complaint is filed.
225-24 (b) Disciplinary action may not be taken against the officer
225-25 or employee unless a copy of the signed complaint is given to the
225-26 officer or employee. (V.A.C.S. Art. 6252-20 (part).)
225-27 (Sections 614.024-614.040 reserved for expansion)
226-1 SUBCHAPTER C. PROHIBITION AGAINST COLLECTING DEBT
226-2 FOR ANOTHER
226-3 Sec. 614.041. COLLECTING DEBT FOR ANOTHER; OFFENSE. (a) A
226-4 peace officer commits an offense if the officer:
226-5 (1) accepts for collection or undertakes the
226-6 collection of a claim for debt for another, unless the officer acts
226-7 under a law that prescribes the duties of the officer; or
226-8 (2) accepts compensation not prescribed by law for
226-9 accepting for collection or undertaking the collection of a claim
226-10 for debt for another.
226-11 (b) An offense under Subsection (a) is a misdemeanor
226-12 punishable by a fine of not less than $200 or more than $500.
226-13 (c) In addition to the fine, the peace officer may be
226-14 removed from office. (V.A.C.S. Art. 6252-24 (part).)
226-15 (Sections 614.042-614.050 reserved for expansion)
226-16 SUBCHAPTER D. PURCHASE OF AGENCY-ISSUED FIREARM OF HONORABLY
226-17 RETIRED OR DECEASED PEACE OFFICER
226-18 Sec. 614.051. PURCHASE OF FIREARM BY HONORABLY RETIRED PEACE
226-19 OFFICER. (a) An individual may purchase a firearm from a state
226-20 agency if:
226-21 (1) the individual was a peace officer commissioned by
226-22 the agency;
226-23 (2) the individual was honorably retired from the
226-24 individual's commission by the state;
226-25 (3) the firearm had been previously issued to the
226-26 individual by the agency; and
226-27 (4) the firearm is not a prohibited weapon under
227-1 Section 46.06, Penal Code.
227-2 (b) An individual may purchase only one firearm from a state
227-3 agency under this section. (V.A.C.S. Art. 4413(29aa-3), Sec. 1(a)
227-4 (part).)
227-5 Sec. 614.052. PURCHASE OF FIREARM BY SURVIVING SPOUSE,
227-6 CHILD, OR PARENT OF DECEASED PEACE OFFICER. (a) An individual
227-7 listed under Subsection (b) may purchase a firearm from a state
227-8 agency if:
227-9 (1) the firearm had been previously issued by the
227-10 agency to a peace officer commissioned by the agency who died while
227-11 commissioned, without regard to whether the officer died while
227-12 discharging the officer's official duties; and
227-13 (2) the firearm is not a prohibited weapon under
227-14 Section 46.06, Penal Code.
227-15 (b) Individuals who may purchase the firearm under
227-16 Subsection (a) are, in order of precedence:
227-17 (1) the surviving spouse of the deceased peace
227-18 officer;
227-19 (2) a child of the deceased peace officer; and
227-20 (3) a parent of the deceased peace officer. (V.A.C.S.
227-21 Art. 4413(29aa-3), Sec. 2.)
227-22 Sec. 614.053. PURCHASE PRICE OF FIREARM. A state agency
227-23 shall establish the amount, which may not exceed fair market value,
227-24 for which a firearm may be purchased under this subchapter.
227-25 (V.A.C.S. Art. 4413(29aa-3), Secs. 1(a) (part), 2 (part).)
227-26 Sec. 614.054. WHEN FIREARM MAY BE PURCHASED FROM STATE
227-27 AGENCY; DELAY OF SALE BY AGENCY. (a) Except as provided by
228-1 Subsection (b), an individual must purchase a firearm under Section
228-2 614.051 before the second anniversary of the date of the person's
228-3 retirement or under Section 614.052 before the second anniversary
228-4 of the date of the officer's death.
228-5 (b) A state agency that cannot immediately replace the
228-6 firearm may delay the sale of the firearm until the agency can
228-7 replace the firearm. (V.A.C.S. Art. 4413(29aa-3), Secs. 1(a)
228-8 (part), (b), 2 (part).)
228-9 CHAPTER 615. FINANCIAL ASSISTANCE TO SURVIVORS OF CERTAIN
228-10 LAW ENFORCEMENT OFFICERS, FIRE FIGHTERS, AND OTHERS
228-11 SUBCHAPTER A. GENERAL PROVISIONS
228-12 Sec. 615.001. DEFINITION
228-13 Sec. 615.002. ADMINISTRATION OF CHAPTER
228-14 Sec. 615.003. APPLICABILITY
228-15 Sec. 615.004. EFFECT OF AWARD
228-16 Sec. 615.005. ASSISTANCE NOT ASSIGNABLE; PAYMENTS EXEMPT
228-17 Sec. 615.006. DESIGNATION OF CUSTODIAL PERSONNEL
228-18 Sec. 615.007. CERTAIN VOLUNTEER FIRE-FIGHTING UNITS CONSIDERED
228-19 AGENTS OF POLITICAL SUBDIVISION
228-20 Sec. 615.008. CERTAIN POLICE RESERVE OR AUXILIARY UNITS
228-21 CONSIDERED AGENTS OF POLITICAL SUBDIVISION
228-22 (Sections 615.009-615.020 reserved for expansion)
228-23 SUBCHAPTER B. PAYMENTS TO ELIGIBLE SURVIVORS
228-24 Sec. 615.021. ELIGIBLE SURVIVORS
228-25 Sec. 615.022. PAYMENT TO SURVIVING SPOUSE
228-26 Sec. 615.023. PAYMENT TO SURVIVING MINOR CHILD
228-27 Sec. 615.024. PAYMENT TO SURVIVING DEPENDENT PARENT
229-1 Sec. 615.025. PAYMENT TO SURVIVING DEPENDENT SIBLING
229-2 (Sections 615.026-615.040 reserved for expansion)
229-3 SUBCHAPTER C. ADMINISTRATION AND PROCEDURE
229-4 Sec. 615.041. PROOF OF CLAIM
229-5 Sec. 615.042. AWARD AND PAYMENT OF ASSISTANCE
229-6 Sec. 615.043. DENIAL OF CLAIM
229-7 Sec. 615.044. APPEALS
229-8 CHAPTER 615. FINANCIAL ASSISTANCE TO SURVIVORS OF CERTAIN
229-9 LAW ENFORCEMENT OFFICERS, FIRE FIGHTERS, AND OTHERS
229-10 SUBCHAPTER A. GENERAL PROVISIONS
229-11 Sec. 615.001. DEFINITION. In this chapter, "minor child"
229-12 means a child who, on the date of the death of an individual listed
229-13 under Section 615.003, is younger than 21 years of age. (V.A.C.S.
229-14 Art. 6228f, Sec. 2(a) (part).)
229-15 Sec. 615.002. ADMINISTRATION OF CHAPTER. The board of
229-16 trustees of the Employees Retirement System of Texas shall
229-17 administer this chapter under rules adopted by the board.
229-18 (V.A.C.S. Art. 6228f, Sec. 4 (part).)
229-19 Sec. 615.003. APPLICABILITY. This chapter applies only to
229-20 eligible survivors of the following individuals:
229-21 (1) a peace officer as defined by Article 2.12, Code
229-22 of Criminal Procedure;
229-23 (2) a paid probation officer appointed by the director
229-24 of a community supervision and corrections department who has the
229-25 duties set out in Section 2 and the qualifications set out in
229-26 Section 5, Article 42.131, Code of Criminal Procedure, or who was
229-27 appointed in accordance with prior law;
230-1 (3) a parole officer employed by the pardons and
230-2 paroles division of the Texas Department of Criminal Justice who
230-3 has the duties set out in Section 2 and the qualifications set out
230-4 in Section 19, Article 42.18, Code of Criminal Procedure;
230-5 (4) a paid jailer;
230-6 (5) a member of an organized police reserve or
230-7 auxiliary unit who regularly assists peace officers in enforcing
230-8 criminal laws;
230-9 (6) a member of the class of employees of the
230-10 institutional division of the Texas Department of Criminal Justice
230-11 formally designated as custodial personnel under Section 615.006 by
230-12 the Texas Board of Criminal Justice or its predecessor in function;
230-13 (7) a jailer or guard of a county jail who is
230-14 appointed by the sheriff and who:
230-15 (A) performs a security, custodial, or
230-16 supervisory function over the admittance, confinement, or discharge
230-17 of prisoners; and
230-18 (B) is certified by the Texas Commission on Law
230-19 Enforcement Officer Standards and Education;
230-20 (8) a juvenile correctional employee of the Texas
230-21 Youth Commission;
230-22 (9) an employee of the maximum security unit of the
230-23 Texas Department of Mental Health and Mental Retardation;
230-24 (10) an individual who is employed by the state or a
230-25 political or legal subdivision and is subject to certification by
230-26 the Texas Commission on Fire Protection;
230-27 (11) an individual employed by the state or a
231-1 political or legal subdivision whose principal duties are aircraft
231-2 crash and rescue fire fighting;
231-3 (12) a member of an organized volunteer fire-fighting
231-4 unit that:
231-5 (A) renders fire-fighting services without
231-6 remuneration;
231-7 (B) consists of not fewer than 20 active
231-8 members, a majority of which are present at each meeting; and
231-9 (C) conducts a minimum of two drills each month,
231-10 each two hours long; or
231-11 (13) a game warden who is an employee of the state and
231-12 who receives full-time pay for the enforcement of game laws and
231-13 rules. (V.A.C.S. Art. 6228f, Secs. 2(a) (part); 3(a) (part), (b)
231-14 (part).)
231-15 Sec. 615.004. EFFECT OF AWARD. (a) A finding that
231-16 assistance is payable to an eligible survivor of an individual
231-17 listed under Section 615.003 is not a declaration of the cause,
231-18 nature, or effect of a death for any other purpose.
231-19 (b) A finding that a death is within the provisions of this
231-20 chapter does not affect another claim or cause of action arising
231-21 from or connected to the death. (V.A.C.S. Art. 6228f, Sec. 7.)
231-22 Sec. 615.005. ASSISTANCE NOT ASSIGNABLE; PAYMENTS EXEMPT.
231-23 (a) Assistance payable under this chapter is not transferable or
231-24 assignable at law or in equity.
231-25 (b) Money paid or payable under this chapter is not subject
231-26 to execution, levy, attachment, garnishment, or other legal
231-27 process, or to the operation of any insolvency law. (V.A.C.S. Art.
232-1 6228f, Sec. 8.)
232-2 Sec. 615.006. DESIGNATION OF CUSTODIAL PERSONNEL. The Texas
232-3 Board of Criminal Justice shall adopt and include in its minutes a
232-4 formal designation identifying the classes of persons who are
232-5 custodial personnel of the agency so that there is no uncertainty
232-6 about which persons are custodial personnel. (V.A.C.S. Art. 6228f,
232-7 Sec. 9.)
232-8 Sec. 615.007. CERTAIN VOLUNTEER FIRE-FIGHTING UNITS
232-9 CONSIDERED AGENTS OF POLITICAL SUBDIVISION. For the purposes of
232-10 this chapter, an organized volunteer fire-fighting unit described
232-11 by Section 615.003(12) is considered an agent of a political
232-12 subdivision, including a municipality, county, or district, that
232-13 the unit serves if:
232-14 (1) the unit receives any financial aid from the
232-15 political subdivision for the maintenance, upkeep, or storage of
232-16 equipment; or
232-17 (2) the governing body of the political subdivision
232-18 designates the unit as an agent of the political subdivision.
232-19 (V.A.C.S. Art. 6228f, Sec. 2(b) (part).)
232-20 Sec. 615.008. CERTAIN POLICE RESERVE OR AUXILIARY UNITS
232-21 CONSIDERED AGENTS OF POLITICAL SUBDIVISION. For the purposes of
232-22 this chapter, an organized police reserve or auxiliary unit is
232-23 considered an agent of a political subdivision, including a
232-24 municipality, county, or district, that the unit serves if the
232-25 governing body of the political subdivision designates the unit as
232-26 an agent of the political subdivision. (V.A.C.S. Art. 6228f, Sec.
232-27 2(b) (part).)
233-1 (Sections 615.009-615.020 reserved for expansion)
233-2 SUBCHAPTER B. PAYMENTS TO ELIGIBLE SURVIVORS
233-3 Sec. 615.021. ELIGIBLE SURVIVORS. A survivor of an
233-4 individual listed under Section 615.003 is eligible for the payment
233-5 of assistance under this chapter if:
233-6 (1) the listed individual died in the course of the
233-7 individual's duty performed in the individual's position as
233-8 described by Section 615.003 as a result of exposure to a risk:
233-9 (A) that is inherent in the duty; and
233-10 (B) to which the general public is not
233-11 customarily exposed; and
233-12 (2) the survivor is:
233-13 (A) the surviving spouse of the listed
233-14 individual;
233-15 (B) a minor child of the listed individual;
233-16 (C) a surviving parent of the listed individual,
233-17 if:
233-18 (i) there is no surviving spouse or minor
233-19 child; and
233-20 (ii) the parent was claimed as a dependent
233-21 on the income tax return filed with the Internal Revenue Service by
233-22 the listed individual in the year preceding the year in which the
233-23 listed individual died; or
233-24 (D) a surviving sibling of the listed individual
233-25 and is younger than 18 years of age, if:
233-26 (i) there is no surviving spouse or minor
233-27 child; and
234-1 (ii) the sibling was claimed as a
234-2 dependent on the income tax return filed with the Internal Revenue
234-3 Service by the listed individual in the year preceding the year in
234-4 which the listed individual died. (V.A.C.S. Art. 6228f, Secs. 2(a)
234-5 (part); 3(a) (part), (b) (part).)
234-6 Sec. 615.022. PAYMENT TO SURVIVING SPOUSE. The state shall
234-7 pay $20,000 to an eligible surviving spouse. (V.A.C.S. Art. 6228f,
234-8 Sec. 3(a) (part).)
234-9 Sec. 615.023. PAYMENT TO SURVIVING MINOR CHILD. (a) The
234-10 state shall pay to the duly appointed or qualified guardian or
234-11 other legal representative of an eligible surviving minor child:
234-12 (1) $200 each month, if there is one surviving minor
234-13 child;
234-14 (2) $300 each month, if there are two surviving minor
234-15 children; or
234-16 (3) $400 each month, if there are three or more
234-17 surviving minor children.
234-18 (b) A child's entitlement to assistance payable under this
234-19 section ends on the child's 21st birthday. At that time, payments
234-20 to any other surviving minor children shall be adjusted, as
234-21 necessary, to conform to the amounts payable under Subsection (a).
234-22 (c) A payment under this section is in addition to any
234-23 payment made under Section 615.022. (V.A.C.S. Art. 6228f, Sec.
234-24 3(a) (part).)
234-25 Sec. 615.024. PAYMENT TO SURVIVING DEPENDENT PARENT. The
234-26 state shall pay an eligible surviving dependent parent:
234-27 (1) $20,000, if there is only one eligible surviving
235-1 dependent parent; or
235-2 (2) $10,000 each, if there are two eligible surviving
235-3 dependent parents. (V.A.C.S. Art. 6228f, Sec. 3(b) (part).)
235-4 Sec. 615.025. PAYMENT TO SURVIVING DEPENDENT SIBLING. (a)
235-5 The state shall pay to an eligible surviving dependent sibling or
235-6 to the sibling's duly appointed or qualified guardian or other
235-7 legal representative:
235-8 (1) $200 each month, if there is one eligible
235-9 surviving dependent sibling;
235-10 (2) $300 each month, if there are two eligible
235-11 surviving dependent siblings; or
235-12 (3) $400 each month, if there are three or more
235-13 eligible surviving dependent siblings.
235-14 (b) A sibling's entitlement to assistance payable under this
235-15 section ends on the sibling's 18th birthday. At that time,
235-16 payments to any other eligible surviving dependent siblings shall
235-17 be adjusted, if necessary, to conform with the amounts specified by
235-18 Subsection (a).
235-19 (c) A payment under this section is in addition to any
235-20 payment made under Section 615.024. (V.A.C.S. Art. 6228f, Sec.
235-21 3(b) (part).)
235-22 (Sections 615.026-615.040 reserved for expansion)
235-23 SUBCHAPTER C. ADMINISTRATION AND PROCEDURE
235-24 Sec. 615.041. PROOF OF CLAIM. Proof of the death of an
235-25 individual listed under Section 615.003 that is claimed to meet the
235-26 requirements of Section 615.021(1) shall be furnished to the board
235-27 of trustees of the Employees Retirement System of Texas in the form
236-1 and with additional evidence and information required by the board.
236-2 (V.A.C.S. Art. 6228f, Sec. 4 (part).)
236-3 Sec. 615.042. AWARD AND PAYMENT OF ASSISTANCE. (a) The
236-4 board of trustees of the Employees Retirement System of Texas shall
236-5 notify the comptroller of the board's determination that a claim
236-6 under this chapter is valid and justifies payment.
236-7 (b) On receipt of the notice, the comptroller shall issue a
236-8 warrant to each claimant in the proper amount from the fund
236-9 appropriated for that purpose.
236-10 (c) Payments under this chapter on behalf of a surviving
236-11 child or dependent sibling are payable beginning on the first day
236-12 of the first month after the death of the individual listed in
236-13 Section 615.003. (V.A.C.S. Art. 6228f, Sec. 5 (part).)
236-14 Sec. 615.043. DENIAL OF CLAIM. If the board of trustees of
236-15 the Employees Retirement System of Texas denies a claim, the board
236-16 shall send a notice of the denial to:
236-17 (1) the person making the claim; or
236-18 (2) the duly qualified guardian or legal
236-19 representative of a surviving minor child or dependent sibling, if
236-20 a claim is being made on behalf of the child or sibling. (V.A.C.S.
236-21 Art. 6228f, Sec. 5 (part).)
236-22 Sec. 615.044. APPEALS. (a) A person whose claim for
236-23 payment to a surviving spouse, minor child, or dependent parent or
236-24 sibling is denied or the person's legal representative may appeal
236-25 the denial to a district court of the residence of the surviving
236-26 spouse, minor child, or dependent parent or sibling, or to a
236-27 district court in Travis County.
237-1 (b) An appeal under this section must be made not later than
237-2 the 20th day after the date the claimant or legal representative
237-3 receives notice of the denial.
237-4 (c) Proceedings on the appeal are by trial de novo, as that
237-5 term is used in an appeal from a justice court to the county court.
237-6 (V.A.C.S. Art. 6228f, Sec. 6.)
237-7 CHAPTER 616. EMERGENCY INTERIM PUBLIC OFFICE SUCCESSION
237-8 SUBCHAPTER A. GENERAL PROVISIONS
237-9 Sec. 616.001. SHORT TITLE
237-10 Sec. 616.002. DEFINITIONS
237-11 Sec. 616.003. DISPUTES
237-12 (Sections 616.004-616.020 reserved for expansion)
237-13 SUBCHAPTER B. EMERGENCY INTERIM SUCCESSORS
237-14 Sec. 616.021. POWERS AND DUTIES OF EMERGENCY INTERIM
237-15 SUCCESSOR
237-16 Sec. 616.022. DESIGNATION OF EMERGENCY INTERIM SUCCESSOR
237-17 TO STATE OR POLITICAL SUBDIVISION
237-18 OFFICER
237-19 Sec. 616.023. DESIGNATION OF EMERGENCY INTERIM
237-20 SUCCESSOR TO LOCAL OFFICER
237-21 Sec. 616.024. TERM OF DESIGNATION
237-22 Sec. 616.025. OATH; BOND
237-23 Sec. 616.026. TERMINATION OF POWERS AND DUTIES BY
237-24 LEGISLATURE
237-25 CHAPTER 616. EMERGENCY INTERIM PUBLIC OFFICE SUCCESSION
237-26 SUBCHAPTER A. GENERAL PROVISIONS
237-27 Sec. 616.001. SHORT TITLE. This chapter may be cited as the
238-1 Emergency Interim Public Office Succession Act. (V.A.C.S.
238-2 Art. 6252-10a, Sec. 1.)
238-3 Sec. 616.002. DEFINITIONS. In this chapter:
238-4 (1) "Emergency interim successor" means an individual
238-5 designated under this chapter to exercise the powers and perform
238-6 the duties of an office.
238-7 (2) "Office" includes:
238-8 (A) a state office, the powers and duties of
238-9 which are defined by the constitution or laws of this state, except
238-10 the governor, a member of the judiciary, and a member of the
238-11 legislature; and
238-12 (B) a local office, the powers and duties of
238-13 which are defined by the constitution or laws of this state or by a
238-14 charter or an ordinance.
238-15 (3) "Political subdivision" includes a municipality, a
238-16 county, and a fire, power, or drainage district that is not
238-17 included under Section 616.023. (V.A.C.S. Art. 6252-10a, Secs. 2
238-18 (part), 5 (part).)
238-19 Sec. 616.003. DISPUTES. (a) A dispute of fact under this
238-20 chapter that relates to an office in the executive branch of state
238-21 government, except a dispute of fact relating to the governor,
238-22 shall be resolved by the governor or other official authorized to
238-23 exercise the powers and perform the duties of the governor.
238-24 (b) A decision made by the governor or the official under
238-25 this section is final. (V.A.C.S. Art. 6252-10a, Sec. 9.)
238-26 (Sections 616.004-616.020 reserved for expansion)
238-27 SUBCHAPTER B. EMERGENCY INTERIM SUCCESSORS
239-1 Sec. 616.021. POWERS AND DUTIES OF EMERGENCY INTERIM
239-2 SUCCESSOR. (a) The powers and duties of an office of the state or
239-3 of a political subdivision may be exercised by an emergency interim
239-4 successor under this chapter only if there has been an attack or
239-5 series of attacks on the United States by an enemy of the United
239-6 States that causes or may cause substantial damage or injury to
239-7 civilian property or individuals in the United States by:
239-8 (1) sabotage;
239-9 (2) the use of bombs, missiles, shell fire, or atomic,
239-10 radiological, chemical, bacteriological, or biological means; or
239-11 (3) the use of other weapons or processes.
239-12 (b) The designated emergency interim successor to an officer
239-13 of the state or of a political subdivision, in the order specified,
239-14 shall exercise the powers and perform the duties of the office if:
239-15 (1) the officer and the officer's deputy are absent or
239-16 unable to exercise the powers and perform the duties of the office;
239-17 or
239-18 (2) the office is vacant and a deputy is not
239-19 authorized to perform the duties of the office.
239-20 (c) The emergency interim successor to a state officer shall
239-21 exercise the powers and perform the duties of the office until:
239-22 (1) the governor or other official authorized to
239-23 exercise the powers and perform the duties of the governor appoints
239-24 a successor to fill the vacancy;
239-25 (2) a successor is otherwise appointed or elected and
239-26 qualifies; or
239-27 (3) the officer, the officer's deputy, or a preceding
240-1 named emergency interim successor is available to exercise the
240-2 powers and perform the duties of the office.
240-3 (d) The emergency interim successor to an officer of a
240-4 political subdivision shall exercise the powers and perform the
240-5 duties of the office until:
240-6 (1) the vacancy is filled; or
240-7 (2) the officer, the officer's deputy, or a preceding
240-8 emergency interim successor is available to exercise the powers and
240-9 perform the duties of the office. (V.A.C.S. Art. 6252-10a, Secs. 2
240-10 (part), 3 (part), 5 (part), 7 (part).)
240-11 Sec. 616.022. DESIGNATION OF EMERGENCY INTERIM SUCCESSOR TO
240-12 STATE OR POLITICAL SUBDIVISION OFFICER. (a) An officer of the
240-13 state or of a political subdivision shall:
240-14 (1) designate by title emergency interim successors,
240-15 if the officer is a state officer;
240-16 (2) designate by title or, if designation by title is
240-17 not feasible, by name, emergency interim successors, if the officer
240-18 is an officer of a political subdivision;
240-19 (3) specify the order of succession; and
240-20 (4) review and revise, as necessary, the designations
240-21 to ensure their current status.
240-22 (b) The officer shall designate a sufficient number of
240-23 emergency interim successors, in addition to deputies authorized by
240-24 law to exercise the powers and perform the duties of the office, so
240-25 that there is a total of at least three and not more than seven
240-26 emergency interim successors and deputies.
240-27 (c) The governor or an official authorized to exercise the
241-1 powers and perform the duties of governor may adopt regulations
241-2 governing designations made by state officers under this section.
241-3 (d) The chief executive of a political subdivision may adopt
241-4 regulations governing designations made by officers of the
241-5 subdivision under this section. (V.A.C.S. Art. 6252-10a, Secs. 3
241-6 (part), 5 (part).)
241-7 Sec. 616.023. DESIGNATION OF EMERGENCY INTERIM SUCCESSOR TO
241-8 LOCAL OFFICER. (a) This section applies only to a local office
241-9 for which the governing body of the local governmental entity may
241-10 determine by ordinance or resolution the manner in which a vacancy
241-11 is filled or temporary appointment is made.
241-12 (b) The governing body of the local governmental entity may
241-13 enact a resolution or an ordinance providing for the designation
241-14 under this chapter of emergency interim successors to local
241-15 officers.
241-16 (c) In this section, "local governmental entity" includes a
241-17 municipality or county. (V.A.C.S. Art. 6252-10a, Sec. 4.)
241-18 Sec. 616.024. TERM OF DESIGNATION. The designation of an
241-19 individual as an emergency interim successor continues at the
241-20 pleasure of the designating authority and may be terminated with or
241-21 without cause until the individual is authorized to exercise the
241-22 powers and perform the duties of office in accordance with this
241-23 chapter. (V.A.C.S. Art. 6252-10a, Sec. 8.)
241-24 Sec. 616.025. OATH; BOND. (a) An emergency interim
241-25 successor at the time of designation shall take the oath required
241-26 to exercise the powers and perform the duties of office.
241-27 (b) An individual, before exercising the powers or
242-1 performing the duties of an office to which that individual
242-2 succeeds, shall comply with the law relating to taking office,
242-3 including provisions for a bond and an oath. (V.A.C.S. Art.
242-4 6252-10a, Sec. 6.)
242-5 Sec. 616.026. TERMINATION OF POWERS AND DUTIES BY
242-6 LEGISLATURE. The legislature, by concurrent resolution, may
242-7 terminate the authority of emergency interim successors to exercise
242-8 the powers and perform the duties of office. (V.A.C.S.
242-9 Art. 6252-10a, Sec. 7 (part).)
242-10 CHAPTER 617. COLLECTIVE BARGAINING AND STRIKES
242-11 Sec. 617.001. DEFINITION
242-12 Sec. 617.002. COLLECTIVE BARGAINING BY PUBLIC EMPLOYEES
242-13 PROHIBITED
242-14 Sec. 617.003. PROHIBITION ON STRIKES BY PUBLIC EMPLOYEES
242-15 Sec. 617.004. RIGHT TO WORK
242-16 Sec. 617.005. EFFECT OF CHAPTER
242-17 CHAPTER 617. COLLECTIVE BARGAINING AND STRIKES
242-18 Sec. 617.001. DEFINITION. In this chapter, "labor
242-19 organization" means any organization in which employees participate
242-20 and that exists in whole or in part to deal with one or more
242-21 employers concerning grievances, labor disputes, wages, hours of
242-22 employment, or working conditions. (V.A.C.S. Art. 5154c, Sec. 5.)
242-23 Sec. 617.002. COLLECTIVE BARGAINING BY PUBLIC EMPLOYEES
242-24 PROHIBITED. (a) An official of the state or of a political
242-25 subdivision of the state may not enter into a collective bargaining
242-26 contract with a labor organization regarding wages, hours, or
242-27 conditions of employment of public employees.
243-1 (b) A contract entered into in violation of Subsection (a)
243-2 is void.
243-3 (c) An official of the state or of a political subdivision
243-4 of the state may not recognize a labor organization as the
243-5 bargaining agent for a group of public employees. (V.A.C.S.
243-6 Art. 5154c, Secs. 1, 2.)
243-7 Sec. 617.003. PROHIBITION ON STRIKES BY PUBLIC EMPLOYEES.
243-8 (a) Public employees may not strike or engage in an organized work
243-9 stoppage against the state or a political subdivision of the state.
243-10 (b) A public employee who violates Subsection (a) forfeits
243-11 all civil service rights, reemployment rights, and any other
243-12 rights, benefits, and privileges the employee enjoys as a result of
243-13 public employment or former public employment.
243-14 (c) The right of an individual to cease work may not be
243-15 abridged if the individual is not acting in concert with others in
243-16 an organized work stoppage. (V.A.C.S. Art. 5154c, Sec. 3.)
243-17 Sec. 617.004. RIGHT TO WORK. An individual may not be
243-18 denied public employment because of the individual's membership or
243-19 nonmembership in a labor organization. (V.A.C.S. Art. 5154c,
243-20 Sec. 4.)
243-21 Sec. 617.005. EFFECT OF CHAPTER. This chapter does not
243-22 impair the right of public employees to present grievances
243-23 concerning their wages, hours of employment, or conditions of work
243-24 either individually or through a representative that does not claim
243-25 the right to strike. (V.A.C.S. Art. 5154c, Sec. 6.)
243-26 (Chapters 618-650 reserved for expansion)
243-27 SUBTITLE B. STATE OFFICERS AND EMPLOYEES
244-1 CHAPTER 651. GENERAL PROVISIONS
244-2 Sec. 651.001. DEFINITION
244-3 Sec. 651.002. BENEFITS OF AND RESTRICTIONS ON STATE EMPLOYEES
244-4 WORKING OUT OF STATE
244-5 Sec. 651.003. WRITTEN STATEMENT OF DISSENTING BOARD MEMBER
244-6 SUBTITLE B. STATE OFFICERS AND EMPLOYEES
244-7 CHAPTER 651. GENERAL PROVISIONS
244-8 Sec. 651.001. DEFINITION. In any state statute, "officer"
244-9 means an officer of this state unless otherwise expressly provided.
244-10 (V.A.C.S. Art. 22.)
244-11 Sec. 651.002. BENEFITS OF AND RESTRICTIONS ON STATE
244-12 EMPLOYEES WORKING OUT OF STATE. A state employee who is required
244-13 to work outside of this state is entitled to the same benefits and
244-14 is subject to the same restrictions provided by law for other state
244-15 employees, including vacation, leave from employment, and the
244-16 employment policies and restrictions provided by the General
244-17 Appropriations Act. (V.A.C.S. Art. 6252-8c.)
244-18 Sec. 651.003. WRITTEN STATEMENT OF DISSENTING BOARD MEMBER.
244-19 A member of the governing board of an agency in the executive
244-20 branch of state government may dissent from an action taken by the
244-21 board and is entitled to enter a written statement of dissent into
244-22 the minutes of the meeting. (V.A.C.S. Art. 6252-17c.)
244-23 CHAPTER 652. VACANCIES
244-24 SUBCHAPTER A. GENERAL PROVISIONS
244-25 Sec. 652.001. TERM OF APPOINTMENT TO VACANCY
244-26 (Sections 652.002-652.020 reserved for expansion)
244-27 SUBCHAPTER B. PROHIBITIONS ON FILLING VACANCIES
245-1 Sec. 652.021. SCOPE OF SUBCHAPTER
245-2 Sec. 652.022. DEFINITION
245-3 Sec. 652.023. PROHIBITION AGAINST FILLING CERTAIN VACANCIES
245-4 Sec. 652.024. EXCEPTIONS
245-5 Sec. 652.025. APPOINTMENT VOID
245-6 Sec. 652.026. VACANCY DURING TRANSITION PERIOD
245-7 CHAPTER 652. VACANCIES
245-8 SUBCHAPTER A. GENERAL PROVISIONS
245-9 Sec. 652.001. TERM OF APPOINTMENT TO VACANCY. An
245-10 appointment made by the governor to a vacancy in the office of a
245-11 commissioner, commission, or board created by law is for the
245-12 unexpired term, unless otherwise provided by law. (V.A.C.S.
245-13 Art. 21.)
245-14 (Sections 652.002-652.020 reserved for expansion)
245-15 SUBCHAPTER B. PROHIBITIONS ON FILLING VACANCIES
245-16 Sec. 652.021. SCOPE OF SUBCHAPTER. (a) This subchapter
245-17 applies to a vacancy in a state or district office that is to be
245-18 filled by appointment by the governor.
245-19 (b) For purposes of this subchapter, the expiration of a
245-20 state or district officer's term of office creates a vacancy in the
245-21 office. (V.A.C.S. Art. 19a, Sec. 1.)
245-22 Sec. 652.022. DEFINITION. In this subchapter, "transition
245-23 period" means the period beginning on November 1 in a year of a
245-24 general election for the office of governor and ending on the day
245-25 the individual elected governor, or the individual's successor if
245-26 the individual elected governor is unable to serve, takes office as
245-27 governor. (V.A.C.S. Art. 19a, Sec. 2(a) (part); New.)
246-1 Sec. 652.023. PROHIBITION AGAINST FILLING CERTAIN VACANCIES.
246-2 An incumbent governor may not, during the transition period,
246-3 appoint an individual to fill a vacancy that occurred before the
246-4 beginning of the transition period. (V.A.C.S. Art. 19a, Sec. 2(a)
246-5 (part).)
246-6 Sec. 652.024. EXCEPTIONS. Section 652.023 does not apply
246-7 to:
246-8 (1) an incumbent governor if the secretary of state
246-9 proclaims that, according to the secretary's count of returns from
246-10 the general election, the governor is reelected; or
246-11 (2) a vacancy that:
246-12 (A) first occurs after October 1 preceding the
246-13 transition period and before the transition period begins;
246-14 (B) is caused by the death of the officeholder;
246-15 and
246-16 (C) would not have occurred during the period
246-17 described by Paragraph (A). (V.A.C.S. Art. 19a, Secs. 2(a) (part),
246-18 (b), (d).)
246-19 Sec. 652.025. APPOINTMENT VOID. An appointment made in
246-20 violation of Section 652.023 is void. (V.A.C.S. Art. 19a, Sec.
246-21 2(c).)
246-22 Sec. 652.026. VACANCY DURING TRANSITION PERIOD. (a) If a
246-23 vacancy first occurs during the transition period, the incumbent
246-24 governor may appoint an individual to fill the vacancy only for a
246-25 partial term expiring February 1 following the occurrence of the
246-26 vacancy.
246-27 (b) This section does not apply to:
247-1 (1) a vacancy for which Article V of the Texas
247-2 Constitution prescribes a different term; or
247-3 (2) an appointee of an incumbent governor if the
247-4 secretary of state proclaims that, according to the secretary's
247-5 count of the returns from the general election, the governor is
247-6 reelected. (V.A.C.S. Art. 19a, Secs. 3(a), (b).)
247-7 CHAPTER 653. BONDS COVERING CERTAIN STATE OFFICERS
247-8 AND EMPLOYEES
247-9 Sec. 653.001. SHORT TITLE
247-10 Sec. 653.002. LEGISLATIVE INTENT
247-11 Sec. 653.003. DEFINITIONS
247-12 Sec. 653.004. AUTHORITY TO PURCHASE BONDS
247-13 Sec. 653.005. AMOUNT OF BOND COVERAGE
247-14 Sec. 653.006. TERMS OF BONDS
247-15 Sec. 653.007. WRITING OF BONDS
247-16 Sec. 653.008. FILING AND CUSTODY OF BONDS
247-17 Sec. 653.009. PAYMENT OF PREMIUMS
247-18 Sec. 653.010. ATTORNEY GENERAL AUTHORIZED TO RECOVER LOSS
247-19 Sec. 653.011. DEPOSIT OF RECOVERY
247-20 CHAPTER 653. BONDS COVERING CERTAIN STATE OFFICERS
247-21 AND EMPLOYEES
247-22 Sec. 653.001. SHORT TITLE. This chapter may be cited as the
247-23 State Employee Bonding Act. (V.A.C.S. Art. 6003b, Sec. 1.)
247-24 Sec. 653.002. LEGISLATIVE INTENT. The intent of the
247-25 legislature in enacting this chapter is to prescribe:
247-26 (1) uniform standards for the bonding of officers and
247-27 employees of state agencies to provide protection against loss; and
248-1 (2) a uniform bond to cover those officers and
248-2 employees. (V.A.C.S. Art. 6003b, Sec. 2.)
248-3 Sec. 653.003. DEFINITIONS. In this chapter:
248-4 (1) "Bond" means an agreement obligating an insurance
248-5 company, as a surety, to pay within certain limits a loss caused by
248-6 a:
248-7 (A) dishonest act of an officer or employee of a
248-8 state agency; or
248-9 (B) failure of an officer or employee of a state
248-10 agency to faithfully perform a duty of the officer's or employee's
248-11 office or position.
248-12 (2) "Faithful performance blanket position bond" means
248-13 a bond that:
248-14 (A) covers all positions in a state agency; and
248-15 (B) is conditioned on the faithful performance
248-16 of the officers' and employees' duties.
248-17 (3) "Honesty blanket position bond" means a bond that
248-18 covers all positions in a state agency for a specific amount for
248-19 each position.
248-20 (4) "Position schedule honesty bond" means a bond that
248-21 covers, for a specific amount for each position, the honesty of an
248-22 employee of a state agency who occupies and performs the duties of
248-23 a position listed in a schedule attached to the bond.
248-24 (5) "Specific excess indemnity" means additional bond
248-25 coverage that exceeds the coverage specified in a faithful
248-26 performance blanket position bond, honesty blanket position bond,
248-27 or position schedule honesty bond.
249-1 (6) "State agency" means a state department,
249-2 commission, board, institution, court, or institution of higher
249-3 education. The term also includes a soil conservation district of
249-4 the state but does not include any other political subdivision of
249-5 the state. (V.A.C.S. Art. 6003b, Sec. 3.)
249-6 Sec. 653.004. AUTHORITY TO PURCHASE BONDS. (a) The head of
249-7 a state agency may contract for:
249-8 (1) a position schedule honesty bond covering not more
249-9 than 10 offices or positions of the state agency; or
249-10 (2) a blanket position bond for more than two offices
249-11 or positions of the state agency.
249-12 (b) The head of a state agency may not contract for coverage
249-13 of the same office or position under more than one type of bond,
249-14 other than for specific excess indemnity authorized under
249-15 Subsection (c).
249-16 (c) The head of a state agency, other than the comptroller
249-17 or the state treasurer, may contract for specific excess indemnity
249-18 coverage in addition to a blanket bond. The comptroller or the
249-19 state treasurer may contract for:
249-20 (1) specific excess indemnity coverage in addition to
249-21 an honesty blanket position bond or to a position schedule honesty
249-22 bond; and
249-23 (2) a faithful performance blanket position bond.
249-24 (d) A bond covers the office or position rather than the
249-25 officer or employee in the office or position. (V.A.C.S. Art.
249-26 6003b, Secs. 4 (part), 5(b), 6(d) (part).)
249-27 Sec. 653.005. AMOUNT OF BOND COVERAGE. (a) The head of a
250-1 state agency shall determine the necessary amount of bond coverage
250-2 for the agency within the maximum bond coverage limit.
250-3 (b) The maximum bond coverage on a state officer or
250-4 employee, including specific excess indemnity coverage, may not
250-5 exceed $10,000 unless the state auditor recommends and approves
250-6 specific excess indemnity coverage of more than $10,000 as
250-7 necessary to protect the state. (V.A.C.S. Art. 6003b, Secs. 4
250-8 (part), 5(a), (c).)
250-9 Sec. 653.006. TERMS OF BONDS. A bond may be purchased for
250-10 three-year coverage. (V.A.C.S. Art. 6003b, Sec. 6(d) (part).)
250-11 Sec. 653.007. WRITING OF BONDS. (a) Only an insurance
250-12 company authorized to act as surety in this state may write a bond
250-13 under this chapter.
250-14 (b) A bond under this chapter must be written in triplicate
250-15 originals on a form approved by the State Board of Insurance.
250-16 (V.A.C.S. Art. 6003b, Secs. 4 (part), 6(a), (c) (part).)
250-17 Sec. 653.008. FILING AND CUSTODY OF BONDS. (a) One
250-18 original of each bond shall be filed with the secretary of state.
250-19 (b) One original of each bond shall be filed with the
250-20 comptroller.
250-21 (c) One original of each bond shall be filed with the state
250-22 agency covered by the bond.
250-23 (d) Each state agency is responsible for custody of the
250-24 bond. (V.A.C.S. Art. 6003b, Sec. 6(c) (part).)
250-25 Sec. 653.009. PAYMENT OF PREMIUMS. The state, as
250-26 beneficiary, shall pay premiums on bonds under this chapter from:
250-27 (1) money appropriated by the legislature for that
251-1 purpose;
251-2 (2) money appropriated by the legislature to a state
251-3 agency for:
251-4 (A) administration or administration expense;
251-5 (B) operation expense;
251-6 (C) general operation expense;
251-7 (D) maintenance;
251-8 (E) miscellaneous expense; or
251-9 (F) contingencies; or
251-10 (3) money of a state agency that:
251-11 (A) is outside the state treasury; and
251-12 (B) may be used by the agency for operational
251-13 expenses of the agency. (V.A.C.S. Art. 6003b, Sec. 6(b).)
251-14 Sec. 653.010. ATTORNEY GENERAL AUTHORIZED TO RECOVER LOSS.
251-15 The attorney general, on notice by an agency of a loss covered by a
251-16 bond under this chapter, may:
251-17 (1) immediately bring an action to recover the loss;
251-18 and
251-19 (2) take any action necessary for recovery of the
251-20 obligation of the surety. (V.A.C.S. Art. 6003b, Sec. 7 (part).)
251-21 Sec. 653.011. DEPOSIT OF RECOVERY. A recovery of a loss or
251-22 a recovery on a bond under this chapter shall be deposited to the
251-23 credit of the fund from which the loss occurred. (V.A.C.S. Art.
251-24 6003b, Sec. 7 (part).)
251-25 CHAPTER 654. POSITION CLASSIFICATION
251-26 SUBCHAPTER A. GENERAL PROVISIONS
251-27 Sec. 654.001. SHORT TITLE
252-1 Sec. 654.002. POSITION CLASSIFICATION PLAN
252-2 (Sections 654.003-654.010 reserved for expansion)
252-3 SUBCHAPTER B. POSITION CLASSIFICATION PLAN
252-4 Sec. 654.011. APPLICATION OF POSITION CLASSIFICATION PLAN
252-5 Sec. 654.012. EXCEPTIONS FROM POSITION CLASSIFICATION PLAN
252-6 Sec. 654.013. DEFERRAL FROM POSITION CLASSIFICATION PLAN
252-7 Sec. 654.014. APPOINTMENTS TO CONFORM WITH POSITION
252-8 CLASSIFICATION PLAN AND GENERAL
252-9 APPROPRIATIONS ACT
252-10 Sec. 654.015. QUALIFICATION REQUIREMENTS AND SPECIFICATIONS IN
252-11 POSITION CLASSIFICATION PLAN
252-12 Sec. 654.016. NEW CLASS OR KIND OF WORK
252-13 (Sections 654.017-654.030 reserved for expansion)
252-14 SUBCHAPTER C. CLASSIFICATION OFFICER
252-15 Sec. 654.031. POSITION OF CLASSIFICATION OFFICER
252-16 Sec. 654.032. APPOINTMENT OF CLASSIFICATION OFFICER
252-17 Sec. 654.033. QUALIFICATIONS OF CLASSIFICATION OFFICER
252-18 Sec. 654.034. SALARY OF CLASSIFICATION OFFICER
252-19 Sec. 654.035. FIRST ASSISTANT CLASSIFICATION OFFICER
252-20 Sec. 654.036. GENERAL DUTIES OF CLASSIFICATION OFFICER
252-21 Sec. 654.037. SALARY STUDIES AND RECOMMENDATIONS
252-22 Sec. 654.038. PERSONNEL AUDITS; NOTIFICATION AND VOLUNTARY
252-23 CORRECTION OF NONCONFORMITY
252-24 Sec. 654.039. REPORT OF INACTION
252-25 Sec. 654.040. ACTION BY GOVERNOR
252-26 Sec. 654.041. EXAMINATION FOR COMPLIANCE BY STATE AUDITOR;
252-27 REPORTS
253-1 Sec. 654.042. ASSISTANCE FROM STATE AUDITOR
253-2 Sec. 654.043. FREE USE OF COMPTROLLER'S DATA PROCESSING
253-3 CENTER
253-4 (Sections 654.044-654.060 reserved for expansion)
253-5 SUBCHAPTER D. OTHER LAWS
253-6 Sec. 654.061. CONSTRUCTION WITH OTHER LAWS
253-7 Sec. 654.062. CONFLICT WITH LAWS RELATING TO EMPLOYEE MERIT
253-8 SYSTEMS IN CERTAIN AGENCIES
253-9 CHAPTER 654. POSITION CLASSIFICATION
253-10 SUBCHAPTER A. GENERAL PROVISIONS
253-11 Sec. 654.001. SHORT TITLE. This chapter may be cited as the
253-12 Position Classification Act. (V.A.C.S. Art. 6252-11, Sec. 1.)
253-13 Sec. 654.002. POSITION CLASSIFICATION PLAN. In this
253-14 chapter, the position classification plan is the Texas Position
253-15 Classification Plan, 1961, that was filed with the governor, as
253-16 changed under this chapter, and that provides the salary structure
253-17 for specified state employments. (V.A.C.S. Art. 6252-11, Sec. 3.)
253-18 (Sections 654.003-654.010 reserved for expansion)
253-19 SUBCHAPTER B. POSITION CLASSIFICATION PLAN
253-20 Sec. 654.011. APPLICATION OF POSITION CLASSIFICATION PLAN.
253-21 (a) The position classification plan and the salary rates and
253-22 provisions in the General Appropriations Act apply to all regular,
253-23 full-time salaried employments in the state departments, agencies,
253-24 or judicial entities specified in the articles of the General
253-25 Appropriations Act that appropriate money to:
253-26 (1) executive and administrative departments and
253-27 agencies;
254-1 (2) health, welfare, and rehabilitation agencies;
254-2 (3) the judiciary, except for judges, district
254-3 attorneys, and assistant district attorneys; and
254-4 (4) agencies of public education, but only the Central
254-5 Education Agency, the Texas School for the Blind and Visually
254-6 Impaired, and the Texas School for the Deaf.
254-7 (b) Except as provided by this chapter, the position
254-8 classification plan and the salary rates and provisions in the
254-9 General Appropriations Act apply to all regular, full-time salaried
254-10 employments in executive and administrative agencies of the state,
254-11 without regard to whether the money of the agency is kept in the
254-12 state treasury. (V.A.C.S. Art. 6252-11, Sec. 2 (part).)
254-13 Sec. 654.012. EXCEPTIONS FROM POSITION CLASSIFICATION PLAN.
254-14 The position classification plan does not apply to:
254-15 (1) a constitutional officer or official;
254-16 (2) an elected officer or official;
254-17 (3) an officer appointed by the governor;
254-18 (4) the chief executive of a state agency;
254-19 (5) a teacher in a public school, special school of
254-20 the state, or state institution of higher education;
254-21 (6) research personnel in state institutions of higher
254-22 education;
254-23 (7) a medical doctor;
254-24 (8) a professional compensated for services on a fee
254-25 basis;
254-26 (9) an hourly employee;
254-27 (10) a part-time employee;
255-1 (11) a temporary employee; and
255-2 (12) an employment excluded from the plan:
255-3 (A) by executive order of the governor; or
255-4 (B) at the direction of the legislature.
255-5 (V.A.C.S. Art. 6252-11, Sec. 2 (part).)
255-6 Sec. 654.013. DEFERRAL FROM POSITION CLASSIFICATION PLAN.
255-7 Nonacademic employments in state institutions of higher education
255-8 are deferred from the application of the position classification
255-9 plan until the governor orders or the legislature directs
255-10 otherwise. (V.A.C.S. Art. 6252-11, Sec. 2 (part).)
255-11 Sec. 654.014. APPOINTMENTS TO CONFORM WITH POSITION
255-12 CLASSIFICATION PLAN AND GENERAL APPROPRIATIONS ACT. Each
255-13 employment to which this subchapter applies shall conform to:
255-14 (1) the classes of work described in the position
255-15 classification plan;
255-16 (2) the titles authorized by the plan; and
255-17 (3) the salary rates and provisions in the General
255-18 Appropriations Act. (V.A.C.S. Art. 6252-11, Secs. 2 (part), 4
255-19 (part).)
255-20 Sec. 654.015. QUALIFICATION REQUIREMENTS AND SPECIFICATIONS
255-21 IN POSITION CLASSIFICATION PLAN. General qualification
255-22 requirements in the position classification plan, including
255-23 specifications for experience, training, education, knowledge,
255-24 skills, abilities, and physical conditions:
255-25 (1) are only meant to represent the qualifications
255-26 commonly wanted by employing officers of the state; and
255-27 (2) do not have the force of law. (V.A.C.S.
256-1 Art. 6252-11, Sec. 5 (part).)
256-2 Sec. 654.016. NEW CLASS OR KIND OF WORK. (a) A governing
256-3 board or a chief executive of an agency needing to employ a person
256-4 in a class or kind of work that is subject to but not described in
256-5 the position classification plan shall notify the classification
256-6 officer of the situation.
256-7 (b) The classification officer shall, to permit the needed
256-8 employment, promptly:
256-9 (1) include the employment in an existing class
256-10 description of work or provide a new class description of work for
256-11 the employment; and
256-12 (2) set a salary range for the class.
256-13 (c) The classification officer shall notify the comptroller
256-14 of the actions.
256-15 (d) An action of the classification officer under this
256-16 section is subject to:
256-17 (1) any limitation established for the agency in the
256-18 General Appropriations Act, including limitations on the number of
256-19 positions and amount of appropriations; and
256-20 (2) the approval of the state auditor with advice from
256-21 the Legislative Audit Committee. (V.A.C.S. Art. 6252-11, Sec. 5
256-22 (part).)
256-23 (Sections 654.017-654.030 reserved for expansion)
256-24 SUBCHAPTER C. CLASSIFICATION OFFICER
256-25 Sec. 654.031. POSITION OF CLASSIFICATION OFFICER. The
256-26 position of classification officer is in the office of the state
256-27 auditor. (V.A.C.S. Art. 6252-11, Sec. 6(a) (part).)
257-1 Sec. 654.032. APPOINTMENT OF CLASSIFICATION OFFICER. The
257-2 state auditor shall appoint the classification officer, subject to
257-3 the advice and approval of the Legislative Audit Committee.
257-4 (V.A.C.S. Art. 6252-11, Sec. 6(a) (part).)
257-5 Sec. 654.033. QUALIFICATIONS OF CLASSIFICATION OFFICER. To
257-6 be eligible for appointment as classification officer, an
257-7 individual must have:
257-8 (1) at least six years' experience in position
257-9 classification or personnel management; or
257-10 (2) a period of experience equivalent to that
257-11 described in Subdivision (1) in related work in state employment
257-12 that specially qualifies the person for the position. (V.A.C.S.
257-13 Art. 6252-11, Sec. 6(a) (part).)
257-14 Sec. 654.034. SALARY OF CLASSIFICATION OFFICER. The
257-15 classification officer is entitled to the salary set by the General
257-16 Appropriations Act. (V.A.C.S. Art. 6252-11, Sec. 6(a) (part).)
257-17 Sec. 654.035. FIRST ASSISTANT CLASSIFICATION OFFICER. The
257-18 classification officer, subject to the approval of the state
257-19 auditor and the Legislative Audit Committee, may appoint a first
257-20 assistant classification officer to whom the classification officer
257-21 may delegate the statutory powers and duties of the classification
257-22 officer when the classification officer is absent. (V.A.C.S. Art.
257-23 6252-11, Sec. 6(b).)
257-24 Sec. 654.036. GENERAL DUTIES OF CLASSIFICATION OFFICER. The
257-25 classification officer shall:
257-26 (1) maintain and keep current the position
257-27 classification plan;
258-1 (2) advise and assist state agencies in equitably and
258-2 uniformly applying the plan;
258-3 (3) assist in personnel audits to ensure conformity
258-4 with the plan; and
258-5 (4) make necessary and desirable recommendations about
258-6 the operation and for improvement of the plan to the governor and
258-7 the legislature. (V.A.C.S. Art. 6252-11, Sec. 6(d) (part).)
258-8 Sec. 654.037. SALARY STUDIES AND RECOMMENDATIONS. The
258-9 classification officer shall:
258-10 (1) make periodic studies of salary rates in other
258-11 governmental units and in industry for similar work performed in
258-12 state government; and
258-13 (2) report the officer's findings and recommendations
258-14 for adjusting state salary ranges to the governor's budget office
258-15 and the Legislative Budget Board not later than October 1 in each
258-16 even-numbered year. (V.A.C.S. Art. 6252-11, Sec. 6(d) (part).)
258-17 Sec. 654.038. PERSONNEL AUDITS; NOTIFICATION AND VOLUNTARY
258-18 CORRECTION OF NONCONFORMITY. (a) The classification officer shall
258-19 notify the chief executive of the agency in writing when a
258-20 personnel audit reveals nonconformity with the position
258-21 classification plan or with prescribed salary ranges. The
258-22 notification shall specify the points of nonconformity.
258-23 (b) The chief executive is entitled to a reasonable
258-24 opportunity to resolve the nonconformity by:
258-25 (1) reassigning the employee to a position title or
258-26 class consistent with the work performed;
258-27 (2) changing the employee's title or salary rate to
259-1 conform to the plan and salary range; or
259-2 (3) obtaining a new class description of work and
259-3 salary range. (V.A.C.S. Art. 6252-11, Sec. 6(e).)
259-4 Sec. 654.039. REPORT OF INACTION. The classification
259-5 officer shall make a written report of the facts to the governor
259-6 and the Legislative Budget Board if the chief executive of an
259-7 agency does not comply with Section 654.038(b) before the 21st day
259-8 after the date of the classification officer's written
259-9 notification. (V.A.C.S. Art. 6252-11, Sec. 6(f) (part).)
259-10 Sec. 654.040. ACTION BY GOVERNOR. In response to a report
259-11 under Section 654.039, the governor:
259-12 (1) may determine, with the advice of the Legislative
259-13 Audit Committee, the action to be taken to resolve a nonconformity;
259-14 and
259-15 (2) may direct the comptroller to not issue a payroll
259-16 warrant for the appropriate employee or position until the
259-17 nonconformity is corrected. (V.A.C.S Art. 6252-11, Sec. 6(f)
259-18 (part).)
259-19 Sec. 654.041. EXAMINATION FOR COMPLIANCE BY STATE AUDITOR;
259-20 REPORTS. The state auditor shall:
259-21 (1) examine, in periodic post-audits of their
259-22 expenditures and by methods the auditor considers appropriate and
259-23 adequate, whether departments and agencies are in compliance with
259-24 this chapter; and
259-25 (2) report the findings to the governor, the
259-26 comptroller, and the Legislative Audit Committee. (V.A.C.S. Art.
259-27 6252-11, Sec. 4 (part).)
260-1 Sec. 654.042. ASSISTANCE FROM STATE AUDITOR. The state
260-2 auditor may provide assistance to the classification officer using
260-3 money appropriated for that purpose. (V.A.C.S. Art. 6252-11, Sec.
260-4 6(a) (part).)
260-5 Sec. 654.043. FREE USE OF COMPTROLLER'S DATA PROCESSING
260-6 CENTER. The classification officer may use, without charge, the
260-7 comptroller's data processing center to process position
260-8 classification information when the center is available. (V.A.C.S.
260-9 Art. 6252-11, Sec. 6(c).)
260-10 (Sections 654.044-654.060 reserved for expansion)
260-11 SUBCHAPTER D. OTHER LAWS
260-12 Sec. 654.061. CONSTRUCTION WITH OTHER LAWS. (a) This
260-13 chapter does not affect the authority of a governing body or a
260-14 chief executive of an agency under another law to employ persons or
260-15 promote or dismiss employees.
260-16 (b) This chapter does not authorize an increase in the
260-17 number of positions in an agency or the amount of appropriations to
260-18 an agency set by the General Appropriations Act. (V.A.C.S. Art.
260-19 6252-11, Sec. 5 (part).)
260-20 Sec. 654.062. CONFLICT WITH LAWS RELATING TO EMPLOYEE MERIT
260-21 SYSTEMS IN CERTAIN AGENCIES. Sections 654.015 and 654.061 do not
260-22 abrogate statutory authorization for a state agency to operate
260-23 under an employee merit system as a condition for qualifying for
260-24 federal grants-in-aid. A merit system agreed to by a state agency
260-25 and an agency of the federal government shall continue in effect,
260-26 subject to applicable state law. (V.A.C.S. Art. 6252-11, Sec. 5
260-27 (part).)
261-1 CHAPTER 655. MERIT SELECTION
261-2 Sec. 655.001. APPLICABILITY
261-3 Sec. 655.002. MERIT SELECTION PRINCIPLES
261-4 Sec. 655.003. ADDITIONAL MERIT SELECTION PRINCIPLES
261-5 Sec. 655.004. ADMINISTRATION OF MERIT SELECTION
261-6 CHAPTER 655. MERIT SELECTION
261-7 Sec. 655.001. APPLICABILITY. This chapter applies only to a
261-8 state agency that is required by federal law or regulation to use a
261-9 merit system of personnel administration for the agency or for a
261-10 program administered under the agency. (V.A.C.S. Art. 6252-11g,
261-11 Sec. 1(a) (part).)
261-12 Sec. 655.002. MERIT SELECTION PRINCIPLES. (a) A state
261-13 agency by rule shall establish intra-agency policies and procedures
261-14 to ensure:
261-15 (1) compliance with the federal requirements; and
261-16 (2) the recruitment, selection, and advancement of
261-17 highly competent agency personnel.
261-18 (b) A rule adopted under this section must ensure that the
261-19 state agency:
261-20 (1) recruits, selects, and promotes its employees
261-21 according to the relative abilities, knowledge, and skills of the
261-22 applicants or employees;
261-23 (2) provides equitable and adequate compensation to an
261-24 employee;
261-25 (3) provides any employee training necessary to ensure
261-26 performance of a high quality;
261-27 (4) uses the adequacy of an employee's job performance
262-1 to determine whether the employee will be retained;
262-2 (5) treats a job applicant or employee fairly in all
262-3 aspects of personnel administration;
262-4 (6) complies fully with state and federal equal
262-5 opportunity and nondiscrimination laws; and
262-6 (7) protects an employee against coercion for partisan
262-7 political purposes and prohibits the employee from using employment
262-8 status to interfere with, or affect the result of, an election or
262-9 nomination for office. (V.A.C.S. Art. 6252-11g, Secs. 1(a) (part),
262-10 2(a).)
262-11 Sec. 655.003. ADDITIONAL MERIT SELECTION PRINCIPLES. A
262-12 state agency shall implement any additional merit principles
262-13 required by federal law or regulation. (V.A.C.S. Art. 6252-11g,
262-14 Sec. 2(b).)
262-15 Sec. 655.004. ADMINISTRATION OF MERIT SELECTION. A state
262-16 agency may create a separate division within the agency to
262-17 administer merit selection policies and procedures if the chief
262-18 executive of the agency considers the creation necessary.
262-19 (V.A.C.S. Art. 6252-11g, Sec. 1(b).)
262-20 CHAPTER 656. JOB NOTICES AND TRAINING
262-21 SUBCHAPTER A. EMPLOYMENT OPENINGS
262-22 Sec. 656.001. STATE AGENCY EMPLOYMENT OPENINGS
262-23 (Sections 656.002-656.020 reserved for expansion)
262-24 SUBCHAPTER B. JOB NOTICES
262-25 Sec. 656.021. DEFINITIONS
262-26 Sec. 656.022. SUBMISSION OF JOB INFORMATION FORMS
262-27 Sec. 656.023. JOB INFORMATION FORMS
263-1 Sec. 656.024. PUBLIC NOTICE OF JOB VACANCIES
263-2 Sec. 656.025. OTHER EFFORTS TO INFORM SOURCES OF VACANCIES
263-3 (Sections 656.026-656.040 reserved for expansion)
263-4 SUBCHAPTER C. TRAINING
263-5 Sec. 656.041. SHORT TITLE
263-6 Sec. 656.042. DEFINITION
263-7 Sec. 656.043. PUBLIC FUNDS FOR TRAINING AND EDUCATION
263-8 Sec. 656.044. REQUIRED ATTENDANCE AT PROGRAM
263-9 Sec. 656.045. PURPOSES OF PROGRAM
263-10 Sec. 656.046. PAYMENT OF PROGRAM EXPENSES
263-11 Sec. 656.047. RULES RELATING TO TRAINING AND EDUCATION
263-12 Sec. 656.048. AUTHORITY TO CONTRACT
263-13 CHAPTER 656. JOB NOTICES AND TRAINING
263-14 SUBCHAPTER A. EMPLOYMENT OPENINGS
263-15 Sec. 656.001. STATE AGENCY EMPLOYMENT OPENINGS. Any agency,
263-16 board, bureau, commission, committee, council, court, department,
263-17 institution, or office in the executive or judicial branch of state
263-18 government that has an employment opening for which persons from
263-19 outside the agency will be considered shall list the opening with
263-20 the Texas Employment Commission. (V.A.C.S. Art. 5221g-2.)
263-21 (Sections 656.002-656.020 reserved for expansion)
263-22 SUBCHAPTER B. JOB NOTICES
263-23 Sec. 656.021. DEFINITIONS. In this subchapter:
263-24 (1) "Commission" means the Texas Employment
263-25 Commission.
263-26 (2) "State agency" means:
263-27 (A) a department, commission, board, office,
264-1 institution, or other agency that:
264-2 (i) is in the executive branch of state
264-3 government;
264-4 (ii) has authority that is not limited to
264-5 a geographical portion of this state; and
264-6 (iii) was created by the constitution or a
264-7 statute of this state; or
264-8 (B) a university system or an institution of
264-9 higher education as defined by Section 61.003, Education Code,
264-10 other than a public junior college. (V.A.C.S. Art. 6252-11b,
264-11 Sec. 1 (part).)
264-12 Sec. 656.022. SUBMISSION OF JOB INFORMATION FORMS. As soon
264-13 as possible after a job vacancy occurs or is filled in Travis
264-14 County in a state agency, the agency shall complete and deliver to
264-15 the commission and to the Equal Employment Opportunity Office in
264-16 the governor's office the appropriate information form prescribed
264-17 by the commission and pertaining to the job vacancy or placement.
264-18 (V.A.C.S. Art. 6252-11b, Secs. 1 (part); 2(a).)
264-19 Sec. 656.023. JOB INFORMATION FORMS. The commission shall
264-20 prescribe the forms for information from state agencies necessary
264-21 for the commission to serve as a central processing agency for
264-22 state agency job opportunities in Travis County. (V.A.C.S.
264-23 Art. 6252-11b, Sec. 3.)
264-24 Sec. 656.024. PUBLIC NOTICE OF JOB VACANCIES. The
264-25 commission shall publicly list, in accordance with the commission's
264-26 procedures, for at least 10 working days, each notice of a job
264-27 vacancy delivered under Section 656.022 unless the commission is
265-1 sooner notified by the state agency having the vacancy that the
265-2 vacancy has been filled. (V.A.C.S. Art. 6252-11b, Sec. 4(a).)
265-3 Sec. 656.025. OTHER EFFORTS TO INFORM SOURCES OF VACANCIES.
265-4 A state agency is encouraged to continue other efforts used to
265-5 inform outside applicant recruitment sources of job vacancies.
265-6 (V.A.C.S. Art. 6252-11b, Sec. 5.)
265-7 (Sections 656.026-656.040 reserved for expansion)
265-8 SUBCHAPTER C. TRAINING
265-9 Sec. 656.041. SHORT TITLE. This subchapter may be cited as
265-10 the State Employees Training Act. (V.A.C.S. Art. 6252-11a, Sec.
265-11 1.)
265-12 Sec. 656.042. DEFINITION. In this subchapter, "state
265-13 agency" means a department, agency, or institution of this state,
265-14 including an institution of higher education, as defined by Section
265-15 61.003, Education Code. (V.A.C.S. Art. 6252-11a, Sec. 3(b); New.)
265-16 Sec. 656.043. PUBLIC FUNDS FOR TRAINING AND EDUCATION. A
265-17 state agency may use public funds to provide training and education
265-18 for its administrators and employees. The training or education
265-19 must be related to the duties or prospective duties of the
265-20 administrator or employee. (V.A.C.S. Art. 6252-11a, Secs. 3(a)
265-21 (part), 4 (part).)
265-22 Sec. 656.044. REQUIRED ATTENDANCE AT PROGRAM. A state
265-23 agency may require an administrator or employee of the agency to
265-24 attend, as all or part of the administrator's or employee's duties,
265-25 a training or education program if the training or education is
265-26 related to the administrator's or employee's duties or prospective
265-27 duties. (V.A.C.S. Art. 6252-11a, Sec. 4 (part).)
266-1 Sec. 656.045. PURPOSES OF PROGRAM. A state agency's
266-2 training and educational program may include:
266-3 (1) preparing for technological and legal
266-4 developments;
266-5 (2) increasing work capabilities;
266-6 (3) increasing the number of qualified employees in
266-7 areas designated by institutions of higher education as having an
266-8 acute faculty shortage; and
266-9 (4) increasing the competence of state employees.
266-10 (V.A.C.S. Art. 6252-11a, Sec. 3(a) (part).)
266-11 Sec. 656.046. PAYMENT OF PROGRAM EXPENSES. A state agency
266-12 may spend public funds as appropriate to pay the salary, tuition
266-13 and other fees, travel and living expenses, training stipend,
266-14 expense of training materials, and other necessary expenses of an
266-15 instructor, student, or other participant in a training or
266-16 education program. (V.A.C.S. Art. 6252-11a, Sec. 3(a) (part).)
266-17 Sec. 656.047. RULES RELATING TO TRAINING AND EDUCATION. (a)
266-18 A state agency shall adopt rules relating to:
266-19 (1) the eligibility of the agency's administrators and
266-20 employees for training and education supported by the agency; and
266-21 (2) the obligations assumed by the administrators and
266-22 employees on receiving the training and education.
266-23 (b) A rule adopted under this section is not effective, and
266-24 public funds may not be spent under the rule, until the governor
266-25 approves the rule in writing. (V.A.C.S. Art. 6252-11a, Sec. 5.)
266-26 Sec. 656.048. AUTHORITY TO CONTRACT. A state agency may
266-27 contract with another state, local, or federal department, agency,
267-1 or institution, including a state-supported college or university,
267-2 to train or educate its administrators and employees, including
267-3 joint training or education. (V.A.C.S. Art. 6252-11a, Sec. 3(a)
267-4 (part).)
267-5 CHAPTER 657. VETERAN'S EMPLOYMENT PREFERENCES
267-6 Sec. 657.001. DEFINITIONS
267-7 Sec. 657.002. INDIVIDUALS ENTITLED TO VETERAN'S EMPLOYMENT
267-8 PREFERENCE
267-9 Sec. 657.003. VETERAN'S EMPLOYMENT PREFERENCE
267-10 Sec. 657.004. QUOTAS FOR PUBLIC ENTITIES AND PUBLIC WORKS
267-11 Sec. 657.005. EMPLOYMENT INVESTIGATION
267-12 Sec. 657.006. FEDERAL LAW AND GRANTS
267-13 CHAPTER 657. VETERAN'S EMPLOYMENT PREFERENCES
267-14 Sec. 657.001. DEFINITIONS. In this chapter:
267-15 (1) "Established service-connected disability" means a
267-16 disability that has been or may be established by official records.
267-17 (2) "Public entity" means a public department,
267-18 commission, board, or agency. (V.A.C.S. Art. 4413(31), Sec. 3
267-19 (part); New.)
267-20 Sec. 657.002. INDIVIDUALS ENTITLED TO VETERAN'S EMPLOYMENT
267-21 PREFERENCE. (a) A veteran or the widow or orphan of a veteran
267-22 qualifies for a veteran's employment preference if the veteran:
267-23 (1) served in the military during:
267-24 (A) the Spanish-American War;
267-25 (B) the Philippine Insurrection;
267-26 (C) the China Relief Expedition;
267-27 (D) World War I;
268-1 (E) World War II;
268-2 (F) any other military conflict in which the
268-3 United States was a participant before June 18, 1945;
268-4 (G) the Korean War after June 24, 1950; or
268-5 (H) the Vietnam conflict after July 1953;
268-6 (2) was honorably discharged from military service;
268-7 and
268-8 (3) is competent.
268-9 (b) This chapter does not apply to a veteran who:
268-10 (1) was a conscientious objector at the time of the
268-11 veteran's discharge from military service; or
268-12 (2) is receiving or entitled to receive military
268-13 retirement pay, other than disability retirement pay, from the
268-14 United States.
268-15 (c) In this section, "veteran" means an individual who
268-16 served in the army, navy, air force, marine corps, or coast guard
268-17 of the United States, or in an auxiliary service of one of those
268-18 branches of the armed forces. (V.A.C.S. Art. 4413(31), Secs. 1
268-19 (part), 3(a); New.)
268-20 Sec. 657.003. VETERAN'S EMPLOYMENT PREFERENCE. (a) An
268-21 individual who qualifies for a veteran's employment preference is
268-22 entitled to a preference in employment with or appointment to a
268-23 public entity or for a public work of this state over other
268-24 applicants for the same position who do not have a greater
268-25 qualification.
268-26 (b) An individual who has an established service-connected
268-27 disability and is entitled to a veteran's employment preference is
269-1 entitled to preference for employment or appointment in a position
269-2 for which a competition examination is not held over all other
269-3 applicants for the same position without a service-connected
269-4 disability and who do not have a greater qualification.
269-5 (c) If a public entity or public work of this state requires
269-6 a competitive examination under a merit system or civil service
269-7 plan for selecting or promoting employees, an individual entitled
269-8 to a veteran's employment preference who otherwise is qualified for
269-9 that position and who has received at least the minimum required
269-10 score for the test is entitled to have a service credit of 10
269-11 points added to the test score. An individual who has an
269-12 established service-connected disability is entitled to have a
269-13 service credit of five additional points added to the individual's
269-14 test score.
269-15 (d) An individual entitled to a veteran's employment
269-16 preference is not disqualified from holding a position with a
269-17 public entity or public work of this state because of age or an
269-18 established service-connected disability if the age or disability
269-19 does not make the individual incompetent to perform the duties of
269-20 the position.
269-21 (e) This chapter does not apply to:
269-22 (1) the position of private secretary or deputy of an
269-23 official or department; or
269-24 (2) a person holding a strictly confidential relation
269-25 to the appointing or employing officer. (V.A.C.S. Art. 4413(31),
269-26 Secs. 1 (part), 3 (part), 6.)
269-27 Sec. 657.004. QUOTAS FOR PUBLIC ENTITIES AND PUBLIC WORKS.
270-1 (a) An individual whose duty is to appoint or employ individuals
270-2 for a public entity or public work of this state shall give
270-3 preference in hiring to individuals entitled to a veteran's
270-4 employment preference so that at least 40 percent of the employees
270-5 of the public entity or public work are selected from individuals
270-6 given that preference. A public entity or public work that does
270-7 not have 40 percent of its employees who are entitled to the
270-8 preference shall, in filling vacancies, give preferences to
270-9 individuals entitled to a veteran's employment preference until it
270-10 has reached the 40 percent quota.
270-11 (b) In reaching the 40 percent quota, a public entity or
270-12 public work shall, when possible, give 10 percent of the
270-13 preferences granted under this chapter to qualified veterans
270-14 discharged from the armed services of the United States within the
270-15 preceding 18 months.
270-16 (c) A public entity or public work that meets the percentage
270-17 quota in this section is exempt from the requirements of
270-18 Subsections (a) and (b). (V.A.C.S. Art. 4413(31), Secs. 2, 4
270-19 (part).)
270-20 Sec. 657.005. EMPLOYMENT INVESTIGATION. (a) The individual
270-21 whose duty is to appoint or employ an applicant for a position with
270-22 a public entity or public work of this state or an officer or the
270-23 chief administrator of the entity or work who receives an
270-24 application for appointment or employment by an individual entitled
270-25 to a veteran's employment preference, before appointing or
270-26 employing any individual, shall investigate the qualifications of
270-27 the applicant for the position. If the applicant is of good moral
271-1 character and can perform the duties of the position, the officer,
271-2 chief executive, or individual whose duty is to appoint or employ
271-3 shall appoint or employ the applicant for the position.
271-4 (b) An applicant with an established service-connected
271-5 disability shall furnish the official records to the individual
271-6 whose duty is to fill the position. (V.A.C.S. Art. 4413(31),
271-7 Secs. 3 (part), 4 (part).)
271-8 Sec. 657.006. FEDERAL LAW AND GRANTS. To the extent that
271-9 this chapter conflicts with federal law or a limitation provided by
271-10 a federal grant to a public entity, this chapter shall be construed
271-11 to operate in harmony with the federal law or limitation of the
271-12 federal grant. (V.A.C.S. Art. 4413(31), Sec. 5.)
271-13 CHAPTER 658. HOURS OF LABOR
271-14 Sec. 658.001. DEFINITIONS
271-15 Sec. 658.002. WORK HOURS REQUIRED FOR SALARIED EMPLOYEES
271-16 Sec. 658.003. VOLUNTARY WORK REDUCTION PROGRAM
271-17 Sec. 658.004. NOTICE OF WORK REDUCTION PROGRAM
271-18 Sec. 658.005. REGULAR OFFICE HOURS FOR STATE EMPLOYEES
271-19 Sec. 658.006. STAGGERED WORKING HOURS; CAPITOL AREA IN
271-20 AUSTIN
271-21 Sec. 658.007. WORKING HOURS FOR EMPLOYEES OF INSTITUTIONS OF
271-22 HIGHER EDUCATION
271-23 CHAPTER 658. HOURS OF LABOR
271-24 Sec. 658.001. DEFINITIONS. In this chapter:
271-25 (1) "Full-time state employee" means a person employed
271-26 by a state agency who, if not participating in a voluntary work
271-27 reduction program under Section 658.003, is required to work for
272-1 the agency not less than 40 hours a week.
272-2 (2) "State agency" means:
272-3 (A) a board, commission, department,
272-4 institution, office, or other agency in the executive branch of
272-5 state government that is created by the constitution or a statute
272-6 of this state; or
272-7 (B) the Supreme Court of Texas, the Texas Court
272-8 of Criminal Appeals, a court of appeals, or other agency in the
272-9 judicial branch. (V.A.C.S. Art. 5165a, Sec. 1.)
272-10 Sec. 658.002. WORK HOURS REQUIRED FOR SALARIED EMPLOYEES.
272-11 (a) A state employee paid a full-time salary shall work not less
272-12 than 40 hours a week.
272-13 (b) The chief administrator of a state agency that must
272-14 maintain certain services 24 hours a day may require essential
272-15 employees who perform those services to be on duty for a workweek
272-16 that exceeds 40 hours in necessary or emergency situations.
272-17 (c) This section does not apply to a houseparent who is
272-18 employed by and lives at a Texas Youth Commission facility.
272-19 (V.A.C.S. Art. 5165a, Sec. 2.)
272-20 Sec. 658.003. VOLUNTARY WORK REDUCTION PROGRAM. (a) To
272-21 increase state efficiency while reducing the cost of state
272-22 government, a state agency may create a work reduction program in
272-23 which a full-time state employee of the agency agrees to accept
272-24 reduced wages and benefits for a proportionate reduction in work
272-25 hours.
272-26 (b) Employee participation in a work reduction program
272-27 created under this section is voluntary.
273-1 (c) An employee who elects to participate in a work
273-2 reduction program must agree to participate in the program for at
273-3 least six calendar months. The agreement must be in writing and
273-4 signed by the employee.
273-5 (d) A temporary or exempt employee is not eligible to
273-6 participate in the program. (V.A.C.S. Art. 5165a, Sec. 2A.)
273-7 Sec. 658.004. NOTICE OF WORK REDUCTION PROGRAM. (a) The
273-8 chief administrator of a state agency that has created a work
273-9 reduction program under Section 658.003 shall place notice of the
273-10 program's availability in common areas of the agency.
273-11 (b) The chief administrator of a state agency may not
273-12 discuss, initiate discussion of, or orally inform an employee of
273-13 the work reduction program unless the employee first approaches the
273-14 chief administrator about the availability of the program.
273-15 (V.A.C.S. Art. 5165a, Sec. 2B.)
273-16 Sec. 658.005. REGULAR OFFICE HOURS FOR STATE EMPLOYEES. (a)
273-17 Normal office hours of a state agency are from 8 a.m. to 5 p.m.,
273-18 Monday through Friday. These hours are the regular working hours
273-19 for a full-time state employee.
273-20 (b) If a chief administrator of a state agency considers it
273-21 necessary or advisable, offices also may be kept open during other
273-22 hours and on other days, and the time worked counts toward the 40
273-23 hours a week that are required under Section 658.002.
273-24 (c) The chief administrator of a state agency may make
273-25 exceptions to the minimum length of the workweek established by
273-26 this chapter to take care of any emergency or public necessity that
273-27 the chief administrator finds to exist.
274-1 (d) This section does not apply to an employee paid by the
274-2 hour. (V.A.C.S. Art. 5165a, Sec. 2C (part).)
274-3 Sec. 658.006. STAGGERED WORKING HOURS; CAPITOL AREA IN
274-4 AUSTIN. Normal working hours for employees of a state agency in
274-5 the Capitol area in Austin may be staggered as authorized by the
274-6 General Appropriations Act for traffic regulation or public safety.
274-7 (V.A.C.S. Art. 5165a, Sec. 2C (part).)
274-8 Sec. 658.007. WORKING HOURS FOR EMPLOYEES OF INSTITUTIONS OF
274-9 HIGHER EDUCATION. (a) The governing board of an institution of
274-10 higher education or a university system, as those terms are defined
274-11 in Section 61.003, Education Code, may make exceptions to the
274-12 minimum length of the workweek and the maximum length of a workday
274-13 established by this chapter to achieve and maintain operational
274-14 efficiency at the institution of higher education, university
274-15 system, or an office, department, or division of either.
274-16 (b) A full-time salaried employee may not be authorized
274-17 under this section to work less than 40 hours in a calendar week.
274-18 (V.A.C.S. Art. 5165a, Sec. 2D.)
274-19 CHAPTER 659. COMPENSATION
274-20 SUBCHAPTER A. GENERAL PROVISIONS
274-21 Sec. 659.001. EQUAL WORK, EQUAL PAY
274-22 Sec. 659.002. DEDUCTIONS
274-23 (Sections 659.003-659.010 reserved for expansion)
274-24 SUBCHAPTER B. SALARY AMOUNTS
274-25 Sec. 659.011. SALARIES SET IN APPROPRIATIONS ACT
274-26 Sec. 659.012. JUDICIAL SALARIES
274-27 Sec. 659.013. STATUTORY SALARIES SUSPENDED
275-1 Sec. 659.014. SUSPENDED LAWS CONTINUED IN EFFECT
275-2 (Sections 659.015-659.030 reserved for expansion)
275-3 SUBCHAPTER C. COMPENSATORY PER DIEM
275-4 Sec. 659.031. DEFINITION
275-5 Sec. 659.032. PER DIEM ENTITLEMENT
275-6 Sec. 659.033. STATUTORY PER DIEM SUSPENDED
275-7 (Sections 659.034-659.040 reserved for expansion)
275-8 SUBCHAPTER D. LONGEVITY PAY
275-9 Sec. 659.041. DEFINITIONS
275-10 Sec. 659.042. EXCLUSIONS
275-11 Sec. 659.043. ENTITLEMENT
275-12 Sec. 659.044. AMOUNT
275-13 Sec. 659.045. CHANGE IN STATUS
275-14 Sec. 659.046. ACCRUAL OF LIFETIME SERVICE CREDIT
275-15 Sec. 659.047. COMPTROLLER RULES
275-16 (Sections 659.048-659.060 reserved for expansion)
275-17 SUBCHAPTER E. ADDITIONAL COMPENSATION AND EXPENSES
275-18 Sec. 659.061. EXPENSES OF EMPLOYEES INJURED OR KILLED WHILE
275-19 ON DUTY
275-20 Sec. 659.062. HAZARDOUS DUTY PAY
275-21 (Sections 659.063-659.080 reserved for expansion)
275-22 SUBCHAPTER F. METHOD AND FREQUENCY OF PAYMENT
275-23 Sec. 659.081. PAYMENT ONCE A MONTH
275-24 Sec. 659.082. PAYMENT TWICE A MONTH
275-25 Sec. 659.083. PAYDAY
275-26 Sec. 659.084. ELECTRONIC FUNDS TRANSFER
275-27 CHAPTER 659. COMPENSATION
276-1 SUBCHAPTER A. GENERAL PROVISIONS
276-2 Sec. 659.001. EQUAL WORK, EQUAL PAY. A woman who performs
276-3 public service for this state is entitled to be paid the same
276-4 compensation for her service as is paid to a man who performs the
276-5 same kind, grade, and quantity of service, and a distinction in
276-6 compensation may not be made because of sex. (V.A.C.S. Art. 6825.)
276-7 Sec. 659.002. DEDUCTIONS. (a) A state agency may not make
276-8 a deduction from the compensation paid to an officer or employee
276-9 whose compensation is paid in full or in part from state funds
276-10 unless the deduction is authorized by law.
276-11 (b) In this section, "state agency" means:
276-12 (1) a board, commission, department, office, or other
276-13 agency that is in the executive branch of state government and that
276-14 was created by the constitution or a statute of this state,
276-15 including an institution of higher education as defined by Section
276-16 61.003, Education Code;
276-17 (2) the legislature or a legislative agency; or
276-18 (3) the supreme court, the court of criminal appeals,
276-19 a court of appeals, the state bar, or another state judicial
276-20 agency. (V.A.C.S. Art. 6813e.)
276-21 (Sections 659.003-659.010 reserved for expansion)
276-22 SUBCHAPTER B. SALARY AMOUNTS
276-23 Sec. 659.011. SALARIES SET IN APPROPRIATIONS ACT. The
276-24 salaries of all state officers and employees are in the amounts
276-25 provided by the biennial appropriations act. (V.A.C.S. Arts.
276-26 6813b, Sec. 1 (part), 6822 (part).)
276-27 Sec. 659.012. JUDICIAL SALARIES. (a) A justice of a court
277-1 of appeals other than the chief justice is entitled to an annual
277-2 salary from the state that is five percent less than the salary
277-3 provided by the General Appropriations Act for a justice of the
277-4 supreme court. The combined salary of a justice of the court of
277-5 appeals other than the chief justice from all state and county
277-6 sources may not exceed the amount that is $1,000 less than the
277-7 salary provided for a justice of the supreme court.
277-8 (b) The chief justice of a court of appeals is entitled to
277-9 an annual salary from the state that is $500 more than the salary
277-10 provided for the other justices of the court of appeals. The
277-11 combined salary of the chief justice of a court of appeals may not
277-12 exceed the amount that is $500 less than the salary provided for a
277-13 justice of the supreme court.
277-14 (c) A judge of a district court is entitled to an annual
277-15 salary from the state that is 10 percent less than the salary
277-16 provided in the General Appropriations Act for a justice of the
277-17 supreme court. Unless otherwise provided by law, the combined
277-18 salary of a district judge from state and county sources may not
277-19 exceed the amount that is $2,000 less than the salary provided for
277-20 a justice of the supreme court. To the extent of any conflict, the
277-21 salary differential provided by this section for the combined
277-22 salary of a district judge prevails over any differential set by
277-23 Chapter 32.
277-24 (d) For the purpose of salary payments by the state, the
277-25 comptroller shall determine from sworn statements filed by the
277-26 justices of the courts of appeals and district judges that the
277-27 required salary differentials provided by this section are
278-1 maintained. If a salary combined with a county supplement would be
278-2 in excess of the differential provided by this section, the
278-3 comptroller shall reduce the state salary by the amount of the
278-4 excess. (V.A.C.S. Art. 6813b, Sec. 3.)
278-5 Sec. 659.013. STATUTORY SALARIES SUSPENDED. (a) Except as
278-6 provided by this section, a law setting the salary of a state
278-7 officer or employee is suspended to the extent that the law
278-8 conflicts with this subchapter.
278-9 (b) The suspension does not apply to:
278-10 (1) a law specifying or regulating the salary or
278-11 compensation of an officer or employee for whom the biennial
278-12 appropriations act does not specify or regulate the salary or
278-13 compensation; and
278-14 (2) Chapter 654. (V.A.C.S. Arts. 6813b, Secs. 1
278-15 (part), 2 (part); 6822 (part).)
278-16 Sec. 659.014. SUSPENDED LAWS CONTINUED IN EFFECT. Those
278-17 laws suspended by the operation of Section 659.013 are continued in
278-18 effect, although suspended, as those laws existed September 1,
278-19 1993, including:
278-20 (1) Article 6813, Revised Statutes (setting annual
278-21 salaries for named officers and employees);
278-22 (2) Chapter 277, Acts of the 40th Legislature, Regular
278-23 Session, 1927 (Article 6813a, Vernon's Texas Civil Statutes)
278-24 (setting and regulating the salary of members of the Railroad
278-25 Commission of Texas); and
278-26 (3) Article 6824, Revised Statutes (prohibiting an
278-27 increase or decrease of salary during an officer's term of office).
279-1 (New.)
279-2 (Sections 659.015-659.030 reserved for expansion)
279-3 SUBCHAPTER C. COMPENSATORY PER DIEM
279-4 Sec. 659.031. DEFINITION. In this subchapter, "state board"
279-5 means a board, commission, committee, council, or similar agency in
279-6 the executive or judicial branch of state government that is
279-7 composed of two or more members. (V.A.C.S. Art. 6813f, Sec. 1.)
279-8 Sec. 659.032. PER DIEM ENTITLEMENT. (a) A member of a
279-9 state board is entitled to a per diem in an amount set by the
279-10 General Appropriations Act for the member's service on the board.
279-11 (b) This section does not apply to a member of the
279-12 legislature who serves on a board by virtue of the member's office
279-13 as a legislator. (V.A.C.S. Art. 6813f, Sec. 2.)
279-14 Sec. 659.033. STATUTORY PER DIEM SUSPENDED. (a) A law
279-15 setting the amount of per diem for members of a state board is
279-16 suspended to the extent of conflict with this subchapter.
279-17 (b) The law setting the amount of per diem for a member of a
279-18 state board is not suspended if the General Appropriations Act does
279-19 not set the amount of per diem to which the member is entitled.
279-20 (c) A law setting a limit on the number of days for which a
279-21 state board member is entitled to a per diem is not suspended by
279-22 this subchapter. (V.A.C.S. Art. 6813f, Sec. 3.)
279-23 (Sections 659.034-659.040 reserved for expansion)
279-24 SUBCHAPTER D. LONGEVITY PAY
279-25 Sec. 659.041. DEFINITIONS. In this subchapter:
279-26 (1) "Full-time state employee" means:
279-27 (A) a state employee who works in the executive
280-1 or judicial branch of state government and who is normally
280-2 scheduled to work at least 40 hours a week in one position; or
280-3 (B) a state employee who works in the
280-4 legislative branch of state government and who is normally
280-5 scheduled to work a total of 40 or more hours a week in all
280-6 positions held in the legislative branch.
280-7 (2) "Part-time state employee" means a state employee
280-8 who is not a full-time state employee.
280-9 (3) "State employee" means an individual who:
280-10 (A) is covered by Chapter 654;
280-11 (B) holds a line item or exempt position;
280-12 (C) works in a nonacademic position at a state
280-13 institution of higher education at least 20 hours a week for at
280-14 least 4.5 consecutive months; or
280-15 (D) is an hourly employee of the state.
280-16 (V.A.C.S. Art. 6813d-1, Secs. 1(1), (2), (3), (4).)
280-17 Sec. 659.042. EXCLUSIONS. The following are not entitled to
280-18 longevity pay under this subchapter:
280-19 (1) a member of the legislature;
280-20 (2) an individual who holds a statewide office that is
280-21 normally filled by vote of the people;
280-22 (3) an independent contractor or an employee of an
280-23 independent contractor;
280-24 (4) a temporary employee;
280-25 (5) an officer or employee of a public junior college;
280-26 or
280-27 (6) an academic employee of a state institution of
281-1 higher education. (V.A.C.S. Art. 6813d-1, Sec. 1(5).)
281-2 Sec. 659.043. ENTITLEMENT. A state employee is entitled to
281-3 longevity pay to be included in the employee's monthly compensation
281-4 if the employee:
281-5 (1) is a full-time state employee on the first workday
281-6 of the month;
281-7 (2) is not on leave without pay on the first workday
281-8 of the month; and
281-9 (3) has accrued at least five years of lifetime
281-10 service credit not later than the last day of the preceding month.
281-11 (V.A.C.S. Art. 6813d-1, Sec. 2.)
281-12 Sec. 659.044. AMOUNT. (a) The monthly amount of longevity
281-13 pay is $4 for each year of lifetime service credit.
281-14 (b) The amount increases when the 10th, 15th, 20th, and 25th
281-15 years of lifetime service credit are accrued.
281-16 (c) An increase is effective beginning with the month
281-17 following the month in which the 10th, 15th, 20th, and 25th years
281-18 of lifetime service credit are accrued.
281-19 (d) An employee may not receive from the state as longevity
281-20 pay more than $4 for each year of lifetime service credit,
281-21 regardless of the number of positions the employee holds or the
281-22 number of hours the employee works each week. (V.A.C.S. Art.
281-23 6813d-1, Sec. 3.)
281-24 Sec. 659.045. CHANGE IN STATUS. If a state employee ceases
281-25 being a full-time state employee after the first workday of a month
281-26 but otherwise qualifies for longevity pay, the employee's
281-27 compensation for the month includes full longevity pay. (V.A.C.S.
282-1 Art. 6813d-1, Sec. 4.)
282-2 Sec. 659.046. ACCRUAL OF LIFETIME SERVICE CREDIT. (a) An
282-3 employee accrues lifetime service credit for the period in which
282-4 the employee:
282-5 (1) serves as a full-time, part-time, or temporary
282-6 state employee or otherwise serves as an employee of the state;
282-7 (2) serves as a member of the legislature;
282-8 (3) holds a statewide office that is normally filled
282-9 by vote of the people; or
282-10 (4) serves as an academic employee of a state
282-11 institution of higher education.
282-12 (b) An employee who is on leave without pay for an entire
282-13 calendar month does not accrue lifetime service credit for the
282-14 month. An employee who is on leave without pay for less than an
282-15 entire calendar month accrues lifetime service credit for the month
282-16 if the employee otherwise qualifies to accrue credit under
282-17 Subsection (a).
282-18 (c) An employee who simultaneously holds two or more
282-19 positions that each accrue lifetime service credit accrues credit
282-20 for only one of the positions.
282-21 (d) An employee who begins working on the first workday of a
282-22 month in a position that accrues lifetime service credit is
282-23 considered to have begun working on the first day of the month.
282-24 (e) An employee does not accrue lifetime service credit for
282-25 a period in which the employee serves as an officer or employee of
282-26 a public junior college. (V.A.C.S. Art. 6813d-1, Sec. 5.)
282-27 Sec. 659.047. COMPTROLLER RULES. The comptroller shall
283-1 adopt rules to administer this subchapter. (V.A.C.S. Art. 6813d-1,
283-2 Sec. 6.)
283-3 (Sections 659.048-659.060 reserved for expansion)
283-4 SUBCHAPTER E. ADDITIONAL COMPENSATION AND EXPENSES
283-5 Sec. 659.061. EXPENSES OF EMPLOYEES INJURED OR KILLED WHILE
283-6 ON DUTY. In addition to other benefits of employment provided by
283-7 law, a state agency may, to the extent authorized by an
283-8 appropriation for the purpose, spend appropriated funds to pay for
283-9 drugs and medical, hospital, laboratory, and funeral expenses of an
283-10 employee under the jurisdiction and control of the agency:
283-11 (1) who is injured or killed while engaged in the
283-12 performance of a necessary governmental function assigned to the
283-13 employee; or
283-14 (2) whose duties require the employee to be exposed to
283-15 unavoidable dangers peculiar to the performance of a necessary
283-16 governmental function. (V.A.C.S. Art. 6822a.)
283-17 Sec. 659.062. HAZARDOUS DUTY PAY. (a) An eligible employee
283-18 is entitled to hazardous duty pay of $7 a month for each year of
283-19 service as an employee of this state in a position that requires
283-20 the performance of hazardous duty, not to exceed 30 years of such
283-21 service. Except as provided by Subsection (c), this hazardous duty
283-22 pay is instead of other hazardous duty or longevity pay.
283-23 (b) The following employees are eligible for hazardous duty
283-24 pay under this section:
283-25 (1) commissioned law enforcement personnel of the
283-26 Department of Public Safety;
283-27 (2) commissioned law enforcement personnel of the
284-1 General Services Commission;
284-2 (3) a commissioned security officer of the state
284-3 treasury;
284-4 (4) commissioned law enforcement personnel of the
284-5 Texas Alcoholic Beverage Commission;
284-6 (5) a law enforcement officer commissioned by the
284-7 Parks and Wildlife Commission;
284-8 (6) a commissioned peace officer of a state
284-9 institution of higher education;
284-10 (7) commissioned law enforcement personnel of the
284-11 institutional division of the Texas Department of Criminal Justice;
284-12 (8) an employee or official of the Board of Pardons
284-13 and Paroles or the pardons and paroles division of the Texas
284-14 Department of Criminal Justice who has routine direct contact with
284-15 inmates of any penal or correctional institution or with
284-16 administratively released prisoners subject to the board's
284-17 jurisdiction; and
284-18 (9) an employee certified to the Employees Retirement
284-19 System of Texas under Section 815.505 as having performed as a law
284-20 enforcement officer or custodial officer during a fiscal year.
284-21 (c) A state employee who has received longevity pay under
284-22 Subchapter D for service in a position that does not require the
284-23 performance of hazardous duty and who transfers to a position for
284-24 which the employee is eligible to receive hazardous duty pay is
284-25 entitled to continue to receive longevity pay for the years of
284-26 service to the state performed in the prior position. The employee
284-27 is not entitled to additional longevity pay for the period in which
285-1 the employee receives hazardous duty pay, but that period is
285-2 included in computing the employee's total years of service as an
285-3 employee of the state.
285-4 (d) A state employee who, after performance in a position
285-5 that requires the performance of hazardous duty, transfers to a
285-6 position that does not require the performance of hazardous duty is
285-7 not entitled to a continuation of the hazardous duty pay earned in
285-8 the prior position but is entitled to longevity pay for each year
285-9 of service as an employee of the state, including the years of
285-10 service in a position for which the employee was entitled to
285-11 hazardous duty pay. (V.A.C.S. Art. 6252-20b.)
285-12 (Sections 659.063-659.080 reserved for expansion)
285-13 SUBCHAPTER F. METHOD AND FREQUENCY OF PAYMENT
285-14 Sec. 659.081. PAYMENT ONCE A MONTH. Except as provided by
285-15 this subchapter, annual salaries for state officers and employees
285-16 shall be paid once a month. (V.A.C.S. Art. 6826, Sec. 1 (part).)
285-17 Sec. 659.082. PAYMENT TWICE A MONTH. An employee is
285-18 entitled to be paid employment compensation twice a month if:
285-19 (1) the employee is employed by:
285-20 (A) the Texas Department of Mental Health and
285-21 Mental Retardation;
285-22 (B) the Texas Department of Transportation;
285-23 (C) the Texas Department of Human Services;
285-24 (D) the Texas Employment Commission; or
285-25 (E) any other state agency designated by the
285-26 comptroller;
285-27 (2) the employee holds a classified position under the
286-1 state's position classification plan;
286-2 (3) the employee's position is classified below salary
286-3 group 12 under the classification salary schedule in the General
286-4 Appropriations Act;
286-5 (4) the employing state agency satisfies the
286-6 comptroller's requirements relating to the payment of compensation
286-7 twice a month; and
286-8 (5) at least 30 percent of the eligible employees of
286-9 the agency choose to be paid twice a month. (V.A.C.S. Art. 6826,
286-10 Sec. 2.)
286-11 Sec. 659.083. PAYDAY. (a) Except as provided by Subsection
286-12 (b), the treasurer may not pay the salary of a state officer or
286-13 employee before the first working day of the month following the
286-14 payroll period.
286-15 (b) The treasurer shall pay an employee who is paid twice a
286-16 month under Section 659.082 on:
286-17 (1) the first working day of the month following the
286-18 payroll period that covers the last half of the preceding month;
286-19 and
286-20 (2) the 15th day of the month or the first working day
286-21 after the 15th for the payroll period that covers the first half of
286-22 the month.
286-23 (c) In this section, "working day" means a day other than
286-24 Saturday, Sunday, a national holiday, or a state holiday as listed
286-25 in the General Appropriations Act or Chapter 662. A day does not
286-26 cease to be a holiday because a state agency maintains or is
286-27 required to maintain a minimum working staff on the holiday.
287-1 (V.A.C.S. Art. 6826, Sec. 3.)
287-2 Sec. 659.084. ELECTRONIC FUNDS TRANSFER. Salaries for state
287-3 officers and employees paid once a month shall be paid through
287-4 electronic funds transfer under Section 403.016 unless paid on
287-5 warrant as permitted under that section. (V.A.C.S. Art. 6826, Sec.
287-6 1 (part).)
287-7 CHAPTER 660. TRAVEL EXPENSES
287-8 SUBCHAPTER A. GENERAL PROVISIONS
287-9 Sec. 660.001. SHORT TITLE
287-10 Sec. 660.002. DEFINITIONS
287-11 Sec. 660.003. APPLICABILITY
287-12 Sec. 660.004. EXPENSES INCURRED BY OFFICIALS OR EMPLOYEES OF
287-13 INSTITUTIONS OF HIGHER EDUCATION
287-14 Sec. 660.005. TRAVEL BY PUBLIC CONVEYANCE
287-15 (Sections 660.006-660.020 reserved for expansion)
287-16 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
287-17 Sec. 660.021. RULES
287-18 Sec. 660.022. APPROVAL OF RULES BY ATTORNEY GENERAL
287-19 Sec. 660.023. FILING OF RULES
287-20 Sec. 660.024. ADVANCE APPROVAL FOR CERTAIN INTERNATIONAL
287-21 TRAVEL
287-22 Sec. 660.025. ADVANCE PAYMENT PROCEDURE
287-23 Sec. 660.026. REVOLVING PETTY CASH FUND
287-24 (Sections 660.027-660.040 reserved for expansion)
287-25 SUBCHAPTER C. TRAVEL EXPENSES
287-26 Sec. 660.041. TRAVEL EXPENSE FORM
287-27 Sec. 660.042. USE OF TRAVEL EXPENSE FORM
288-1 Sec. 660.043. AMOUNT OF REIMBURSEMENT OR ADVANCE
288-2 Sec. 660.044. RATE OF AND METHOD OF COMPUTING PER DIEM AND
288-3 TRANSPORTATION ALLOWANCE
288-4 Sec. 660.045. PROHIBITION APPLICABLE TO PER DIEM ALLOWANCE
288-5 Sec. 660.046. APPROVAL AND PAYMENT OF CLAIM
288-6 Sec. 660.047. PROHIBITION APPLICABLE TO ACCEPTANCE OF MONEY
288-7 FROM CERTAIN PERSONS
288-8 Sec. 660.048. OVERPAYMENT
288-9 Sec. 660.049. PROHIBITION APPLICABLE TO TRAVEL COMPENSATION BY
288-10 OTHER PERSONS
288-11 Sec. 660.050. LOCAL TRANSPORTATION ALLOWANCE
288-12 Sec. 660.051. COURTESY CARD
288-13 Sec. 660.052. DETERMINATION OF MILEAGE FOR TRAVEL BY PRIVATELY
288-14 OWNED CONVEYANCE
288-15 Sec. 660.053. DETERMINATION OF MILEAGE FOR TRAVEL BY PERSONAL
288-16 CAR
288-17 Sec. 660.054. MULTIPLE USE OF SINGLE PRIVATELY OWNED CONVEYANCE
288-18 BY STATE EMPLOYEES
288-19 Sec. 660.055. MULTIPLE USE OF SINGLE PRIVATELY OWNED CAR
288-20 CHAPTER 660. TRAVEL EXPENSES
288-21 SUBCHAPTER A. GENERAL PROVISIONS
288-22 Sec. 660.001. SHORT TITLE. This chapter may be cited as the
288-23 Travel Regulations Act. (V.A.C.S. Art. 6823a, Sec. 1.)
288-24 Sec. 660.002. DEFINITIONS. In this chapter:
288-25 (1) "Chief administrator of a state agency" means:
288-26 (A) an elected state official, excluding a
288-27 member of the legislature;
289-1 (B) an appointed state official, including an
289-2 official whose appointment is subject to senate confirmation;
289-3 (C) the director of a legislative interim
289-4 committee or board;
289-5 (D) the chief administrator of a state hospital
289-6 or special school; and
289-7 (E) the chief administrator of a state
289-8 institution of higher education.
289-9 (2) "Per diem allowance" means a flat daily rate that
289-10 is paid instead of actual expenses for meals and lodging and is
289-11 compensation for official travel purposes only. (V.A.C.S. Art.
289-12 6823a, Secs. 2 (part), 3.a (part).)
289-13 Sec. 660.003. APPLICABILITY. This chapter applies to:
289-14 (1) a state officer;
289-15 (2) a chief administrator of a state agency;
289-16 (3) a state employee; and
289-17 (4) a prospective state employee who incurs expenses
289-18 when required to visit a state agency, department, or institution
289-19 of higher education for an employment interview and evaluation.
289-20 (V.A.C.S. Art. 6823a, Sec. 2 (part).)
289-21 Sec. 660.004. EXPENSES INCURRED BY OFFICIALS OR EMPLOYEES OF
289-22 INSTITUTIONS OF HIGHER EDUCATION. (a) This chapter does not apply
289-23 to the reimbursement for travel expenses that are:
289-24 (1) incurred by an official or employee of the
289-25 athletic department of an institution of higher education;
289-26 (2) paid an official or employee of an institution of
289-27 higher education from a gift or bequest; or
290-1 (3) paid or reimbursed to an institution of higher
290-2 education for travel by an officer or employee of the institution
290-3 under a contract between the institution and the federal government
290-4 or another contracting agency.
290-5 (b) The governing board of each institution of higher
290-6 education shall adopt necessary rules for the administration and
290-7 control of travel by an official or employee exempted by this
290-8 section. (V.A.C.S. Art. 6823a, Sec. 11.)
290-9 Sec. 660.005. TRAVEL BY PUBLIC CONVEYANCE. This chapter
290-10 does not prohibit the reimbursement of a claim, or a request for an
290-11 advance payment, by a state officer or employee for using a public
290-12 conveyance. (V.A.C.S. Art. 6823a, Sec. 10 (part).)
290-13 (Sections 660.006-660.020 reserved for expansion)
290-14 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
290-15 Sec. 660.021. RULES. The comptroller shall adopt rules to
290-16 administer the travel regulations of this chapter and of the
290-17 General Appropriations Act. (V.A.C.S. Art. 6823a, Sec. 6(a)
290-18 (part).)
290-19 Sec. 660.022. APPROVAL OF RULES BY ATTORNEY GENERAL. A rule
290-20 adopted by the comptroller under this chapter is subject to final
290-21 approval of the attorney general. (V.A.C.S. Art. 6823a, Sec. 6(a)
290-22 (part).)
290-23 Sec. 660.023. FILING OF RULES. Official copies of rules,
290-24 including administrative policies or interpretations of the rules,
290-25 shall be filed with the secretary of state after approval of the
290-26 rules by the attorney general. (V.A.C.S. Art. 6823a, Sec. 6(a)
290-27 (part).)
291-1 Sec. 660.024. ADVANCE APPROVAL FOR CERTAIN INTERNATIONAL
291-2 TRAVEL. (a) Travel related to official state business for which a
291-3 reimbursement for travel expenses is claimed or for which an
291-4 advance for travel expenses to be incurred is sought must have the
291-5 advance written approval of the governor.
291-6 (b) Subsection (a) does not apply to travel:
291-7 (1) in this state; or
291-8 (2) to, in, and from another state, Mexico, or Canada.
291-9 (c) The governor may give blanket authority for travel by:
291-10 (1) personnel of the International Trade Commission of
291-11 the Texas Department of Commerce; and
291-12 (2) law enforcement personnel of the Department of
291-13 Public Safety. (V.A.C.S. Art. 6823a, Sec. 5.)
291-14 Sec. 660.025. ADVANCE PAYMENT PROCEDURE. (a) The
291-15 comptroller by rule shall establish a procedure by which a state
291-16 officer or employee may receive an advance payment for projected
291-17 travel expenses for a particular exercise of official duty.
291-18 (b) The comptroller shall require a final accounting after
291-19 actual travel expense has been determined to provide for any
291-20 necessary reimbursement or adjustment to reconcile an advance and
291-21 the actual expense incurred. (V.A.C.S. Art. 6823a, Sec. 6.g.)
291-22 Sec. 660.026. REVOLVING PETTY CASH FUND. (a) A state
291-23 agency, board, commission, department, or institution may establish
291-24 from money in the state treasury or from local funds a revolving
291-25 petty cash fund to be used only to advance projected travel
291-26 expenses in accordance with Section 660.025.
291-27 (b) The revolving petty cash fund shall be reimbursed by:
292-1 (1) warrants drawn and approved by the comptroller
292-2 from money in the state treasury; or
292-3 (2) checks drawn against money held outside the state
292-4 treasury. (V.A.C.S. Art. 6823a, Sec. 3.c.)
292-5 (Sections 660.027-660.040 reserved for expansion)
292-6 SUBCHAPTER C. TRAVEL EXPENSES
292-7 Sec. 660.041. TRAVEL EXPENSE FORM. The comptroller shall
292-8 prescribe the form on which a travel expense is to be submitted.
292-9 (V.A.C.S. Art. 6823a, Sec. 6(a) (part).)
292-10 Sec. 660.042. USE OF TRAVEL EXPENSE FORM. (a) A state
292-11 agency shall use the standard travel expense form prescribed by the
292-12 comptroller in preparing an expense account for a traveling state
292-13 employee.
292-14 (b) The travel expense form must state:
292-15 (1) the point of origin and the point of destination
292-16 for each trip;
292-17 (2) the reimbursable mileage, including intra-city
292-18 mileage, that is traveled or projected between each point;
292-19 (3) the time that the employee is away, or plans to be
292-20 away, from designated headquarters for which the employee is, or
292-21 will be, entitled to travel expenses; and
292-22 (4) briefly and clearly the purpose of the trip and
292-23 the character of official business performed or to be performed.
292-24 (V.A.C.S. Art. 6823a, Sec. 6.b.)
292-25 Sec. 660.043. AMOUNT OF REIMBURSEMENT OR ADVANCE. A
292-26 reimbursement or advance from money appropriated by the legislature
292-27 for travel and other necessary expenses incurred by a state
293-1 officer, chief administrator of a state agency, or a state employee
293-2 in the active discharge of the person's duties is in the amount
293-3 provided by the General Appropriations Act as a per diem or actual
293-4 expenses as provided by the General Appropriations Act. (V.A.C.S.
293-5 Arts. 6813c; 6823a, Sec. 3.a (part).)
293-6 Sec. 660.044. RATE OF AND METHOD OF COMPUTING PER DIEM AND
293-7 TRANSPORTATION ALLOWANCE. The rate of and method of computing a
293-8 per diem or transportation allowance are those provided by the
293-9 General Appropriations Act. (V.A.C.S. Art. 6823a, Sec. 3.b.)
293-10 Sec. 660.045. PROHIBITION APPLICABLE TO PER DIEM ALLOWANCE.
293-11 (a) A state employee may not receive a per diem allowance or a
293-12 partial per diem allowance provided by the General Appropriations
293-13 Act for time during which the employee is:
293-14 (1) at the employee's official designated
293-15 headquarters;
293-16 (2) absent from the employee's place of employment for
293-17 a reason not connected with the duties of the employee's agency,
293-18 including absence for a personal reason; or
293-19 (3) away from the employee's designated headquarters
293-20 for less than six consecutive hours.
293-21 (b) A state employee who leaves the employee's place of
293-22 employment for a reason not related to the duties of the employee's
293-23 agency shall clearly indicate on the required travel expense form
293-24 the absence and the hour and date of departure from and return to
293-25 the employee's place of employment. (V.A.C.S. Art. 6823a, Sec. 9.)
293-26 Sec. 660.046. APPROVAL AND PAYMENT OF CLAIM. (a) The
293-27 comptroller shall approve or disapprove a claim for travel expense.
294-1 (b) The comptroller shall issue a warrant for payment of an
294-2 approved claim for travel expense. (V.A.C.S. Art. 6823a, Sec. 6(a)
294-3 (part).)
294-4 Sec. 660.047. PROHIBITION APPLICABLE TO ACCEPTANCE OF MONEY
294-5 FROM CERTAIN PERSONS. (a) A state officer or employee who is
294-6 traveling to perform an official duty may not accept money for
294-7 wages or expenses from a person who is, or who may be, audited,
294-8 examined, inspected, or investigated by the state.
294-9 (b) A state officer or employee who is traveling to perform
294-10 an official duty may receive travel expenses only from amounts
294-11 appropriated by the General Appropriations Act.
294-12 (c) The comptroller may not pay the salary of a state
294-13 employee who violates this section. (V.A.C.S. Art. 6823a, Sec. 4.)
294-14 Sec. 660.048. OVERPAYMENT. A state officer or employee who
294-15 receives an overpayment for a travel expense from money
294-16 appropriated by the General Appropriations Act shall reimburse the
294-17 state for the overpayment. (V.A.C.S. Art. 6823a, Sec. 6.f.)
294-18 Sec. 660.049. PROHIBITION APPLICABLE TO TRAVEL COMPENSATION
294-19 BY OTHER PERSONS. (a) A state officer or employee may not receive
294-20 a double travel expense payment.
294-21 (b) A state employee who is to be compensated for travel
294-22 expenses from a person other than a state agency may not seek an
294-23 advance payment or receive a reimbursement for the travel from
294-24 money authorized by the General Appropriations Act. (V.A.C.S. Art.
294-25 6823a, Sec. 7.)
294-26 Sec. 660.050. LOCAL TRANSPORTATION ALLOWANCE. (a) A state
294-27 employee whose duties customarily require travel within the
295-1 employee's designated headquarters may be paid a local
295-2 transportation allowance for the travel.
295-3 (b) The allowance may not exceed the transportation
295-4 allowance for use of a privately owned automobile under the General
295-5 Appropriations Act.
295-6 (c) Notwithstanding the General Appropriations Act, a state
295-7 employee with a physical disability that precludes the personal
295-8 operation of a privately owned automobile may receive a reasonable
295-9 local transportation allowance not to exceed the amount to which
295-10 the employee would be entitled for similar travel outside the
295-11 employee's designated headquarters. (V.A.C.S. Art. 6823a, Sec. 8.)
295-12 Sec. 660.051. COURTESY CARD. A state officer or employee
295-13 may use a courtesy card for travel by air, rail, or bus. (V.A.C.S.
295-14 Art. 6823a, Sec. 10 (part).)
295-15 Sec. 660.052. DETERMINATION OF MILEAGE FOR TRAVEL BY
295-16 PRIVATELY OWNED CONVEYANCE. The comptroller shall determine
295-17 mileage for the purpose of a reimbursement or advance payment for
295-18 travel by a privately owned conveyance by:
295-19 (1) computing the shortest highway distance between
295-20 the point of origin and the destination using intermediate points
295-21 at which official state business is conducted; and
295-22 (2) adding other necessary mileage at points at which
295-23 official state business is conducted. (V.A.C.S. Art. 6823a, Sec.
295-24 6.c (part).)
295-25 Sec. 660.053. DETERMINATION OF MILEAGE FOR TRAVEL BY
295-26 PERSONAL CAR. In determining the amount of a reimbursement or
295-27 advance payment for travel by privately owned car in the state, the
296-1 comptroller shall:
296-2 (1) compute all distances according to the shortest
296-3 route between points;
296-4 (2) adopt a mileage guide that includes a chart of
296-5 distances showing the shortest route between points in the state,
296-6 including any farm-to-market road; and
296-7 (3) annually reissue the mileage guide. (V.A.C.S.
296-8 Art. 6823a, Sec. 6.c (part).)
296-9 Sec. 660.054. MULTIPLE USE OF SINGLE PRIVATELY OWNED
296-10 CONVEYANCE BY STATE EMPLOYEES. (a) If two or more state employees
296-11 travel in a single privately owned conveyance, only one employee
296-12 may receive a transportation allowance.
296-13 (b) This section does not prohibit each state employee
296-14 traveling in a privately owned conveyance from receiving a per diem
296-15 allowance. (V.A.C.S. Art. 6823a, Sec. 6.d.)
296-16 Sec. 660.055. MULTIPLE USE OF SINGLE PRIVATELY OWNED CAR.
296-17 (a) If two, three, or four state officers or employees travel in a
296-18 privately owned car, only one reimbursement or advance payment for
296-19 the car's mileage may be claimed and allowed.
296-20 (b) The comptroller shall consider the travel claims of the
296-21 officers and employees as multiple claims and may pay only one
296-22 claim to the extent of mileage claimed.
296-23 (c) If more than four employees travel in more than one car,
296-24 full mileage is allowed for one car for each four employees and for
296-25 any fraction in excess of a multiple of four employees.
296-26 (d) A state officer or employee must obtain the advance
296-27 approval of the chief administrator of the officer's or employee's
297-1 state agency if it is not feasible for the officer or employee to
297-2 travel in the same car. Approval under this subsection authorizes
297-3 reimbursement or advance payment for travel by the officer or
297-4 employee using the officer's or employee's privately owned car.
297-5 (e) This section applies only to state officers or employees
297-6 who:
297-7 (1) are employed by the same state agency;
297-8 (2) are required to travel on the same official state
297-9 business;
297-10 (3) have the same itinerary; and
297-11 (4) travel on the same dates. (V.A.C.S. Art. 6823a,
297-12 Sec. 6.e.)
297-13 CHAPTER 661. LEAVE
297-14 SUBCHAPTER A. STATE EMPLOYEE SICK LEAVE POOL
297-15 Sec. 661.001. DEFINITIONS
297-16 Sec. 661.002. SICK LEAVE POOL
297-17 Sec. 661.003. CONTRIBUTION TO POOL
297-18 Sec. 661.004. USE OF TIME IN POOL
297-19 Sec. 661.005. WITHDRAWAL OF TIME FROM POOL
297-20 Sec. 661.006. LIMITATION ON WITHDRAWALS
297-21 Sec. 661.007. EQUAL TREATMENT
297-22 Sec. 661.008. NO ENTITLEMENT TO ESTATE
297-23 (Sections 661.009-661.030 reserved for expansion)
297-24 SUBCHAPTER B. PAYMENT FOR VACATION AND SICK LEAVE TO ESTATES
297-25 OF DECEASED STATE EMPLOYEES
297-26 Sec. 661.031. DEFINITIONS
297-27 Sec. 661.032. APPLICABILITY OF SUBCHAPTER
298-1 Sec. 661.033. PAYMENT FOR VACATION AND SICK LEAVE
298-2 Sec. 661.034. COMPUTATION OF PAYMENT
298-3 Sec. 661.035. COMPUTATION OF TOTAL ACCUMULATED LEAVE;
298-4 HOLIDAY TIME
298-5 Sec. 661.036. PAYMENT CHARGED TO CERTAIN FISCAL YEAR
298-6 Sec. 661.037. PAYMENT WITH FUNDS APPROPRIATED FOR SALARIES
298-7 (Sections 661.038-661.060 reserved for expansion)
298-8 SUBCHAPTER C. PAYMENT FOR VACATION TIME TO STATE EMPLOYEES WHO
298-9 SEPARATE FROM STATE EMPLOYMENT
298-10 Sec. 661.061. DEFINITIONS
298-11 Sec. 661.062. ENTITLEMENT TO PAYMENT FOR VACATION TIME
298-12 Sec. 661.063. COMPUTATION OF PAYMENT
298-13 Sec. 661.064. COMPUTATION OF TOTAL ACCUMULATED LEAVE;
298-14 HOLIDAY TIME
298-15 Sec. 661.065. LUMP-SUM PAYMENT
298-16 Sec. 661.066. PAYMENT CHARGED TO CERTAIN FISCAL YEAR
298-17 Sec. 661.067. AGREEMENT FOR STATE EMPLOYEE TO REMAIN ON
298-18 AGENCY PAYROLL
298-19 (Sections 661.068-661.090 reserved for expansion)
298-20 SUBCHAPTER D. PAYMENTS FOR VACATION TIME TO CONTRIBUTING
298-21 MEMBERS OF EMPLOYEES RETIREMENT SYSTEM WHO RETIRE
298-22 Sec. 661.091. PAYMENT FOR VACATION TIME ON RETIREMENT
298-23 Sec. 661.092. COMPUTATION OF PAYMENT
298-24 Sec. 661.093. CONFLICT WITH OTHER SUBCHAPTER
298-25 (Sections 661.094-661.120 reserved for expansion)
298-26 SUBCHAPTER E. VACATION FOR HOURLY AND DAILY STATE EMPLOYEE
298-27 Sec. 661.121. VACATION FOR HOURLY OR DAILY EMPLOYEE
299-1 CHAPTER 661. LEAVE
299-2 SUBCHAPTER A. STATE EMPLOYEE SICK LEAVE POOL
299-3 Sec. 661.001. DEFINITIONS. In this subchapter:
299-4 (1) "Employee" means an individual, other than a state
299-5 officer, employed by a state agency.
299-6 (2) "Executive director" means the individual
299-7 appointed by the governing body of a state agency as chief
299-8 administrative officer of the agency, and includes the chancellor
299-9 or highest executive officer of a university system and the
299-10 president of a public senior college or university as defined by
299-11 Section 61.003, Education Code.
299-12 (3) "Pool administrator" means the individual
299-13 appointed by the governing body of a state agency to administer the
299-14 agency's sick leave pool.
299-15 (4) "State agency" means:
299-16 (A) a board, commission, department, or other
299-17 agency in the executive branch of state government created by the
299-18 constitution or a statute of the state;
299-19 (B) an institution of higher education as
299-20 defined by Section 61.003, Education Code;
299-21 (C) a river authority;
299-22 (D) a legislative agency, but not either house
299-23 or a member of the legislature; or
299-24 (E) the supreme court, the court of criminal
299-25 appeals, a court of appeals, or a state judicial agency.
299-26 (5) "State officer" means an elected or appointed
299-27 officer of a state agency or an executive director. (V.A.C.S. Art.
300-1 6252-8e, Sec. 1.)
300-2 Sec. 661.002. SICK LEAVE POOL. (a) The governing body of a
300-3 state agency shall, through the establishment of a program, allow
300-4 an agency employee to voluntarily transfer to a sick leave pool
300-5 sick leave earned by the employee.
300-6 (b) The executive director of the agency or another
300-7 individual appointed by the governing body shall administer the
300-8 sick leave pool.
300-9 (c) The governing body of the state agency shall adopt rules
300-10 and prescribe procedures relating to the operation of the agency
300-11 sick leave pool. (V.A.C.S. Art. 6252-8e, Secs. 3(a), (b).)
300-12 Sec. 661.003. CONTRIBUTION TO POOL. (a) To contribute to
300-13 the sick leave pool, an employee must apply to the pool
300-14 administrator in the manner prescribed by the governing body of the
300-15 state agency.
300-16 (b) On approval by the pool administrator, an employee may
300-17 contribute in a fiscal year at least one but not more than three
300-18 days of the employee's accrued sick leave.
300-19 (c) The pool administrator shall credit the sick leave pool
300-20 with the amount of time contributed by an employee and deduct a
300-21 corresponding amount of time from the employee's earned sick leave
300-22 as if the employee had used the time for personal purposes.
300-23 (V.A.C.S. Art. 6252-8e, Sec. 5.)
300-24 Sec. 661.004. USE OF TIME IN POOL. (a) An employee is
300-25 eligible to use time contributed to the sick leave pool of the
300-26 agency if the employee has exhausted the employee's sick leave
300-27 because of:
301-1 (1) a catastrophic illness or injury; or
301-2 (2) a previous donation of time to the pool.
301-3 (b) The trustee of the state employee uniform group
301-4 insurance benefits program established under the Texas Employees
301-5 Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
301-6 Texas Insurance Code), shall:
301-7 (1) classify, for the purposes of this subchapter,
301-8 those injuries and illnesses that are catastrophic; and
301-9 (2) provide a written statement of the classification
301-10 to the governing body of each state agency. (V.A.C.S. Art.
301-11 6252-8e, Secs. 2(b), 3(c), 4.)
301-12 Sec. 661.005. WITHDRAWAL OF TIME FROM POOL. (a) An
301-13 employee may apply to the pool administrator for permission to
301-14 withdraw time from the sick leave pool.
301-15 (b) If the pool administrator determines that the employee
301-16 is eligible, the administrator shall:
301-17 (1) approve the transfer of time from the pool to the
301-18 employee; and
301-19 (2) credit the time to the employee. (V.A.C.S. Art.
301-20 6252-8e, Sec. 6(a) (part).)
301-21 Sec. 661.006. LIMITATION ON WITHDRAWALS. (a) An employee
301-22 may not withdraw time from the sick leave pool in an amount that
301-23 exceeds the lesser of:
301-24 (1) one-third of the total time in the pool; or
301-25 (2) 90 days.
301-26 (b) The pool administrator shall determine the amount of
301-27 time that an employee may withdraw from the pool. (V.A.C.S. Art.
302-1 6252-8e, Sec. 6(b).)
302-2 Sec. 661.007. EQUAL TREATMENT. An employee absent on time
302-3 withdrawn from the sick leave pool may use the time as sick leave
302-4 earned by the employee, and the employee is treated for all
302-5 purposes as if the employee were absent on earned sick leave.
302-6 (V.A.C.S. Art. 6252-8e, Secs. 6(a) (part), 7.)
302-7 Sec. 661.008. NO ENTITLEMENT TO ESTATE. The estate of a
302-8 deceased employee is not entitled to payment for unused time
302-9 withdrawn by the employee from the sick leave pool. (V.A.C.S. Art.
302-10 6252-8e, Sec. 8.)
302-11 (Sections 661.009-661.030 reserved for expansion)
302-12 SUBCHAPTER B. PAYMENT FOR VACATION AND SICK LEAVE TO ESTATES
302-13 OF DECEASED STATE EMPLOYEES
302-14 Sec. 661.031. DEFINITIONS. In this subchapter:
302-15 (1) "National holiday" includes only those days listed
302-16 under Section 662.003(a).
302-17 (2) "State employee" means an individual who is an
302-18 appointed officer or employee of a state agency and who normally
302-19 works 900 hours or more a year. The term includes:
302-20 (A) an hourly employee;
302-21 (B) a temporary employee;
302-22 (C) a person employed by:
302-23 (i) the Teacher Retirement System;
302-24 (ii) the Central Education Agency;
302-25 (iii) the Texas Higher Education
302-26 Coordinating Board;
302-27 (iv) the Texas National Research
303-1 Laboratory Commission;
303-2 (v) the Texas School for the Blind and
303-3 Visually Impaired;
303-4 (vi) the Texas School for the Deaf;
303-5 (vii) the Texas Youth Commission;
303-6 (viii) the Windham School District of the
303-7 Texas Department of Criminal Justice; or
303-8 (ix) the Texas Rehabilitation Commission;
303-9 and
303-10 (D) a classified, administrative, faculty, or
303-11 professional employee of a state institution or agency of higher
303-12 education who has accumulated vacation leave, sick leave, or both,
303-13 during the employment.
303-14 (3) "State holiday" includes only those days listed
303-15 under Section 662.003(b).
303-16 (4) "Workday" includes a state or national holiday.
303-17 (V.A.C.S. Art. 6252-8a, Secs. 1(a), (c); 2(e).)
303-18 Sec. 661.032. APPLICABILITY OF SUBCHAPTER. (a) This
303-19 subchapter applies only to a state employee who, at any time during
303-20 the employee's lifetime, has accrued six months of continuous state
303-21 employment. State employment is continuous while the employee is
303-22 entitled to be paid a regular salary, except that the continuity of
303-23 state employment is not interrupted while the employee is on a
303-24 leave of absence without pay for less than one calendar month.
303-25 (b) The estates of the following are not entitled to
303-26 payments under this subchapter:
303-27 (1) an individual employed on a piecework basis;
304-1 (2) an individual who holds an office that is normally
304-2 filled by vote of the people;
304-3 (3) an independent contractor or an employee of an
304-4 independent contractor;
304-5 (4) an operator of equipment or a driver of a team
304-6 whose wages are included in the rental paid by a state agency to
304-7 the owner of the equipment or team; or
304-8 (5) an individual covered by:
304-9 (A) the Judicial Retirement System of Texas Plan
304-10 One;
304-11 (B) the Judicial Retirement System of Texas Plan
304-12 Two; or
304-13 (C) the Teacher Retirement System of Texas,
304-14 other than an individual described by Section 661.031(2)(C).
304-15 (V.A.C.S. Art. 6252-8a, Secs. 1(b) (part); 3A(a), (b), (c).)
304-16 Sec. 661.033. PAYMENT FOR VACATION AND SICK LEAVE. (a)
304-17 When a state employee dies, the state shall pay the employee's
304-18 estate for the balances of the employee's:
304-19 (1) vacation leave; and
304-20 (2) sick leave.
304-21 (b) Payment under this section shall comply with any limits
304-22 in the General Appropriations Act, except as provided by Subsection
304-23 (c).
304-24 (c) Payment under this section may not be for more than:
304-25 (1) all of the state employee's accumulated vacation
304-26 leave; and
304-27 (2) one-half of the state employee's accumulated sick
305-1 leave. (V.A.C.S. Art. 6252-8a, Sec. 2(a).)
305-2 Sec. 661.034. COMPUTATION OF PAYMENT. (a) The payment to
305-3 the estate of the deceased state employee shall be computed by
305-4 multiplying the employee's hourly rate of compensation at the time
305-5 of death by the total number of leave hours determined under
305-6 Section 661.035.
305-7 (b) Under this section, rate of compensation:
305-8 (1) includes an emolument in lieu of base pay for
305-9 which the state employee was eligible on the last day of
305-10 employment; and
305-11 (2) does not include longevity or hazardous duty pay.
305-12 (V.A.C.S. Art. 6252-8a, Sec. 2(b).)
305-13 Sec. 661.035. COMPUTATION OF TOTAL ACCUMULATED LEAVE;
305-14 HOLIDAY TIME. (a) For a state employee who at the time of death
305-15 is normally scheduled to work at least 40 hours a week, eight hours
305-16 is to be added to the employee's sick and vacation leave under
305-17 Section 661.034 for each state or national holiday that is
305-18 scheduled to fall within the period after the date of death and
305-19 during which the employee could have used leave. To determine the
305-20 period during which leave could have been used and the number of
305-21 state or national holidays, the employee's leave is allocated over
305-22 the workdays after the employee's death and eight hours is added as
305-23 a state or national holiday occurs during the period.
305-24 (b) For a state employee who at the time of death is
305-25 normally scheduled to work fewer than 40 hours a week, the number
305-26 of hours that is to be added to the employee's accumulated sick and
305-27 vacation leave for each state or national holiday is computed as
306-1 provided by Subsection (a), but is to be proportionally reduced
306-2 according to the fewer number of the employee's normally scheduled
306-3 weekly work hours. (V.A.C.S. Art. 6252-8a, Sec. 2(c).)
306-4 Sec. 661.036. PAYMENT CHARGED TO CERTAIN FISCAL YEAR. A
306-5 state agency shall charge a payment required by Section 661.033 to
306-6 the fiscal year in which the state employee dies. (V.A.C.S. Art.
306-7 6252-8a, Sec. 3 (part).)
306-8 Sec. 661.037. PAYMENT WITH FUNDS APPROPRIATED FOR SALARIES.
306-9 A state agency shall use funds appropriated to the agency for
306-10 salaries to make a payment required by Section 661.033. (V.A.C.S.
306-11 Art. 6252-8a, Sec. 3 (part).)
306-12 (Sections 661.038-661.060 reserved for expansion)
306-13 SUBCHAPTER C. PAYMENT FOR VACATION TIME TO STATE EMPLOYEES
306-14 WHO SEPARATE FROM STATE EMPLOYMENT
306-15 Sec. 661.061. DEFINITIONS. In this subchapter:
306-16 (1) "National holiday" includes only those days listed
306-17 under Section 662.003(a).
306-18 (2) "State employee" means an employee or appointed
306-19 officer of a state agency. The term includes:
306-20 (A) a full-time employee or officer;
306-21 (B) a part-time employee or officer;
306-22 (C) an hourly employee;
306-23 (D) a temporary employee;
306-24 (E) a person employed by:
306-25 (i) the Teacher Retirement System;
306-26 (ii) the Central Education Agency;
306-27 (iii) the Texas Higher Education
307-1 Coordinating Board;
307-2 (iv) the Texas National Research
307-3 Laboratory Commission;
307-4 (v) the Texas School for the Blind and
307-5 Visually Impaired;
307-6 (vi) the Texas School for the Deaf;
307-7 (vii) the Texas Youth Commission;
307-8 (viii) the Windham School District of the
307-9 Texas Department of Criminal Justice;
307-10 (ix) the Texas Rehabilitation Commission;
307-11 or
307-12 (F) a classified, administrative, faculty, or
307-13 professional employee of a state institution or agency of higher
307-14 education who has accumulated vacation leave during the employment.
307-15 (3) "State holiday" includes only those days listed
307-16 under Section 662.003(b).
307-17 (4) "Workday" includes a state or national holiday.
307-18 (V.A.C.S. Art. 6252-8b, Secs. 1(b) (part), (d) (part).)
307-19 Sec. 661.062. ENTITLEMENT TO PAYMENT FOR VACATION TIME. (a)
307-20 A state employee who, at any time during the employee's lifetime,
307-21 has accrued six months of continuous state employment and who for
307-22 any reason separates from state employment is entitled to be paid
307-23 for the accrued balance of the employee's vacation time on the date
307-24 of separation.
307-25 (b) A separation from state employment includes a separation
307-26 in which the employee:
307-27 (1) leaves one state agency to begin working for
308-1 another state agency, if one or more workdays occur between the two
308-2 employments;
308-3 (2) moves from a position in a state agency that
308-4 accrues vacation time to a position in that agency that does not
308-5 accrue vacation time, if the agency agrees to pay the employee for
308-6 the accrued balance of the employee's vacation time;
308-7 (3) moves from a position in a state agency that
308-8 accrues vacation time to a position in another state agency that
308-9 does not accrue vacation time, if the other state agency refuses to
308-10 credit the employee for the balance of the employee's vacation on
308-11 the date of the move; or
308-12 (4) holds two or more positions, and separates from
308-13 one that accrues vacation time.
308-14 (c) A separation under Subsection (b)(4) applies only with
308-15 respect to the position from which the separation occurs.
308-16 (d) State employment is continuous for purposes of
308-17 Subsection (a) while the employee is entitled to be paid a regular
308-18 state salary, except that continuity of state employment is not
308-19 interrupted while the employee is on a leave of absence without pay
308-20 for less than one calendar month.
308-21 (e) The following are not entitled to payments under this
308-22 subchapter:
308-23 (1) an individual who holds an office that is normally
308-24 filled by vote of the people;
308-25 (2) an independent contractor or an employee of an
308-26 independent contractor;
308-27 (3) an operator of equipment or a driver of a team
309-1 whose wages are included in the rental paid by a state agency to
309-2 the owner of the equipment or team;
309-3 (4) an individual employed on a piecework basis; or
309-4 (5) an individual covered by:
309-5 (A) the Judicial Retirement System of Texas Plan
309-6 One;
309-7 (B) the Judicial Retirement System of Texas Plan
309-8 Two; or
309-9 (C) the Teacher Retirement System of Texas,
309-10 other than an individual described by Section 661.061(2)(E).
309-11 (V.A.C.S. Art. 6252-8b, Secs. 1(a), (b) (part), (c), (f), (g)
309-12 (part).)
309-13 Sec. 661.063. COMPUTATION OF PAYMENT. (a) The payment to a
309-14 state employee under this subchapter shall be computed by
309-15 multiplying the employee's rate of compensation on the date of
309-16 separation from state employment by the total number of hours of
309-17 vacation time determined under Section 661.064.
309-18 (b) Under this section, rate of compensation:
309-19 (1) includes an emolument in lieu of base pay for
309-20 which the state employee was eligible on the last day of
309-21 employment; and
309-22 (2) does not include longevity or hazardous duty pay.
309-23 (V.A.C.S. Art. 6252-8b, Sec. 1(d)(2).)
309-24 Sec. 661.064. COMPUTATION OF TOTAL ACCUMULATED LEAVE;
309-25 HOLIDAY TIME. (a) For a state employee who on the date of
309-26 separation is normally scheduled to work at least 40 hours a week,
309-27 eight hours are to be added to the employee's accrued vacation time
310-1 for each state or national holiday that is scheduled to fall within
310-2 the period after the date of separation and during which the
310-3 employee could have used the time. To determine the period during
310-4 which vacation time could have been used and the number of state or
310-5 national holidays, the employee's vacation time is allocated over
310-6 the workdays after the employee's separation and eight hours are
310-7 added as a state or national holiday occurs during the period.
310-8 (b) For a state employee who on the date of separation is
310-9 normally scheduled to work fewer than 40 hours a week, the number
310-10 of hours that is to be added to the employee's accrued vacation
310-11 time for each state or national holiday is computed as provided by
310-12 Subsection (a), but is to be proportionally reduced according to
310-13 the fewer number of the employee's normally scheduled weekly work
310-14 hours. (V.A.C.S. Art. 6252-8b, Sec. 1(d)(3).)
310-15 Sec. 661.065. LUMP-SUM PAYMENT. A state agency shall make a
310-16 payment required by this subchapter in a lump sum, except as
310-17 provided by Section 661.067. (V.A.C.S. Art. 6252-8b, Sec.
310-18 1(d)(1).)
310-19 Sec. 661.066. PAYMENT CHARGED TO CERTAIN FISCAL YEAR. A
310-20 state agency shall charge a lump-sum payment required by this
310-21 subchapter to the fiscal year in which the state employee's
310-22 separation from state employment becomes effective. (V.A.C.S. Art.
310-23 6252-8b, Sec. 1(h).)
310-24 Sec. 661.067. AGREEMENT FOR STATE EMPLOYEE TO REMAIN ON
310-25 AGENCY PAYROLL. (a) A state agency may agree to permit an
310-26 employee entitled to payment under this subchapter to remain on the
310-27 agency's payroll to exhaust the employee's accrued vacation time.
311-1 (b) A state employee who remains on the payroll of a state
311-2 agency under this section:
311-3 (1) is entitled to continue to receive all
311-4 compensation and benefits that the state employee was receiving on
311-5 the employee's last day of duty, including paid holidays, longevity
311-6 pay, and hazardous duty pay;
311-7 (2) is entitled to a general salary increase for state
311-8 employees that takes effect before the employee's accrued vacation
311-9 time is exhausted;
311-10 (3) may not use sick leave or accrue sick leave or
311-11 vacation time. (V.A.C.S. Art. 6252-8b, Sec. 1(e).)
311-12 (Sections 661.068-661.090 reserved for expansion)
311-13 SUBCHAPTER D. PAYMENTS FOR VACATION TIME TO CONTRIBUTING MEMBERS
311-14 OF EMPLOYEES RETIREMENT SYSTEM WHO RETIRE
311-15 Sec. 661.091. PAYMENT FOR VACATION TIME ON RETIREMENT. (a)
311-16 A contributing member of the Employees Retirement System of Texas
311-17 who retires is entitled to be paid in a lump sum, from funds of the
311-18 agency or department from which the member retires, for the
311-19 member's accrued vacation time as of the date of retirement.
311-20 (b) A payment required by this section is payable on the
311-21 date of retirement. (V.A.C.S. Art. 6252-8b, Sec. 1A (part).)
311-22 Sec. 661.092. COMPUTATION OF PAYMENT. A payment required by
311-23 this subchapter shall be computed as if the member had taken
311-24 vacation time, using the member's rate of compensation as of the
311-25 date of retirement. (V.A.C.S. Art. 6252-8b, Sec. 1A (part).)
311-26 Sec. 661.093. CONFLICT WITH OTHER SUBCHAPTER. Subchapter C
311-27 of this chapter controls if there is a conflict between Subchapter
312-1 C and this subchapter. (V.A.C.S. Art. 6252-8b, Sec. 1A (part).)
312-2 (Sections 661.094-661.120 reserved for expansion)
312-3 SUBCHAPTER E. VACATION FOR HOURLY AND DAILY STATE EMPLOYEE
312-4 Sec. 661.121. VACATION FOR HOURLY OR DAILY EMPLOYEE. (a) A
312-5 state department, institution, or agency may grant a vacation with
312-6 full pay to an employee:
312-7 (1) whose pay is computed by the hour or by the day;
312-8 and
312-9 (2) who has been continuously employed by the state
312-10 for six months.
312-11 (b) The vacation authorized by this section is for the same
312-12 time as that granted to employees whose pay is computed monthly.
312-13 (V.A.C.S. Art. 6252-8.)
312-14 CHAPTER 662. HOLIDAYS AND RECOGNITION DAYS
312-15 SUBCHAPTER A. HOLIDAYS FOR STATE EMPLOYEES
312-16 Sec. 662.001. DEFINITIONS
312-17 Sec. 662.002. APPLICABILITY TO EMPLOYEE OF THE HOUSE
312-18 OR SENATE
312-19 Sec. 662.003. DATES AND DESCRIPTIONS OF HOLIDAYS
312-20 Sec. 662.004. MINIMUM NUMBER OF EMPLOYEES NEEDED TO CONDUCT
312-21 BUSINESS
312-22 Sec. 662.005. ENTITLEMENT TO PAID DAY OFF
312-23 Sec. 662.006. OPTIONAL HOLIDAY
312-24 Sec. 662.007. COMPENSATORY TIME
312-25 Sec. 662.008. PART-TIME STATE EMPLOYEES
312-26 Sec. 662.009. EMPLOYEE WORKING OTHER THAN MONDAY THROUGH
312-27 FRIDAY
313-1 Sec. 662.010. HOLIDAY BEFORE WORK BEGINS OR AFTER
313-2 WORK ENDS
313-3 Sec. 662.011. HOLIDAYS FOR INSTITUTIONS OF HIGHER
313-4 EDUCATION
313-5 (Sections 662.012-662.020 reserved for expansion)
313-6 SUBCHAPTER B. LEGAL HOLIDAYS
313-7 Sec. 662.021. DATES OF HOLIDAYS
313-8 Sec. 662.022. CLOSURE OF PUBLIC OFFICES
313-9 Sec. 662.023. PRESENTMENT, NOTICE OF DISHONOR, AND PROTEST
313-10 OF CERTAIN COMMERCIAL PAPER
313-11 (Sections 662.024-662.040 reserved for expansion)
313-12 SUBCHAPTER C. RECOGNITION DAYS
313-13 Sec. 662.041. SAM RAYBURN DAY
313-14 Sec. 662.042. FORMER PRISONERS OF WAR RECOGNITION DAY
313-15 Sec. 662.043. INTERNATIONAL TRADE AWARENESS WEEK
313-16 Sec. 662.044. COLUMBUS DAY
313-17 Sec. 662.045. FATHER OF TEXAS DAY
313-18 CHAPTER 662. HOLIDAYS AND RECOGNITION DAYS
313-19 SUBCHAPTER A. HOLIDAYS FOR STATE EMPLOYEES
313-20 Sec. 662.001. DEFINITIONS. In this subchapter:
313-21 (1) "Part-time state employee" means an hourly or
313-22 temporary state employee who normally works fewer than 40 hours
313-23 each week.
313-24 (2) "State agency" means a unit of state government,
313-25 including a state board, commission, council, department,
313-26 committee, agency, or office that was created by the constitution
313-27 or a statute of this state and is in any branch of state
314-1 government. The term does not include a local government, a river
314-2 authority, a special district, any other political subdivision, or
314-3 an institution of higher education as defined by Section 61.003,
314-4 Education Code.
314-5 (3) "State employee" means an employee of a state
314-6 agency or an appointed officer whose office is not created by the
314-7 state constitution. The term includes a part-time, hourly, or
314-8 temporary state employee. (V.A.C.S. Art. 4591.2, Secs. 1 (part), 7
314-9 (part).)
314-10 Sec. 662.002. APPLICABILITY TO EMPLOYEE OF THE HOUSE OR
314-11 SENATE. This subchapter applies to a state employee of the house
314-12 of representatives or the senate only at the discretion of the
314-13 presiding officer or the administration committee of each
314-14 respective house. (V.A.C.S. Art. 4591.2, Sec. 9.)
314-15 Sec. 662.003. DATES AND DESCRIPTIONS OF HOLIDAYS. (a) A
314-16 national holiday includes only the following days:
314-17 (1) the first day of January, "New Year's Day";
314-18 (2) the third Monday in January, "Martin Luther King,
314-19 Jr., Day" in observance of the birthday of Dr. Martin Luther King,
314-20 Jr.;
314-21 (3) the third Monday in February, "Presidents' Day";
314-22 (4) the last Monday in May, "Memorial Day";
314-23 (5) the fourth day of July, "Independence Day";
314-24 (6) the first Monday in September, "Labor Day";
314-25 (7) the 11th day of November, "Veteran's Day,"
314-26 dedicated to the cause of world peace and to honoring the veterans
314-27 of all wars in which Texans and other Americans have fought;
315-1 (8) the fourth Thursday in November, "Thanksgiving
315-2 Day"; and
315-3 (9) the 25th day of December, "Christmas Day."
315-4 (b) A state holiday includes only the following days:
315-5 (1) the 19th day of January, "Confederate Heroes Day,"
315-6 in honor of Jefferson Davis, Robert E. Lee, and other Confederate
315-7 heroes;
315-8 (2) the second day of March, "Texas Independence Day";
315-9 (3) the 21st day of April, "San Jacinto Day";
315-10 (4) the 19th day of June, "Emancipation Day in Texas,"
315-11 in honor of the emancipation of the slaves in Texas in 1865;
315-12 (5) the 27th day of August, "Lyndon Baines Johnson
315-13 Day," in observance of the birthday of Lyndon Baines Johnson;
315-14 (6) every day on which an election is held throughout
315-15 the state;
315-16 (7) the Friday after Thanksgiving Day;
315-17 (8) the 24th day of December; and
315-18 (9) the 26th day of December.
315-19 (c) An "optional holiday" includes only the days on which
315-20 Rosh Hashanah, Yom Kippur, or Good Friday falls. (V.A.C.S. Arts.
315-21 4591 (part); 4591.2, Sec. 1 (part); 4591e.)
315-22 Sec. 662.004. MINIMUM NUMBER OF EMPLOYEES NEEDED TO CONDUCT
315-23 BUSINESS. (a) A state agency shall have enough employees on duty
315-24 during a state holiday to conduct the public business of the
315-25 agency.
315-26 (b) This section does not apply to a state holiday that
315-27 falls on a Saturday or Sunday, the Friday after Thanksgiving Day,
316-1 or the 24th or 26th day of December. (V.A.C.S. Art. 4591.2, Sec.
316-2 3.)
316-3 Sec. 662.005. ENTITLEMENT TO PAID DAY OFF. (a) A state
316-4 employee is entitled to a paid day off from work on each national
316-5 or state holiday that does not fall on a Saturday or Sunday.
316-6 (b) This section does not apply to a holiday that the
316-7 General Appropriations Act prohibits state agencies from observing.
316-8 (V.A.C.S. Art. 4591.2, Sec. 2.)
316-9 Sec. 662.006. OPTIONAL HOLIDAY. (a) A state employee is
316-10 entitled to a paid day off on each day of an optional holiday that
316-11 does not fall on a Saturday or Sunday if the employee agrees to
316-12 give up, during the same fiscal year, a state holiday that does not
316-13 fall on a Saturday or Sunday.
316-14 (b) A state employee is entitled to a paid day off on each
316-15 day of an optional holiday that extends for more than one day if
316-16 the employee agrees to give up an equivalent number of state
316-17 holidays.
316-18 (c) A state employee may not agree to give up the Friday
316-19 after Thanksgiving Day or the 24th or 26th day of December.
316-20 (V.A.C.S. Art. 4591.2, Sec. 6.)
316-21 Sec. 662.007. COMPENSATORY TIME. (a) A state employee who
316-22 is required to work on a national or state holiday that does not
316-23 fall on a Saturday or Sunday is entitled to compensatory time off
316-24 during the 12 months after the holiday.
316-25 (b) A state employee must give reasonable notice of the
316-26 employee's intention to use the compensatory time but is not
316-27 required to say how the compensatory time will be used. (V.A.C.S.
317-1 Art. 4591.2, Sec. 4.)
317-2 Sec. 662.008. PART-TIME STATE EMPLOYEES. The pay of a
317-3 part-time state employee for a paid day off to which the employee
317-4 is entitled under this subchapter must be proportionally reduced to
317-5 account for the fewer hours the employee normally works. (V.A.C.S.
317-6 Art. 4591.2, Sec. 7 (part).)
317-7 Sec. 662.009. EMPLOYEE WORKING OTHER THAN MONDAY THROUGH
317-8 FRIDAY. (a) A state employee who normally works 40 hours a week
317-9 on a schedule other than Monday through Friday is entitled to paid
317-10 holiday time off during the fiscal year equal to eight hours
317-11 multiplied by the number of national and state holidays in the
317-12 fiscal year as determined under Section 662.005.
317-13 (b) A state employee to whom Subsection (a) applies who
317-14 works less than the entire fiscal year is entitled to paid holiday
317-15 time off during the fiscal year equal to eight hours multiplied by
317-16 the number of national and state holidays that occur during the
317-17 period worked by the employee under Section 662.005.
317-18 (c) The paid holiday time off of a part-time state employee
317-19 who works on a schedule other than Monday through Friday must be
317-20 proportionally reduced to account for the fewer hours the employee
317-21 normally works. (V.A.C.S. Art. 4591.2, Secs. 5, 7 (part).)
317-22 Sec. 662.010. HOLIDAY BEFORE WORK BEGINS OR AFTER WORK ENDS.
317-23 (a) A state employee who begins working for a state agency on the
317-24 first workday of a month is entitled to be paid for a state or
317-25 national holiday that occurs before the first workday if the
317-26 holiday:
317-27 (1) occurs during the month; and
318-1 (2) does not fall on a Saturday or Sunday.
318-2 (b) A state employee who stops working for a state agency on
318-3 the last workday of a month is entitled to be paid for a state or
318-4 national holiday that occurs after the last workday if the holiday:
318-5 (1) occurs during the month; and
318-6 (2) does not fall on a Saturday or Sunday.
318-7 (c) In this section, "workday" means a day on which a state
318-8 employee is normally scheduled to work. (V.A.C.S. Art. 4591.2,
318-9 Sec. 8.)
318-10 Sec. 662.011. HOLIDAYS FOR INSTITUTIONS OF HIGHER EDUCATION.
318-11 (a) The governing body of an institution of higher education, as
318-12 defined by Section 61.003, Education Code, other than a public
318-13 junior college as defined by that section, may establish the
318-14 holiday schedule for the institution.
318-15 (b) The number of holidays to be observed by the institution
318-16 may not exceed the number of holidays on which an employee of a
318-17 state agency is entitled to a day off. (V.A.C.S. Art. 4591.3.)
318-18 (Sections 662.012-662.020 reserved for expansion)
318-19 SUBCHAPTER B. LEGAL HOLIDAYS
318-20 Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes
318-21 only the following days:
318-22 (1) a national holiday under Section 662.003(a); and
318-23 (2) a state holiday under Sections 662.003(b)(1)-(6).
318-24 (V.A.C.S. Art. 4591 (part).)
318-25 Sec. 662.022. CLOSURE OF PUBLIC OFFICES. A public office of
318-26 this state may be closed on a legal holiday, except as provided by
318-27 Section 662.004. (V.A.C.S. Art. 4591 (part).)
319-1 Sec. 662.023. PRESENTMENT, NOTICE OF DISHONOR, AND PROTEST
319-2 OF CERTAIN COMMERCIAL PAPER. A legal holiday is treated as a
319-3 Sunday for presenting for payment or acceptance, protesting, and
319-4 giving notice of the dishonor of a draft or promissory note.
319-5 (V.A.C.S. Art. 4591 (part).)
319-6 (Sections 662.024-662.040 reserved for expansion)
319-7 SUBCHAPTER C. RECOGNITION DAYS
319-8 Sec. 662.041. SAM RAYBURN DAY. (a) January 6 is Sam
319-9 Rayburn Day in memory of that great Texas and American statesman,
319-10 Sam Rayburn.
319-11 (b) Sam Rayburn Day shall be regularly observed by
319-12 appropriate programs in the public schools and other places to
319-13 commemorate the birthday of Sam Rayburn. (V.A.C.S. Art. 4591b-1.)
319-14 Sec. 662.042. FORMER PRISONERS OF WAR RECOGNITION DAY. (a)
319-15 April 9 is Former Prisoners of War Recognition Day in honor of the
319-16 courage of those Americans who suffered sacrifices and tribulations
319-17 as prisoners of war in the course of their military service on
319-18 behalf of this nation.
319-19 (b) Former Prisoners of War Recognition Day shall be
319-20 regularly observed by appropriate ceremonies. (V.A.C.S.
319-21 Art. 4591b-2.)
319-22 Sec. 662.043. INTERNATIONAL TRADE AWARENESS WEEK. (a) May
319-23 22 through May 26 is International Trade Awareness Week to
319-24 encourage Texas businesses to engage effectively in the promotion
319-25 and development of international trade.
319-26 (b) International Trade Awareness Week shall be observed by
319-27 appropriate ceremonies and activities. (V.A.C.S. Art. 4591.5.)
320-1 Sec. 662.044. COLUMBUS DAY. (a) The second Monday of
320-2 October is Columbus Day in honor of Christopher Columbus.
320-3 (b) Columbus Day shall be regularly observed by appropriate
320-4 ceremonies.
320-5 (c) Public offices of this state shall remain open on
320-6 Columbus Day. (V.A.C.S. Art. 4591.6.)
320-7 Sec. 662.045. FATHER OF TEXAS DAY. (a) November 3 is
320-8 Father of Texas Day in memory of Stephen F. Austin, the great
320-9 pioneer patriot and the real and true Father of Texas.
320-10 (b) Father of Texas Day shall be regularly observed by
320-11 appropriate and patriotic programs in the public schools and other
320-12 places to properly commemorate the birthday of Stephen F. Austin
320-13 and to inspire a greater love for this beloved state. (V.A.C.S.
320-14 Art. 4591b.)
320-15 CHAPTER 663. CHILD CARE SERVICES FOR STATE EMPLOYEES
320-16 SUBCHAPTER A. GENERAL PROVISIONS
320-17 Sec. 663.001. DEFINITIONS
320-18 Sec. 663.002. DUTIES AND RESPONSIBILITIES NOT AFFECTED
320-19 Sec. 663.003. GOOD FAITH STANDARD
320-20 (Sections 663.004-663.050 reserved for expansion)
320-21 SUBCHAPTER B. CHILD CARE DEVELOPMENT BOARD
320-22 Sec. 663.051. CHILD CARE DEVELOPMENT BOARD
320-23 Sec. 663.052. COMPOSITION OF BOARD
320-24 Sec. 663.053. STAFF, EQUIPMENT, AND SUPPLIES
320-25 Sec. 663.054. ADVISORY COMMITTEE
320-26 Sec. 663.055. REPORT OF BOARD
320-27 (Sections 663.056-663.100 reserved for expansion)
321-1 SUBCHAPTER C. CHILD CARE PROGRAM AND FACILITIES
321-2 Sec. 663.101. ADMINISTRATION OF CHILD CARE PROGRAM
321-3 Sec. 663.102. STANDARDS OF CHILD CARE PROGRAM
321-4 Sec. 663.103. SPECIFICATIONS FOR CHILD CARE FACILITY SITES
321-5 Sec. 663.104. ESTABLISHMENT OF CHILD CARE FACILITIES
321-6 Sec. 663.105. CONTRACTS
321-7 Sec. 663.106. LEASE TO CHILD CARE PROVIDER
321-8 Sec. 663.107. NUMBER OF CHILDREN SERVED BY CHILD CARE
321-9 FACILITY
321-10 Sec. 663.108. DUTIES OF CHILD CARE PROVIDER
321-11 Sec. 663.109. MONITORING OF CHILD CARE FACILITIES
321-12 Sec. 663.110. ENROLLMENT IN CHILD CARE FACILITY
321-13 Sec. 663.111. ADDITIONAL CHILD CARE FACILITIES
321-14 Sec. 663.112. CHILD CARE FACILITY ACCOUNT
321-15 Sec. 663.113. PRIVATE DONATIONS
321-16 CHAPTER 663. CHILD CARE SERVICES FOR STATE EMPLOYEES
321-17 SUBCHAPTER A. GENERAL PROVISIONS
321-18 Sec. 663.001. DEFINITIONS. In this chapter:
321-19 (1) "Board" means the Child Care Development Board.
321-20 (2) "Child care facility" includes only a child care
321-21 facility established under this chapter.
321-22 (3) "Child care program" means the program developed
321-23 by the board to provide child care services for state employees.
321-24 (4) "Commission" means the General Services
321-25 Commission.
321-26 (5) "Committee" means the Child Care Advisory
321-27 Committee. (V.A.C.S. Art. 6252-3e, Sec. 1; New.)
322-1 Sec. 663.002. DUTIES AND RESPONSIBILITIES NOT AFFECTED.
322-2 This chapter does not affect the duties or responsibilities of the
322-3 board or commission under Section 5.01(b), State Purchasing and
322-4 General Services Act (Article 601b, Vernon's Texas Civil Statutes).
322-5 (V.A.C.S. Art. 6252-3e, Sec. 5(e).)
322-6 Sec. 663.003. GOOD FAITH STANDARD. The commission and the
322-7 executive director of the commission shall carry out their
322-8 responsibilities under this chapter in good faith. (V.A.C.S.
322-9 Art. 6252-3e, Sec. 5(d) (part).)
322-10 (Sections 663.004-663.050 reserved for expansion)
322-11 SUBCHAPTER B. CHILD CARE DEVELOPMENT BOARD
322-12 Sec. 663.051. CHILD CARE DEVELOPMENT BOARD. The Child Care
322-13 Development Board is an agency of the state. (V.A.C.S. Art.
322-14 6252-3e, Sec. 2(a).)
322-15 Sec. 663.052. COMPOSITION OF BOARD. (a) The board is
322-16 composed of:
322-17 (1) the governor;
322-18 (2) the lieutenant governor;
322-19 (3) the attorney general;
322-20 (4) the state treasurer;
322-21 (5) the comptroller; and
322-22 (6) the commissioner of the General Land Office.
322-23 (b) An officer listed in Subsection (a) may designate a
322-24 representative to serve for the officer. (V.A.C.S. Art. 6252-3e,
322-25 Sec. 2(b).)
322-26 Sec. 663.053. STAFF, EQUIPMENT, AND SUPPLIES. The board may
322-27 use the staff, equipment, and supplies of an agency represented on
323-1 the board to assist the board as necessary in performing its duties
323-2 under this chapter. (V.A.C.S. Art. 6252-3e, Sec. 2(c).)
323-3 Sec. 663.054. ADVISORY COMMITTEE. (a) The board shall
323-4 appoint a child care advisory committee composed of individuals who
323-5 are interested in child care services for state employees.
323-6 (b) The board may appoint to the committee:
323-7 (1) the executive directors of:
323-8 (A) the commission; and
323-9 (B) the Texas Department of Housing and
323-10 Community Affairs;
323-11 (2) a representative of the child care working group
323-12 of the United Way of Texas;
323-13 (3) a representative of the Texas Association for the
323-14 Education of Young Children;
323-15 (4) a representative of the corporate child
323-16 development fund;
323-17 (5) a representative of child care providers;
323-18 (6) one or more state employees subject to the state
323-19 classification plan, each of whom has at least one child in a child
323-20 care facility; and
323-21 (7) one or more individuals knowledgeable in child
323-22 care services or the need of working individuals for child care
323-23 services.
323-24 (c) The committee shall advise the board on the:
323-25 (1) location, size, and design of the child care
323-26 facilities; and
323-27 (2) curriculum a child care facility must provide to
324-1 ensure the provision of developmentally appropriate services of a
324-2 high quality. (V.A.C.S. Art. 6252-3e, Sec. 4, as amended by
324-3 Chapters 505 and 762, Acts of the 72nd Legislature, Regular
324-4 Session, 1991.)
324-5 Sec. 663.055. REPORT OF BOARD. (a) The board or the
324-6 board's designated representative shall report to the legislature
324-7 each legislative session.
324-8 (b) The report must:
324-9 (1) summarize the development and progress of the
324-10 child care program; and
324-11 (2) describe additional child care services needed by
324-12 state employees. (V.A.C.S. Art. 6252-3e, Sec. 3 (part).)
324-13 (Sections 663.056-663.100 reserved for expansion)
324-14 SUBCHAPTER C. CHILD CARE PROGRAM AND FACILITIES
324-15 Sec. 663.101. ADMINISTRATION OF CHILD CARE PROGRAM. (a)
324-16 The board shall provide child care services for state employees by
324-17 the development and administration of the child care program.
324-18 (b) The board by rule may establish methods to administer
324-19 and supervise the child care program. (V.A.C.S. Art. 6252-3e,
324-20 Sec. 3 (part).)
324-21 Sec. 663.102. STANDARDS OF CHILD CARE PROGRAM. The board
324-22 shall set specific performance standards for child care services
324-23 under the child care program that conform to the standards of
324-24 quality child care set by the National Association for the
324-25 Education of Young Children. (V.A.C.S. Art. 6252-3e, Sec. 6
324-26 (part).)
324-27 Sec. 663.103. SPECIFICATIONS FOR CHILD CARE FACILITY SITES.
325-1 The board shall give the commission the specifications for each
325-2 child care facility site, including the location, size, and design
325-3 for the facility. (V.A.C.S. Art. 6252-3e, Sec. 5(a).)
325-4 Sec. 663.104. ESTABLISHMENT OF CHILD CARE FACILITIES. (a)
325-5 To establish a child care facility, the commission, at the
325-6 direction of the board, shall:
325-7 (1) acquire necessary real and personal property,
325-8 including mobile and prefabricated buildings; or
325-9 (2) build, renovate, repair, or equip a building,
325-10 including constructing or placing a new building on real property
325-11 the state owns.
325-12 (b) The board, in establishing a child care facility, must
325-13 specify the terms or conditions under which the commission is
325-14 required to act and may adopt a schedule for implementation of the
325-15 activity. The board may request, add to, or delete a term or
325-16 condition and may request a progress report from the commission.
325-17 (c) If activity is delayed or cannot be implemented under
325-18 the board's terms and conditions, the commission immediately shall
325-19 advise the board and may postpone further action until the
325-20 commission receives an instruction from the board. (V.A.C.S.
325-21 Art. 6252-3e, Secs. 5(b), (d) (part).)
325-22 Sec. 663.105. CONTRACTS. (a) The commission shall make any
325-23 contract necessary to establish a child care facility.
325-24 (b) The contract must comply with the State Purchasing and
325-25 General Services Act (Article 601b, Vernon's Texas Civil Statutes).
325-26 (V.A.C.S. Art. 6252-3e, Sec. 5(c).)
325-27 Sec. 663.106. LEASE TO CHILD CARE PROVIDER. (a) The
326-1 commission shall lease to a child care provider selected by the
326-2 board a site for a child care facility at a reasonable rate set by
326-3 the board.
326-4 (b) The board by rule may require, or prohibit the inclusion
326-5 of, specified provisions in a lease. (V.A.C.S. Art. 6252-3e,
326-6 Sec. 7(a).)
326-7 Sec. 663.107. NUMBER OF CHILDREN SERVED BY CHILD CARE
326-8 FACILITY. The board shall set the number of children a child care
326-9 facility may serve. (V.A.C.S. Art. 6252-3e, Sec. 6 (part).)
326-10 Sec. 663.108. DUTIES OF CHILD CARE PROVIDER. A provider for
326-11 a child care facility shall:
326-12 (1) obtain for the facility a license under Chapter
326-13 42, Human Resources Code;
326-14 (2) maintain liability insurance coverage by an
326-15 insurance company approved by the State Board of Insurance in an
326-16 amount approved by the board;
326-17 (3) indemnify the state, members of the board, and the
326-18 commission from:
326-19 (A) a claim, demand, or cause of action asserted
326-20 by a person as a result of the facility's operation; and
326-21 (B) an act or omission of the provider or the
326-22 facility's personnel;
326-23 (4) provide furniture, equipment, toys, and other
326-24 materials necessary for the facility;
326-25 (5) keep a list of child care applicants who are
326-26 waiting for enrollment in the facility; and
326-27 (6) pay salaries and provide insurance for the
327-1 employees of the facility. (V.A.C.S. Art. 6252-3e, Secs. 7(b),
327-2 8(b) (part).)
327-3 Sec. 663.109. MONITORING OF CHILD CARE FACILITIES. The
327-4 board shall monitor the activities and operations of a child care
327-5 facility by conducting regular visits to the facility during
327-6 operating hours to investigate, inspect, and evaluate the services
327-7 provided. (V.A.C.S. Art. 6252-3e, Sec. 6 (part).)
327-8 Sec. 663.110. ENROLLMENT IN CHILD CARE FACILITY. (a) The
327-9 board shall establish procedures for application for enrollment in
327-10 a child care facility established under this chapter.
327-11 (b) A provider for a child care facility shall give
327-12 preference in enrollment to the individual whose application date
327-13 is the earliest, except that the board may permit enrollment
327-14 because of a special circumstance as defined by the board,
327-15 including financial need or other hardship. (V.A.C.S.
327-16 Art. 6252-3e, Secs. 8(a), (b) (part), (c).)
327-17 Sec. 663.111. ADDITIONAL CHILD CARE FACILITIES. (a) The
327-18 board may begin procedures to establish another child care facility
327-19 when the number of applicants on a waiting list to enroll in a
327-20 facility is 50 or more.
327-21 (b) The commission shall provide the board with a list of
327-22 sites available for a new or expanded child care facility not later
327-23 than the 120th day after the date on which the commission receives
327-24 from the board the specifications for a child care facility under
327-25 Section 663.103.
327-26 (c) If the commission cannot provide the board with a
327-27 suitable site, the board shall select a site that the board
328-1 considers suitable.
328-2 (d) After a site has been selected, the commission shall
328-3 give priority to implementing the plan to prepare the child care
328-4 facility over other building construction, repairs, or renovations.
328-5 (V.A.C.S. Art. 6252-3e, Sec. 10.)
328-6 Sec. 663.112. CHILD CARE FACILITY ACCOUNT. (a) The
328-7 legislature may appropriate money from the Texas capital trust fund
328-8 established under Chapter 2201 to establish and operate a child
328-9 care facility under this chapter.
328-10 (b) On the first day of each biennium or from the first
328-11 amounts deposited to the credit of the Texas capital trust fund
328-12 during each biennium, the comptroller shall set aside in a special
328-13 account within the fund the amount of an appropriation for this
328-14 chapter.
328-15 (c) An unexpended and unobligated portion of an
328-16 appropriation made from the fund for this chapter remains in the
328-17 special account at the end of the period for which it is
328-18 appropriated. (V.A.C.S. Art. 6252-3e, Sec. 9(a).)
328-19 Sec. 663.113. PRIVATE DONATIONS. (a) The board may solicit
328-20 a private donation of property or money for renovations, equipment,
328-21 or other items necessary to provide child care services.
328-22 (b) The commission shall accept and use the donations only
328-23 for the child care program. (V.A.C.S. Art. 6252-3e, Sec. 9(b).)
328-24 CHAPTER 664. STATE EMPLOYEES HEALTH FITNESS AND EDUCATION
328-25 Sec. 664.001. SHORT TITLE
328-26 Sec. 664.002. DEFINITION
328-27 Sec. 664.003. FUNDS AND FACILITIES FOR HEALTH
329-1 FITNESS PROGRAMS
329-2 Sec. 664.004. AGREEMENTS WITH OTHER STATE, LOCAL,
329-3 OR FEDERAL AGENCIES
329-4 Sec. 664.005. PLANS; APPROVAL
329-5 CHAPTER 664. STATE EMPLOYEES HEALTH FITNESS AND EDUCATION
329-6 Sec. 664.001. SHORT TITLE. This chapter may be cited as the
329-7 State Employees Health Fitness and Education Act of 1983.
329-8 (V.A.C.S. Art. 6252-27, Sec. 1.)
329-9 Sec. 664.002. DEFINITION. In this chapter, "state agency"
329-10 means a department, institution, commission, or other agency of the
329-11 state. (New.)
329-12 Sec. 664.003. FUNDS AND FACILITIES FOR HEALTH FITNESS
329-13 PROGRAMS. (a) A state agency may use available public funds for:
329-14 (1) health fitness education and activities; or
329-15 (2) other costs related to health fitness.
329-16 (b) A state agency may use available facilities for health
329-17 fitness programs. (V.A.C.S. Art. 6252-27, Sec. 3.)
329-18 Sec. 664.004. AGREEMENTS WITH OTHER STATE, LOCAL, OR FEDERAL
329-19 AGENCIES. A state agency may, and is encouraged to, enter into an
329-20 agreement with another state agency, including a state-supported
329-21 college or university, or with a local or federal department,
329-22 institution, commission, or agency, to present, join in presenting,
329-23 or participate jointly in health fitness education or activity
329-24 programs for the state agency's administrators and employees.
329-25 (V.A.C.S. Art. 6252-27, Sec. 4.)
329-26 Sec. 664.005. PLANS; APPROVAL. Before implementing a health
329-27 fitness program, a state agency must:
330-1 (1) develop a plan that addresses the purpose, nature,
330-2 duration, costs, participants in, and expected results of the
330-3 program; and
330-4 (2) obtain written approval of the plan from:
330-5 (A) the Texas Department of Health; and
330-6 (B) if implementing the program requires the
330-7 expenditure of public money, the governor or the governor's
330-8 designated representative. (V.A.C.S. Art. 6252-27, Sec. 5.)
330-9 CHAPTER 665. IMPEACHMENT AND REMOVAL
330-10 SUBCHAPTER A. IMPEACHMENT BY HOUSE
330-11 Sec. 665.001. IMPEACHMENT PROCEEDING
330-12 Sec. 665.002. INDIVIDUALS WHO MAY BE IMPEACHED
330-13 Sec. 665.003. IMPEACHMENT WHEN HOUSE IS IN SESSION
330-14 Sec. 665.004. CONVENING HOUSE FOR IMPEACHMENT PURPOSES WHEN
330-15 HOUSE IS NOT IN SESSION
330-16 Sec. 665.005. POWERS OF HOUSE DURING IMPEACHMENT PROCEEDING
330-17 Sec. 665.006. PER DIEM AND MILEAGE DURING IMPEACHMENT
330-18 PROCEEDING
330-19 Sec. 665.007. CUMULATIVE REMEDY
330-20 (Sections 665.008-665.020 reserved for expansion)
330-21 SUBCHAPTER B. REMOVAL AFTER IMPEACHMENT
330-22 Sec. 665.021. SENATE MEETS AS COURT OF IMPEACHMENT
330-23 Sec. 665.022. PROCEDURE WHEN SENATE IS IN SESSION
330-24 Sec. 665.023. PROCEDURE WHEN SENATE IS NOT IN SESSION
330-25 Sec. 665.024. ADOPTION OF RULES
330-26 Sec. 665.025. CONVENING AND ADJOURNING SENATE
330-27 Sec. 665.026. ATTENDANCE OF SENATORS
331-1 Sec. 665.027. POWERS OF SENATE MEETING AS A COURT OF
331-2 IMPEACHMENT
331-3 Sec. 665.028. PER DIEM WHILE SENATE IS MEETING AS A COURT
331-4 OF IMPEACHMENT
331-5 (Sections 665.029-665.050 reserved for expansion)
331-6 SUBCHAPTER C. REMOVAL BY ADDRESS
331-7 Sec. 665.051. INDIVIDUALS SUBJECT TO REMOVAL
331-8 Sec. 665.052. CAUSES FOR REMOVAL
331-9 Sec. 665.053. NOTICE AND HEARING
331-10 Sec. 665.054. REMOVAL VOTE
331-11 (Sections 665.055-665.080 reserved for expansion)
331-12 SUBCHAPTER D. OTHER REMOVAL PROVISIONS
331-13 Sec. 665.081. NO REMOVAL FOR ACTS COMMITTED BEFORE
331-14 ELECTION TO OFFICE
331-15 CHAPTER 665. IMPEACHMENT AND REMOVAL
331-16 SUBCHAPTER A. IMPEACHMENT BY HOUSE
331-17 Sec. 665.001. IMPEACHMENT PROCEEDING. In this subchapter,
331-18 "impeachment proceeding" includes:
331-19 (1) presenting an article of impeachment;
331-20 (2) investigating a matter relating to a contemplated
331-21 impeachment; and
331-22 (3) acting on an article of impeachment. (New.)
331-23 Sec. 665.002. INDIVIDUALS WHO MAY BE IMPEACHED. An
331-24 individual may be removed from an office or a position by
331-25 impeachment in the manner provided by the constitution and this
331-26 chapter if the individual is:
331-27 (1) a state officer;
332-1 (2) a head of a state department or state institution;
332-2 or
332-3 (3) a member, regent, trustee, or commissioner having
332-4 control or management of a state institution or enterprise.
332-5 (V.A.C.S. Art. 5961 (part).)
332-6 Sec. 665.003. IMPEACHMENT WHEN HOUSE IS IN SESSION. (a)
332-7 The house of representatives may conduct an impeachment proceeding
332-8 at a regular or called session at its pleasure without further call
332-9 or action.
332-10 (b) If the house is conducting an impeachment proceeding at
332-11 the time a session expires or ends by house or senate adjournment
332-12 on legislative matters, the house may:
332-13 (1) continue in session to conduct the impeachment
332-14 proceeding; or
332-15 (2) adjourn to a later time to conclude the
332-16 impeachment proceeding.
332-17 (c) If the house adjourns under Subsection (b)(2), it may
332-18 continue the impeachment proceeding through committees or agents.
332-19 (V.A.C.S. Art. 5962 (part).)
332-20 Sec. 665.004. CONVENING HOUSE FOR IMPEACHMENT PURPOSES WHEN
332-21 HOUSE IS NOT IN SESSION. (a) When the house is not in session it
332-22 may be convened to conduct an impeachment proceeding:
332-23 (1) by proclamation of the governor;
332-24 (2) by proclamation of the speaker of the house if the
332-25 speaker is petitioned in writing by 50 or more members of the
332-26 house; or
332-27 (3) by proclamation in writing signed by a majority of
333-1 the members of the house.
333-2 (b) Each member of the house who is in the state and
333-3 accessible must be given a copy of the proclamation in person or by
333-4 registered mail by:
333-5 (1) the speaker of the house or under the direction of
333-6 the speaker; or
333-7 (2) the members signing the proclamation or one or
333-8 more individuals who signed the proclamation designated by the
333-9 members that signed the proclamation if the proclamation was issued
333-10 under Subsection (a)(3).
333-11 (c) The proclamation must:
333-12 (1) state in general terms the reason for convening
333-13 the house;
333-14 (2) state a time for the house to convene; and
333-15 (3) be published in at least three daily newspapers of
333-16 general circulation. (V.A.C.S. Art. 5962 (part).)
333-17 Sec. 665.005. POWERS OF HOUSE DURING IMPEACHMENT PROCEEDING.
333-18 When conducting an impeachment proceeding, the house or a house
333-19 committee may:
333-20 (1) send for persons or papers;
333-21 (2) compel the giving of testimony; and
333-22 (3) punish for contempt to the same extent as a
333-23 district court of this state. (V.A.C.S. Art. 5962 (part).)
333-24 Sec. 665.006. PER DIEM AND MILEAGE DURING IMPEACHMENT
333-25 PROCEEDING. (a) A member of the house is entitled to a per diem
333-26 when the house is in session for an impeachment proceeding but not
333-27 for legislative purposes.
334-1 (b) A member of a house committee is entitled to a per diem
334-2 when the committee is meeting for an impeachment proceeding and the
334-3 house is not in session.
334-4 (c) A member of the house is entitled to mileage when the
334-5 house is convened by proclamation under Section 665.004.
334-6 (d) The amount of a per diem and the mileage authorized by
334-7 this section is the same as the amounts for those items fixed for
334-8 members of the legislature when in legislative session.
334-9 (e) The house may pay agents to assist in conducting an
334-10 impeachment proceeding. (V.A.C.S. Art. 5962 (part).)
334-11 Sec. 665.007. CUMULATIVE REMEDY. The remedy of impeachment
334-12 as provided in this chapter is cumulative of all other remedies
334-13 regarding the impeachment or removal of public officers. (V.A.C.S.
334-14 Art. 5961 (part).)
334-15 (Sections 665.008-665.020 reserved for expansion)
334-16 SUBCHAPTER B. REMOVAL AFTER IMPEACHMENT
334-17 Sec. 665.021. SENATE MEETS AS COURT OF IMPEACHMENT. If the
334-18 house prefers articles of impeachment against an individual, the
334-19 senate shall meet as a court of impeachment in a trial of the
334-20 individual in the manner provided by Article XV of the Texas
334-21 Constitution. (V.A.C.S. Art. 5963(a).)
334-22 Sec. 665.022. PROCEDURE WHEN SENATE IS IN SESSION. (a) If
334-23 the senate is in a regular or called session when articles of
334-24 impeachment are preferred by the house, the senate shall receive
334-25 the articles when they are presented. The senate shall set a day
334-26 and time to resolve into a court of impeachment to consider the
334-27 articles.
335-1 (b) The senate may continue in session as a court of
335-2 impeachment beyond the end of the session for legislative purposes
335-3 or may adjourn as a court of impeachment to a day and time set by
335-4 the senate. (V.A.C.S. Art. 5963(b).)
335-5 Sec. 665.023. PROCEDURE WHEN SENATE IS NOT IN SESSION. (a)
335-6 If the senate is not in a regular or called session when articles
335-7 of impeachment are preferred by the house, the house shall deliver
335-8 by personal messenger or certified or registered mail a certified
335-9 copy of the articles of impeachment to the governor, lieutenant
335-10 governor, and each member of the senate. A record of the
335-11 deliveries and a copy of the record shall be delivered to the
335-12 lieutenant governor and the president pro tempore of the senate.
335-13 (b) After the deliveries are made as required by Subsection
335-14 (a), the senate shall be convened to consider the articles of
335-15 impeachment:
335-16 (1) by proclamation of the governor; or
335-17 (2) if the governor fails to issue the proclamation
335-18 within 10 days from the date the articles of impeachment are
335-19 preferred by the house, by proclamation of the lieutenant governor;
335-20 or
335-21 (3) if the lieutenant governor fails to issue the
335-22 proclamation within 15 days from the date the articles of
335-23 impeachment are preferred by the house, by proclamation of the
335-24 president pro tempore of the senate; or
335-25 (4) if the president pro tempore of the senate fails
335-26 to issue the proclamation within 20 days from the date the articles
335-27 of impeachment are preferred by the house, by proclamation signed
336-1 by a majority of the members of the senate.
336-2 (c) A proclamation issued under Subsection (b) must:
336-3 (1) be in writing;
336-4 (2) state the purposes for which the senate is to be
336-5 convened;
336-6 (3) fix a date not later than the 20th day after the
336-7 date of the issuance of the proclamation for convening the senate;
336-8 and
336-9 (4) be published in at least three daily newspapers of
336-10 general circulation.
336-11 (d) A copy of the proclamation shall be sent by registered
336-12 or certified mail to each member of the senate and the lieutenant
336-13 governor.
336-14 (e) The senate shall convene on the day set in the
336-15 proclamation and receive the articles of impeachment. The senate
336-16 shall then act as a court of impeachment to consider the articles
336-17 of impeachment. (V.A.C.S. Art. 5963, Secs. (c), (d).)
336-18 Sec. 665.024. ADOPTION OF RULES. The senate shall adopt
336-19 rules of procedure when it resolves into a court of impeachment.
336-20 After the senate has adopted the rules it shall consider the
336-21 articles of impeachment. (V.A.C.S. Art. 5963(e) (part).)
336-22 Sec. 665.025. CONVENING AND ADJOURNING SENATE. The senate
336-23 may recess or adjourn during the impeachment trial to a time to be
336-24 set by the senate. The senate may condition reconvening on the
336-25 occurrence of an event specified in the motion. (V.A.C.S. Art.
336-26 5963(e) (part).)
336-27 Sec. 665.026. ATTENDANCE OF SENATORS. Each member of the
337-1 senate shall be in attendance when the senate is meeting as a court
337-2 of impeachment. (V.A.C.S. Art. 5963(e) (part).)
337-3 Sec. 665.027. POWERS OF SENATE MEETING AS A COURT OF
337-4 IMPEACHMENT. (a) The senate may:
337-5 (1) send for persons, papers, books, and other
337-6 documents;
337-7 (2) compel the giving of testimony;
337-8 (3) punish for contempt to the same extent as a
337-9 district court;
337-10 (4) meet in closed session for purposes of
337-11 deliberation; and
337-12 (5) exercise any other power necessary to carry out
337-13 its duties under Article XV of the Texas Constitution.
337-14 (b) The senate may employ assistance to enforce and execute
337-15 the lawful orders, mandates, writs, process, and precepts of the
337-16 senate meeting as a court of impeachment. (V.A.C.S. Art. 5963(f).)
337-17 Sec. 665.028. PER DIEM WHILE SENATE IS MEETING AS A COURT OF
337-18 IMPEACHMENT. (a) When meeting as a court of impeachment the
337-19 members of the senate and the lieutenant governor receive the same
337-20 mileage and per diem as is provided for members of the legislature
337-21 when it is in legislative session.
337-22 (b) If the senate is not in session as a court of
337-23 impeachment for more than four consecutive days because of recess
337-24 or adjournment, the members of the senate and the lieutenant
337-25 governor are not entitled to the per diem for those days.
337-26 (V.A.C.S. Art. 5963(g) (part).)
337-27 (Sections 665.029-665.050 reserved for expansion)
338-1 SUBCHAPTER C. REMOVAL BY ADDRESS
338-2 Sec. 665.051. INDIVIDUALS SUBJECT TO REMOVAL. Only the
338-3 following individuals are subject to removal from office by address
338-4 under this subchapter:
338-5 (1) a justice of the supreme court;
338-6 (2) a judge of the court of criminal appeals;
338-7 (3) a justice of a court of appeals;
338-8 (4) a judge of a district court;
338-9 (5) a judge of a criminal district court;
338-10 (6) the commissioner of agriculture;
338-11 (7) the commissioner of insurance; and
338-12 (8) the banking commissioner. (V.A.C.S. Art. 5964
338-13 (part).)
338-14 Sec. 665.052. CAUSES FOR REMOVAL. (a) An individual may be
338-15 removed from office by address for:
338-16 (1) wilful neglect of duty;
338-17 (2) incompetency;
338-18 (3) habitual drunkenness;
338-19 (4) oppression in office;
338-20 (5) breach of trust; or
338-21 (6) any other reasonable cause that is not a
338-22 sufficient ground for impeachment.
338-23 (b) In this section, "incompetency" means:
338-24 (1) gross ignorance of official duties;
338-25 (2) gross carelessness in the discharge of official
338-26 duties; or
338-27 (3) inability or unfitness to discharge promptly and
339-1 properly official duties because of a serious physical or mental
339-2 defect that did not exist at the time of the officer's election.
339-3 (V.A.C.S. Arts. 5964 (part), 5972.)
339-4 Sec. 665.053. NOTICE AND HEARING. (a) Notice of the reason
339-5 for removal by address must be given to the officer who is to be
339-6 removed.
339-7 (b) The officer must be allowed to appear at a hearing in
339-8 the officer's defense before the vote for removal by address is
339-9 taken.
339-10 (c) The cause for removal shall be stated at length in the
339-11 address and entered in the journal of each house. (V.A.C.S. Art.
339-12 5964 (part).)
339-13 Sec. 665.054. REMOVAL VOTE. (a) The governor shall remove
339-14 from office a person on the address of two-thirds of each house of
339-15 the legislature.
339-16 (b) The vote of each member shall be recorded in the journal
339-17 of each house. (V.A.C.S. Art. 5964 (part).)
339-18 (Sections 665.055-665.080 reserved for expansion)
339-19 SUBCHAPTER D. OTHER REMOVAL PROVISIONS
339-20 Sec. 665.081. NO REMOVAL FOR ACTS COMMITTED BEFORE ELECTION
339-21 TO OFFICE. (a) An officer in this state may not be removed from
339-22 office for an act the officer may have committed before the
339-23 officer's election to office.
339-24 (b) The prohibition against the removal from office for an
339-25 act the officer commits before the officer's election is covered
339-26 by:
339-27 (1) Section 21.002, Local Government Code, for a mayor
340-1 or alderman of a general law municipality; or
340-2 (2) Chapter 87, Local Government Code, for a county or
340-3 precinct officer. (V.A.C.S. Art. 5986.)
340-4 TITLE 10. GENERAL GOVERNMENT
340-5 SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE
340-6 Chapter 2001. ADMINISTRATIVE PROCEDURE
340-7 Chapter 2002. TEXAS REGISTER AND ADMINISTRATIVE CODE
340-8 Chapter 2003. STATE OFFICE OF ADMINISTRATIVE HEARINGS
340-9 Chapter 2004. REPRESENTATION BEFORE STATE AGENCIES
340-10 Chapter 2005. PERMIT PROCESSING
340-11 Chapter 2006. AGENCY ACTIONS AFFECTING SMALL BUSINESSES
340-12 (Chapters 2007-2050 reserved for expansion)
340-13 SUBTITLE B. INFORMATION AND PLANNING
340-14 Chapter 2051. GOVERNMENT DOCUMENTS, PUBLICATIONS, AND NOTICES
340-15 Chapter 2052. STATE AGENCY REPORTS AND PUBLICATIONS
340-16 Chapter 2053. REPORT BY GOVERNOR ON ORGANIZATION AND EFFICIENCY OF
340-17 STATE AGENCIES
340-18 Chapter 2054. INFORMATION RESOURCES
340-19 Chapter 2055. FACULTY INFORMATION AND RESEARCH SERVICE FOR TEXAS
340-20 COMMITTEE
340-21 Chapter 2056. STRATEGIC PLANS OF OPERATION
340-22 Chapter 2057. CAPITAL IMPROVEMENT PLAN
340-23 Chapter 2058. RECOGNITION OF FEDERAL CENSUS
340-24 (Chapters 2059-2100 reserved for expansion)
340-25 SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT, AND PRODUCTIVITY
340-26 Chapter 2101. ACCOUNTING PROCEDURES
340-27 Chapter 2102. INTERNAL AUDITING
341-1 Chapter 2103. EXPENDITURES BY STATE AGENCIES
341-2 Chapter 2104. CONSERVATORSHIP AS A RESULT OF FISCAL MISMANAGEMENT
341-3 Chapter 2105. ADMINISTRATION OF BLOCK GRANTS
341-4 Chapter 2106. INDIRECT COST RECOVERY PROGRAM
341-5 Chapter 2107. COLLECTION OF DELINQUENT OBLIGATIONS TO STATE
341-6 Chapter 2108. EMPLOYEE INCENTIVE AND AGENCY PRODUCTIVITY
341-7 Chapter 2109. VOLUNTEERS
341-8 (Chapters 2110-2150 reserved for expansion)
341-9 SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
341-10 (Chapters 2151-2200 reserved for expansion)
341-11 SUBTITLE E. GOVERNMENT PROPERTY
341-12 Chapter 2201. TEXAS CAPITAL TRUST FUND
341-13 Chapter 2202. SURPLUS PROPERTY AGENCY
341-14 Chapter 2203. USE OF STATE PROPERTY
341-15 Chapter 2204. ACQUISITION OF LAND FOR STATE AND FEDERAL PURPOSES
341-16 Chapter 2205. AIRCRAFT POOLING
341-17 (Chapters 2206-2250 reserved for expansion)
341-18 SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT
341-19 Chapter 2251. PAYMENT FOR GOODS AND SERVICES
341-20 Chapter 2252. CONTRACTS WITH GOVERNMENTAL ENTITY
341-21 Chapter 2253. PUBLIC WORK PERFORMANCE AND PAYMENT BONDS
341-22 Chapter 2254. PROFESSIONAL AND CONSULTING SERVICES
341-23 Chapter 2255. PRIVATE DONORS OR ORGANIZATIONS
341-24 Chapter 2256. PUBLIC FUNDS INVESTMENT
341-25 Chapter 2257. COLLATERAL FOR PUBLIC FUNDS
341-26 (Chapters 2258-2300 reserved for expansion)
341-27 SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING BOTH STATE
342-1 AND LOCAL GOVERNMENTS
342-2 Chapter 2301. SUPERCONDUCTING SUPER COLLIDER FACILITY RESEARCH
342-3 AUTHORITY
342-4 Chapter 2302. COGENERATION
342-5 Chapter 2303. ENTERPRISE ZONES
342-6 Chapter 2304. HOUSING REHABILITATION
342-7 Chapter 2305. RESTITUTION FOR OIL OVERCHARGES
342-8 Chapter 2306. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
342-9 CHAPTER 2001. ADMINISTRATIVE PROCEDURE
342-10 SUBCHAPTER A. GENERAL PROVISIONS
342-11 Sec. 2001.001. PURPOSE
342-12 Sec. 2001.002. SHORT TITLE
342-13 Sec. 2001.003. DEFINITIONS
342-14 Sec. 2001.004. REQUIREMENT TO ADOPT RULES OF PRACTICE
342-15 AND INDEX RULES, ORDERS, AND DECISIONS
342-16 Sec. 2001.005. RULE, ORDER, OR DECISION NOT EFFECTIVE UNTIL
342-17 INDEXED
342-18 (Sections 2001.006-2001.020 reserved for expansion)
342-19 SUBCHAPTER B. RULEMAKING
342-20 Sec. 2001.021. PETITION FOR ADOPTION OF RULES
342-21 Sec. 2001.022. LOCAL EMPLOYMENT IMPACT STATEMENTS
342-22 Sec. 2001.023. NOTICE OF PROPOSED RULE
342-23 Sec. 2001.024. CONTENT OF NOTICE
342-24 Sec. 2001.025. EFFECTIVE DATE OF NOTICE
342-25 Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE OF
342-26 PROPOSED RULES
342-27 Sec. 2001.027. WITHDRAWAL OF PROPOSED RULE
343-1 Sec. 2001.028. NOTICE OF PROPOSED LAW ENFORCEMENT RULES
343-2 Sec. 2001.029. PUBLIC COMMENT
343-3 Sec. 2001.030. STATEMENT OF REASONS FOR OR AGAINST ADOPTION
343-4 Sec. 2001.031. INFORMAL CONFERENCES AND ADVISORY COMMITTEES
343-5 Sec. 2001.032. LEGISLATIVE REVIEW
343-6 Sec. 2001.033. STATE AGENCY ORDER ADOPTING RULE
343-7 Sec. 2001.034. EMERGENCY RULEMAKING
343-8 Sec. 2001.035. SUBSTANTIAL COMPLIANCE REQUIREMENT; TIME LIMIT
343-9 ON PROCEDURAL CHALLENGE
343-10 Sec. 2001.036. EFFECTIVE DATE OF RULES; EFFECT OF FILING WITH
343-11 SECRETARY OF STATE
343-12 Sec. 2001.037. OFFICIAL TEXT OF RULE
343-13 Sec. 2001.038. DECLARATORY JUDGMENT
343-14 (Sections 2001.039-2001.050 reserved for expansion)
343-15 SUBCHAPTER C. CONTESTED CASES: GENERAL RIGHTS AND PROCEDURES
343-16 Sec. 2001.051. OPPORTUNITY FOR HEARING AND PARTICIPATION;
343-17 NOTICE OF HEARING
343-18 Sec. 2001.052. CONTENTS OF NOTICE
343-19 Sec. 2001.053. RIGHT TO COUNSEL
343-20 Sec. 2001.054. LICENSES
343-21 Sec. 2001.055. INTERPRETERS FOR DEAF OR HEARING IMPAIRED
343-22 PARTIES AND WITNESSES
343-23 Sec. 2001.056. INFORMAL DISPOSITION OF CONTESTED CASE
343-24 Sec. 2001.057. CONTINUANCES
343-25 Sec. 2001.058. HEARING CONDUCTED BY STATE OFFICE OF
343-26 ADMINISTRATIVE HEARINGS
343-27 Sec. 2001.059. TRANSCRIPT
344-1 Sec. 2001.060. RECORD
344-2 Sec. 2001.061. EX PARTE CONSULTATIONS
344-3 Sec. 2001.062. EXAMINATION OF RECORD BY STATE AGENCY; PROPOSAL
344-4 FOR DECISION
344-5 (Sections 2001.063-2001.080 reserved for expansion)
344-6 SUBCHAPTER D. CONTESTED CASES: EVIDENCE, WITNESSES, AND DISCOVERY
344-7 Sec. 2001.081. RULES OF EVIDENCE
344-8 Sec. 2001.082. EXCLUSION OF EVIDENCE
344-9 Sec. 2001.083. PRIVILEGE
344-10 Sec. 2001.084. OBJECTIONS TO EVIDENCE
344-11 Sec. 2001.085. WRITTEN EVIDENCE
344-12 Sec. 2001.086. DOCUMENTARY EVIDENCE
344-13 Sec. 2001.087. CROSS-EXAMINATION
344-14 Sec. 2001.088. WITNESSES
344-15 Sec. 2001.089. ISSUANCE OF SUBPOENA
344-16 Sec. 2001.090. OFFICIAL NOTICE; STATE AGENCY EVALUATION OF
344-17 EVIDENCE
344-18 Sec. 2001.091. DISCOVERY FROM PARTIES: ORDERS FOR PRODUCTION
344-19 OR INSPECTION
344-20 Sec. 2001.092. DISCOVERY FROM PARTIES: IDENTITY OF WITNESS OR
344-21 POTENTIAL PARTY; EXPERT REPORTS
344-22 Sec. 2001.093. DISCOVERY FROM PARTIES: COPY OF
344-23 PREVIOUS STATEMENT
344-24 Sec. 2001.094. ISSUANCE OF COMMISSION REQUIRING DEPOSITION
344-25 Sec. 2001.095. DEPOSITION OF STATE AGENCY BOARD MEMBER
344-26 Sec. 2001.096. PLACE OF DEPOSITION
344-27 Sec. 2001.097. OBJECTIONS TO DEPOSITION TESTIMONY
345-1 Sec. 2001.098. PREPARATION OF DEPOSITION
345-2 Sec. 2001.099. SUBMISSION OF DEPOSITION TO WITNESS;
345-3 SIGNATURE
345-4 Sec. 2001.100. RETURN OF DEPOSITION TO STATE AGENCY
345-5 Sec. 2001.101. OPENING OF DEPOSITION BY STATE AGENCY
345-6 EMPLOYEE
345-7 Sec. 2001.102. USE OF DEPOSITION
345-8 Sec. 2001.103. MILEAGE AND PER DIEM OF WITNESS OR DEPONENT
345-9 (Sections 2001.104-2001.120 reserved for expansion)
345-10 SUBCHAPTER E. CONTESTED CASES: TESTIMONY OF CHILD
345-11 Sec. 2001.121. STATEMENT OR TESTIMONY BY CERTAIN CHILD ABUSE
345-12 VICTIMS
345-13 Sec. 2001.122. HEARSAY STATEMENT OF CHILD ABUSE VICTIM
345-14 (Sections 2001.123-2001.140 reserved for expansion)
345-15 SUBCHAPTER F. CONTESTED CASES: FINAL DECISIONS AND ORDERS;
345-16 MOTIONS FOR REHEARING
345-17 Sec. 2001.141. FORM OF DECISION; FINDINGS OF FACT AND
345-18 CONCLUSIONS OF LAW
345-19 Sec. 2001.142. NOTIFICATION OF DECISIONS AND ORDERS
345-20 Sec. 2001.143. TIME OF RENDERING DECISION
345-21 Sec. 2001.144. DECISIONS; WHEN FINAL
345-22 Sec. 2001.145. MOTIONS FOR REHEARING: PREREQUISITES TO
345-23 APPEAL
345-24 Sec. 2001.146. MOTIONS FOR REHEARING: PROCEDURES
345-25 Sec. 2001.147. AGREEMENT TO MODIFY TIME LIMITS
345-26 (Sections 2001.148-2001.170 reserved for expansion)
345-27 SUBCHAPTER G. CONTESTED CASES: JUDICIAL REVIEW
346-1 Sec. 2001.171. JUDICIAL REVIEW
346-2 Sec. 2001.172. SCOPE OF JUDICIAL REVIEW
346-3 Sec. 2001.173. TRIAL DE NOVO REVIEW
346-4 Sec. 2001.174. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE OR
346-5 UNDEFINED SCOPE OF REVIEW
346-6 Sec. 2001.175. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL EVIDENCE
346-7 RULE OR UNDEFINED SCOPE OF REVIEW
346-8 Sec. 2001.176. PETITION INITIATING JUDICIAL REVIEW
346-9 Sec. 2001.177. COST OF PREPARING AGENCY RECORD
346-10 Sec. 2001.178. CUMULATIVE EFFECT
346-11 (Sections 2001.179-2001.200 reserved for expansion)
346-12 SUBCHAPTER H. COURT ENFORCEMENT
346-13 Sec. 2001.201. COURT ENFORCEMENT OF SUBPOENA OR COMMISSION
346-14 Sec. 2001.202. COURT ENFORCEMENT OF FINAL ORDERS, DECISIONS,
346-15 AND RULES
346-16 (Sections 2001.203-2001.220 reserved for expansion)
346-17 SUBCHAPTER I. EXCEPTIONS
346-18 Sec. 2001.221. DRIVER'S LICENSES
346-19 Sec. 2001.222. STATE AGENCY PERSONNEL RULES AND PRACTICES
346-20 Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
346-21 ENFORCEMENT, AND CONTESTED CASE PROVISIONS
346-22 Sec. 2001.224. TEXAS EMPLOYMENT COMMISSION
346-23 Sec. 2001.225. CERTAIN ALCOHOLIC BEVERAGE CODE APPEALS
346-24 (Sections 2001.226-2001.900 reserved for expansion)
346-25 SUBCHAPTER Z. MISCELLANEOUS
346-26 Sec. 2001.901. APPEAL FROM DISTRICT COURT
346-27 Sec. 2001.902. SAVINGS CLAUSE
347-1 TITLE 10. GENERAL GOVERNMENT
347-2 SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE
347-3 CHAPTER 2001. ADMINISTRATIVE PROCEDURE
347-4 SUBCHAPTER A. GENERAL PROVISIONS
347-5 Sec. 2001.001. PURPOSE. It is the public policy of the
347-6 state through this chapter to:
347-7 (1) provide minimum standards of uniform practice and
347-8 procedure for state agencies;
347-9 (2) provide for public participation in the rulemaking
347-10 process; and
347-11 (3) restate the law of judicial review of state agency
347-12 action. (V.A.C.S. Art. 6252-13a, Sec. 1.)
347-13 Sec. 2001.002. SHORT TITLE. This chapter may be cited as
347-14 the Administrative Procedure Act. (V.A.C.S. Art. 6252-13a, Sec.
347-15 2.)
347-16 Sec. 2001.003. DEFINITIONS. In this chapter:
347-17 (1) "Contested case" means a proceeding, including a
347-18 ratemaking or licensing proceeding, in which the legal rights,
347-19 duties, or privileges of a party are to be determined by a state
347-20 agency after an opportunity for adjudicative hearing.
347-21 (2) "License" includes the whole or a part of a state
347-22 agency permit, certificate, approval, registration, or similar form
347-23 of permission required by law.
347-24 (3) "Licensing" includes a state agency process
347-25 relating to the granting, denial, renewal, revocation, suspension,
347-26 annulment, withdrawal, or amendment of a license.
347-27 (4) "Party" means a person or state agency named or
348-1 admitted as a party.
348-2 (5) "Person" means an individual, partnership,
348-3 corporation, association, governmental subdivision, or public or
348-4 private organization that is not a state agency.
348-5 (6) "Rule":
348-6 (A) means a state agency statement of general
348-7 applicability that:
348-8 (i) implements, interprets, or prescribes
348-9 law or policy; or
348-10 (ii) describes the procedure or practice
348-11 requirements of a state agency;
348-12 (B) includes the amendment or repeal of a prior
348-13 rule; and
348-14 (C) does not include a statement regarding only
348-15 the internal management or organization of a state agency and not
348-16 affecting private rights or procedures.
348-17 (7) "State agency" means a state officer, board,
348-18 commission, or department with statewide jurisdiction that makes
348-19 rules or determines contested cases. The term includes the State
348-20 Office of Administrative Hearings for the purpose of determining
348-21 contested cases. The term does not include:
348-22 (A) a state agency wholly financed by federal
348-23 money;
348-24 (B) the legislature;
348-25 (C) the courts;
348-26 (D) the Texas Workers' Compensation Commission;
348-27 or
349-1 (E) an institution of higher education.
349-2 (V.A.C.S. Art. 6252-13a, Sec. 3 (part).)
349-3 Sec. 2001.004. REQUIREMENT TO ADOPT RULES OF PRACTICE AND
349-4 INDEX RULES, ORDERS, AND DECISIONS. In addition to other
349-5 requirements under law, a state agency shall:
349-6 (1) adopt rules of practice stating the nature and
349-7 requirements of all available formal and informal procedures;
349-8 (2) index, cross-index to statute, and make available
349-9 for public inspection all rules and other written statements of
349-10 policy or interpretations that are prepared, adopted, or used by
349-11 the agency in discharging its functions; and
349-12 (3) index, cross-index to statute, and make available
349-13 for public inspection all final orders, decisions, and opinions.
349-14 (V.A.C.S. Art. 6252-13a, Sec. 4(a).)
349-15 Sec. 2001.005. RULE, ORDER, OR DECISION NOT EFFECTIVE UNTIL
349-16 INDEXED. (a) A state agency rule, order, or decision made or
349-17 issued on or after January 1, 1976, is not valid or effective
349-18 against a person or party, and may not be invoked by an agency,
349-19 until the agency has indexed the rule, order, or decision and made
349-20 it available for public inspection as required by this chapter.
349-21 (b) This section does not apply in favor of a person or
349-22 party that has actual knowledge of the rule, order, or decision.
349-23 (V.A.C.S. Art. 6252-13a, Sec. 4(b).)
349-24 (Sections 2001.006-2001.020 reserved for expansion)
349-25 SUBCHAPTER B. RULEMAKING
349-26 Sec. 2001.021. PETITION FOR ADOPTION OF RULES. (a) An
349-27 interested person by petition to a state agency may request the
350-1 adoption of a rule.
350-2 (b) A state agency by rule shall prescribe the form for a
350-3 petition under this section and the procedure for its submission,
350-4 consideration, and disposition.
350-5 (c) Not later than the 60th day after the date of submission
350-6 of a petition under this section, a state agency shall:
350-7 (1) deny the petition in writing, stating its reasons
350-8 for the denial; or
350-9 (2) initiate a rulemaking proceeding under this
350-10 subchapter. (V.A.C.S. Art. 6252-13a, Sec. 11.)
350-11 Sec. 2001.022. LOCAL EMPLOYMENT IMPACT STATEMENTS. (a) At
350-12 the request of a state agency, the Texas Employment Commission
350-13 shall prepare a local employment impact statement for a proposed
350-14 rule. The impact statement must describe in detail the probable
350-15 effect of the rule on employment in each geographic area affected
350-16 by the rule for each year of the first five years that the rule
350-17 will be in effect and may include other factors at the commission's
350-18 discretion.
350-19 (b) A state agency shall determine whether a rule may affect
350-20 a local economy before proposing the rule for adoption. If a state
350-21 agency determines that a proposed rule may affect a local economy,
350-22 the agency shall submit to the commission a copy of the proposed
350-23 rule and other initial information that the commission requires on
350-24 a form prescribed by the commission.
350-25 (c) A state agency shall submit a proposed rule to the
350-26 commission under this section not later than the 30th day before
350-27 the date on which the agency files notice of the proposed rule with
351-1 the secretary of state.
351-2 (d) A state agency shall designate a liaison to furnish
351-3 information requested by the commission during preparation of a
351-4 local employment impact statement.
351-5 (e) The commission shall deliver the local employment impact
351-6 statement to a state agency not later than the 25th day after the
351-7 date on which the commission receives the proposed rule. If the
351-8 commission does not deliver the statement within this period, the
351-9 proposed rule is presumed not to affect local employment.
351-10 (f) A local employment impact statement must show:
351-11 (1) the name and title of the commission employee or
351-12 officer responsible for preparing or approving it; and
351-13 (2) the name and title of the state agency liaison.
351-14 (g) This section does not apply to the adoption of an
351-15 emergency rule.
351-16 (h) Failure to comply with this section does not impair the
351-17 legal effect of a rule adopted under this chapter. (V.A.C.S. Art.
351-18 6252-13a, Sec. 4A.)
351-19 Sec. 2001.023. NOTICE OF PROPOSED RULE. (a) A state agency
351-20 shall give at least 30 days' notice of its intention to adopt a
351-21 rule before it adopts the rule.
351-22 (b) A state agency shall file notice of the proposed rule
351-23 with the secretary of state for publication in the Texas Register
351-24 in the manner prescribed by Chapter 2002. (V.A.C.S. Art. 6252-13a,
351-25 Sec. 5(a) (part).)
351-26 Sec. 2001.024. CONTENT OF NOTICE. The notice of a proposed
351-27 rule must include:
352-1 (1) a brief explanation of the proposed rule;
352-2 (2) the text of the proposed rule, except any portion
352-3 omitted under Section 2002.014, prepared in a manner to indicate
352-4 any words to be added or deleted from the current text;
352-5 (3) a statement of the statutory or other authority
352-6 under which the rule is proposed to be adopted, including:
352-7 (A) a concise explanation of the particular
352-8 statutory or other provisions under which the rule is proposed;
352-9 (B) the section or article of the code affected;
352-10 and
352-11 (C) a certification that the proposed rule has
352-12 been reviewed by legal counsel and found to be within the state
352-13 agency's authority to adopt;
352-14 (4) a fiscal note showing the name and title of the
352-15 officer or employee responsible for preparing or approving the note
352-16 and stating for each year of the first five years that the rule
352-17 will be in effect:
352-18 (A) the additional estimated cost to the state
352-19 and to local governments expected as a result of enforcing or
352-20 administering the rule;
352-21 (B) the estimated reductions in costs to the
352-22 state and to local governments as a result of enforcing or
352-23 administering the rule;
352-24 (C) the estimated loss or increase in revenue to
352-25 the state or to local governments as a result of enforcing or
352-26 administering the rule; and
352-27 (D) if applicable, that enforcing or
353-1 administering the rule does not have foreseeable implications
353-2 relating to cost or revenues of the state or local governments;
353-3 (5) a note about public benefits and costs showing the
353-4 name and title of the officer or employee responsible for preparing
353-5 or approving the note and stating for each year of the first five
353-6 years that the rule will be in effect:
353-7 (A) the public benefits expected as a result of
353-8 adoption of the proposed rule; and
353-9 (B) the probable economic cost to persons
353-10 required to comply with the rule;
353-11 (6) the local employment impact statement prepared
353-12 under Section 2001.022, if required;
353-13 (7) a request for comments on the proposed rule from
353-14 any interested person; and
353-15 (8) any other statement required by law. (V.A.C.S.
353-16 Art. 6252-13a, Sec. 5(a) (part).)
353-17 Sec. 2001.025. EFFECTIVE DATE OF NOTICE. Notice of a
353-18 proposed rule becomes effective as notice when published in the
353-19 Texas Register, except as provided by Section 2001.028. (V.A.C.S.
353-20 Art. 6252-13a, Sec. 5(b) (part).)
353-21 Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE
353-22 OF PROPOSED RULES. A state agency shall mail notice of a proposed
353-23 rule to each person who has made a timely written request of the
353-24 agency for advance notice of its rulemaking proceedings. Failure
353-25 to mail the notice does not invalidate an action taken or rule
353-26 adopted. (V.A.C.S. Art. 6252-13a, Sec. 5(b) (part).)
353-27 Sec. 2001.027. WITHDRAWAL OF PROPOSED RULE. A proposed rule
354-1 is withdrawn six months after the date of publication of notice of
354-2 the proposed rule in the Texas Register if a state agency has
354-3 failed by that time to adopt, adopt as amended, or withdraw the
354-4 proposed rule. (V.A.C.S. Art. 6252-13a, Sec. 5(b) (part).)
354-5 Sec. 2001.028. NOTICE OF PROPOSED LAW ENFORCEMENT RULES.
354-6 Notice of the adoption of a proposed rule by the Commission on Jail
354-7 Standards or the Commission on Law Enforcement Officer Standards
354-8 and Education that affects a law enforcement agency of the state or
354-9 of a political subdivision of the state is not effective until the
354-10 notice is:
354-11 (1) published as required by Section 2001.023; and
354-12 (2) mailed to each law enforcement agency that may be
354-13 affected by the proposed rule. (V.A.C.S. Art. 6252-13a, Sec.
354-14 5(h).)
354-15 Sec. 2001.029. PUBLIC COMMENT. (a) Before adopting a rule,
354-16 a state agency shall give all interested persons a reasonable
354-17 opportunity to submit data, views, or arguments, orally or in
354-18 writing.
354-19 (b) A state agency shall grant an opportunity for a public
354-20 hearing before it adopts a substantive rule if a public hearing is
354-21 requested by:
354-22 (1) at least 25 persons;
354-23 (2) a governmental subdivision or agency; or
354-24 (3) an association having at least 25 members.
354-25 (c) A state agency shall consider fully all written and oral
354-26 submissions about a proposed rule. (V.A.C.S. Art. 6252-13a, Sec.
354-27 5(c) (part).)
355-1 Sec. 2001.030. STATEMENT OF REASONS FOR OR AGAINST ADOPTION.
355-2 On adoption of a rule, a state agency, if requested to do so by an
355-3 interested person either before adoption or not later than the 30th
355-4 day after the date of adoption, shall issue a concise statement of
355-5 the principal reasons for and against its adoption. The agency
355-6 shall include in the statement its reasons for overruling the
355-7 considerations urged against adoption. (V.A.C.S. Art. 6252-13a,
355-8 Sec. 5(c) (part).)
355-9 Sec. 2001.031. INFORMAL CONFERENCES AND ADVISORY COMMITTEES.
355-10 (a) A state agency may use an informal conference or consultation
355-11 to obtain the opinions and advice of interested persons about
355-12 contemplated rulemaking.
355-13 (b) A state agency may appoint committees of experts or
355-14 interested persons or representatives of the public to advise the
355-15 agency about contemplated rulemaking.
355-16 (c) The power of a committee appointed under this section is
355-17 advisory only. (V.A.C.S. Art. 6252-13a, Sec. 5(f).)
355-18 Sec. 2001.032. LEGISLATIVE REVIEW. (a) Each house of the
355-19 legislature by rule shall establish a process under which the
355-20 presiding officer of each house refers each proposed state agency
355-21 rule to the appropriate standing committee for review before the
355-22 rule is adopted.
355-23 (b) A state agency shall deliver to the lieutenant governor
355-24 and the speaker of the house of representatives a copy of the
355-25 notice of a proposed rule when the agency files notice with the
355-26 secretary of state under Section 2001.023.
355-27 (c) On the vote of a majority of its members, a standing
356-1 committee may send to a state agency a statement supporting or
356-2 opposing adoption of a proposed rule. (V.A.C.S. Art. 6252-13a,
356-3 Sec. 5(g).)
356-4 Sec. 2001.033. STATE AGENCY ORDER ADOPTING RULE. A state
356-5 agency order finally adopting a rule must include:
356-6 (1) a reasoned justification of the rule, including:
356-7 (A) a summary of comments received from parties
356-8 interested in the rule that shows the names of interested groups or
356-9 associations offering comment on the rule and whether they were for
356-10 or against its adoption;
356-11 (B) a restatement of the rule's factual basis;
356-12 and
356-13 (C) the reasons why the agency disagrees with
356-14 party submissions and proposals;
356-15 (2) a concise restatement of the particular statutory
356-16 provisions under which the rule is adopted and of how the agency
356-17 interprets the provisions as authorizing or requiring the rule; and
356-18 (3) a certification that the rule, as adopted, has
356-19 been reviewed by legal counsel and found to be a valid exercise of
356-20 the agency's legal authority. (V.A.C.S. Art. 6252-13a, Sec.
356-21 5(c-1).)
356-22 Sec. 2001.034. EMERGENCY RULEMAKING. (a) A state agency
356-23 may adopt an emergency rule without prior notice or hearing, or
356-24 with an abbreviated notice and a hearing that it finds practicable,
356-25 if the agency:
356-26 (1) finds that an imminent peril to the public health,
356-27 safety, or welfare, or a requirement of state or federal law,
357-1 requires adoption of a rule on fewer than 30 days' notice; and
357-2 (2) states in writing the reasons for its finding
357-3 under Subdivision (1).
357-4 (b) A state agency shall set forth in an emergency rule's
357-5 preamble the finding required by Subsection (a).
357-6 (c) A rule adopted under this section may be effective for
357-7 not longer than 120 days and may be renewed once for not longer
357-8 than 60 days. An identical rule may be adopted under Sections
357-9 2001.023 and 2001.029.
357-10 (d) A state agency shall file an emergency rule adopted
357-11 under this section and the agency's written reasons for the
357-12 adoption in the office of the secretary of state for publication in
357-13 the Texas Register in the manner prescribed by Chapter 2002.
357-14 (V.A.C.S. Art. 6252-13a, Sec. 5(d).)
357-15 Sec. 2001.035. SUBSTANTIAL COMPLIANCE REQUIREMENT; TIME
357-16 LIMIT ON PROCEDURAL CHALLENGE. (a) A rule adopted after January
357-17 1, 1976, is not valid unless a state agency adopts it in
357-18 substantial compliance with Sections 2001.023-2001.034.
357-19 (b) A proceeding to contest a rule on the ground of
357-20 noncompliance with the procedural requirements of Sections
357-21 2001.023-2001.034 must begin not later than the second anniversary
357-22 of the effective date of the rule. (V.A.C.S. Art. 6252-13a, Sec.
357-23 5(e).)
357-24 Sec. 2001.036. EFFECTIVE DATE OF RULES; EFFECT OF FILING
357-25 WITH SECRETARY OF STATE. (a) A rule takes effect 20 days after
357-26 the date on which it is filed in the office of the secretary of
357-27 state, except that:
358-1 (1) if a later date is required by statute or
358-2 specified in the rule, the later date is the effective date;
358-3 (2) if a state agency finds that an expedited
358-4 effective date is necessary because of imminent peril to the public
358-5 health, safety, or welfare, and subject to applicable
358-6 constitutional or statutory provisions, a rule is effective
358-7 immediately on filing with the secretary of state, or on a stated
358-8 date less than 20 days after the filing date; and
358-9 (3) if a federal statute or regulation requires that a
358-10 state agency implement a rule by a certain date, the rule is
358-11 effective on the prescribed date.
358-12 (b) A state agency finding described by Subsection (a)(2)
358-13 and a brief statement of the reasons for the finding shall be filed
358-14 with the rule. The agency shall take appropriate measures to make
358-15 emergency rules known to persons who may be affected by them.
358-16 (c) A rule adopted as provided by Subsection (a)(3) shall be
358-17 filed in the office of the secretary of state and published in the
358-18 Texas Register. (V.A.C.S. Art. 6252-13a, Sec. 10.)
358-19 Sec. 2001.037. OFFICIAL TEXT OF RULE. If there is a
358-20 conflict, the official text of a rule is the text on file with the
358-21 secretary of state and not the text published in the Texas Register
358-22 or on file with the issuing state agency. (V.A.C.S. Art. 6252-13a,
358-23 Sec. 8(b).)
358-24 Sec. 2001.038. DECLARATORY JUDGMENT. (a) The validity or
358-25 applicability of a rule, including an emergency rule adopted under
358-26 Section 2001.034, may be determined in an action for declaratory
358-27 judgment if it is alleged that the rule or its threatened
359-1 application interferes with or impairs, or threatens to interfere
359-2 with or impair, a legal right or privilege of the plaintiff.
359-3 (b) The action may be brought only in a Travis County
359-4 district court.
359-5 (c) The state agency must be made a party to the action.
359-6 (d) A court may render a declaratory judgment without regard
359-7 to whether the plaintiff requested the state agency to rule on the
359-8 validity or applicability of the rule in question.
359-9 (e) An action brought under this section may not be used to
359-10 delay or stay a hearing in which a suspension, revocation, or
359-11 cancellation of a license by a state agency is at issue before the
359-12 agency after notice of the hearing has been given. (V.A.C.S. Art.
359-13 6252-13a, Sec. 12.)
359-14 (Sections 2001.039-2001.050 reserved for expansion)
359-15 SUBCHAPTER C. CONTESTED CASES: GENERAL RIGHTS AND PROCEDURES
359-16 Sec. 2001.051. OPPORTUNITY FOR HEARING AND PARTICIPATION;
359-17 NOTICE OF HEARING. In a contested case, each party is entitled to
359-18 an opportunity:
359-19 (1) for hearing after reasonable notice of not less
359-20 than 10 days; and
359-21 (2) to respond and to present evidence and argument on
359-22 each issue involved in the case. (V.A.C.S. Art. 6252-13a, Secs.
359-23 13(a), (d).)
359-24 Sec. 2001.052. CONTENTS OF NOTICE. (a) Notice of a hearing
359-25 in a contested case must include:
359-26 (1) a statement of the time, place, and nature of the
359-27 hearing;
360-1 (2) a statement of the legal authority and
360-2 jurisdiction under which the hearing is to be held;
360-3 (3) a reference to the particular sections of the
360-4 statutes and rules involved; and
360-5 (4) a short, plain statement of the matters asserted.
360-6 (b) If a state agency or other party is unable to state
360-7 matters in detail at the time notice under this section is served,
360-8 an initial notice may be limited to a statement of the issues
360-9 involved. On timely written application, a more definite and
360-10 detailed statement shall be furnished not less than three days
360-11 before the date set for the hearing. (V.A.C.S. Art. 6252-13a,
360-12 Secs. 13(b), (c).)
360-13 Sec. 2001.053. RIGHT TO COUNSEL. (a) Each party to a
360-14 contested case is entitled to the assistance of counsel before a
360-15 state agency.
360-16 (b) A party may expressly waive the right to assistance of
360-17 counsel. (V.A.C.S. Art. 6252-13a, Sec. 14(r).)
360-18 Sec. 2001.054. LICENSES. (a) The provisions of this
360-19 chapter concerning contested cases apply to the grant, denial, or
360-20 renewal of a license that is required to be preceded by notice and
360-21 opportunity for hearing.
360-22 (b) If a license holder makes timely and sufficient
360-23 application for the renewal of a license or for a new license for
360-24 an activity of a continuing nature, the existing license does not
360-25 expire until the application has been finally determined by the
360-26 state agency. If the application is denied or the terms of the new
360-27 license are limited, the existing license does not expire until the
361-1 last day for seeking review of the agency order or a later date
361-2 fixed by order of the reviewing court.
361-3 (c) A revocation, suspension, annulment, or withdrawal of a
361-4 license is not effective unless, before institution of state agency
361-5 proceedings:
361-6 (1) the agency gives notice by personal service or by
361-7 registered or certified mail to the license holder of facts or
361-8 conduct alleged to warrant the intended action; and
361-9 (2) the license holder is given an opportunity to show
361-10 compliance with all requirements of law for the retention of the
361-11 license. (V.A.C.S. Art. 6252-13a, Sec. 18.)
361-12 Sec. 2001.055. INTERPRETERS FOR DEAF OR HEARING IMPAIRED
361-13 PARTIES AND WITNESSES. (a) In a contested case, a state agency
361-14 shall provide an interpreter whose qualifications are approved by
361-15 the Texas Commission for the Deaf and Hearing Impaired to interpret
361-16 the proceedings for a party or subpoenaed witness who is deaf or
361-17 hearing impaired.
361-18 (b) In this section, "deaf or hearing impaired" means having
361-19 a hearing impairment, whether or not accompanied by a speech
361-20 impairment, that inhibits comprehension of the proceedings or
361-21 communication with others. (V.A.C.S. Art. 6252-13a, Sec. 13A.)
361-22 Sec. 2001.056. INFORMAL DISPOSITION OF CONTESTED CASE.
361-23 Unless precluded by law, an informal disposition may be made of a
361-24 contested case by:
361-25 (1) stipulation;
361-26 (2) agreed settlement;
361-27 (3) consent order; or
362-1 (4) default. (V.A.C.S. Art. 6252-13a, Sec. 13(e).)
362-2 Sec. 2001.057. CONTINUANCES. (a) A state agency may
362-3 continue a hearing in a contested case from time to time and from
362-4 place to place.
362-5 (b) The notice of the hearing must indicate the times and
362-6 places at which the hearing may be continued.
362-7 (c) If a hearing is not concluded on the day it begins, a
362-8 state agency shall, to the extent possible, proceed with the
362-9 hearing on each subsequent working day until the hearing is
362-10 concluded. (V.A.C.S. Art. 6252-13a, Sec. 13(i).)
362-11 Sec. 2001.058. HEARING CONDUCTED BY STATE OFFICE OF
362-12 ADMINISTRATIVE HEARINGS. (a) This section applies only to an
362-13 administrative law judge employed by the State Office of
362-14 Administrative Hearings.
362-15 (b) An administrative law judge who conducts a contested
362-16 case hearing shall consider applicable agency rules or policies in
362-17 conducting the hearing but may not be supervised by the state
362-18 agency deciding the case.
362-19 (c) A state agency shall provide the administrative law
362-20 judge with a written statement of applicable rules or policies.
362-21 (d) A state agency may not attempt to influence the finding
362-22 of facts or the administrative law judge's application of the law
362-23 in a contested case except by proper evidence and legal argument.
362-24 (e) A state agency may change a finding of fact or
362-25 conclusion of law made by the administrative law judge, or may
362-26 vacate or modify an order issued by the administrative judge, only
362-27 for reasons of policy. The agency shall state in writing the
363-1 reason and legal basis for a change made under this subsection.
363-2 (V.A.C.S. Art. 6252-13a, Sec. 13(j).)
363-3 Sec. 2001.059. TRANSCRIPT. (a) On the written request of a
363-4 party to a contested case, proceedings, or any part of the
363-5 proceedings, shall be transcribed.
363-6 (b) A state agency may pay the cost of a transcript or may
363-7 assess the cost to one or more parties.
363-8 (c) This chapter does not limit a state agency to a
363-9 stenographic record of proceedings. (V.A.C.S. Art. 6252-13a, Sec.
363-10 13(g).)
363-11 Sec. 2001.060. RECORD. The record in a contested case
363-12 includes:
363-13 (1) each pleading, motion, and intermediate ruling;
363-14 (2) evidence received or considered;
363-15 (3) a statement of matters officially noticed;
363-16 (4) questions and offers of proof, objections, and
363-17 rulings on them;
363-18 (5) proposed findings and exceptions;
363-19 (6) each decision, opinion, or report by the officer
363-20 presiding at the hearing; and
363-21 (7) all staff memoranda or data submitted to or
363-22 considered by the hearing officer or members of the agency who are
363-23 involved in making the decision. (V.A.C.S. Art. 6252-13a, Sec.
363-24 13(f).)
363-25 Sec. 2001.061. EX PARTE CONSULTATIONS. (a) Unless required
363-26 for the disposition of an ex parte matter authorized by law, a
363-27 member or employee of a state agency assigned to render a decision
364-1 or to make findings of fact and conclusions of law in a contested
364-2 case may not directly or indirectly communicate in connection with
364-3 an issue of fact or law with a state agency, person, party, or a
364-4 representative of those entities, except on notice and opportunity
364-5 for each party to participate.
364-6 (b) A state agency member may communicate ex parte with
364-7 another member of the agency.
364-8 (c) Under Section 2001.090, a member or employee of a state
364-9 agency assigned to render a decision or to make findings of fact
364-10 and conclusions of law in a contested case may communicate ex parte
364-11 with an agency employee who has not participated in a hearing in
364-12 the case for the purpose of using the special skills or knowledge
364-13 of the agency and its staff in evaluating the evidence. (V.A.C.S.
364-14 Art. 6252-13a, Sec. 17.)
364-15 Sec. 2001.062. EXAMINATION OF RECORD BY STATE AGENCY;
364-16 PROPOSAL FOR DECISION. (a) In a contested case, if a majority of
364-17 the state agency officials who are to render a final decision have
364-18 not heard the case or read the record, the decision, if adverse to
364-19 a party other than the agency itself, may not be made until:
364-20 (1) a proposal for decision is served on each party;
364-21 and
364-22 (2) an opportunity is given to each adversely affected
364-23 party to file exceptions and present briefs to the officials who
364-24 are to render the decision.
364-25 (b) If a party files exceptions or presents briefs, an
364-26 opportunity shall be given to each other party to file replies to
364-27 the exceptions or briefs.
365-1 (c) A proposal for decision must contain a statement of the
365-2 reasons for the proposed decision and of each finding of fact and
365-3 conclusion of law necessary to the proposed decision. The
365-4 statement must be prepared by the individual who conducted the
365-5 hearing or by one who has read the record.
365-6 (d) A proposal for decision may be amended in response to
365-7 exceptions, replies, or briefs submitted by the parties without
365-8 again being served on the parties.
365-9 (e) The parties by written stipulation may waive compliance
365-10 with this section. (V.A.C.S. Art. 6252-13a, Sec. 15.)
365-11 (Sections 2001.063-2001.080 reserved for expansion)
365-12 SUBCHAPTER D. CONTESTED CASES: EVIDENCE, WITNESSES,
365-13 AND DISCOVERY
365-14 Sec. 2001.081. RULES OF EVIDENCE. The rules of evidence as
365-15 applied in a nonjury civil case in a district court of this state
365-16 apply to a contested case except that evidence inadmissible under
365-17 those rules may be admitted if the evidence is:
365-18 (1) necessary to ascertain facts not reasonably
365-19 susceptible of proof under those rules;
365-20 (2) not precluded by statute; and
365-21 (3) of a type on which a reasonably prudent person
365-22 commonly relies in the conduct of the person's affairs. (V.A.C.S.
365-23 Art. 6252-13a, Sec. 14(a) (part).)
365-24 Sec. 2001.082. EXCLUSION OF EVIDENCE. In a contested case,
365-25 evidence that is irrelevant, immaterial, or unduly repetitious
365-26 shall be excluded. (V.A.C.S. Art. 6252-13a, Sec. 14(a) (part).)
365-27 Sec. 2001.083. PRIVILEGE. In a contested case, a state
366-1 agency shall give effect to the rules of privilege recognized by
366-2 law. (V.A.C.S. Art. 6252-13a, Sec. 14(a) (part).)
366-3 Sec. 2001.084. OBJECTIONS TO EVIDENCE. An objection to an
366-4 evidentiary offer in a contested case may be made and shall be
366-5 noted in the record. (V.A.C.S. Art. 6252-13a, Sec. 14(a) (part).)
366-6 Sec. 2001.085. WRITTEN EVIDENCE. Subject to the
366-7 requirements of Sections 2001.081-2001.084, any part of the
366-8 evidence in a contested case may be received in writing if:
366-9 (1) a hearing will be expedited; and
366-10 (2) the interests of the parties will not be
366-11 substantially prejudiced. (V.A.C.S. Art. 6252-13a, Sec. 14(a)
366-12 (part).)
366-13 Sec. 2001.086. DOCUMENTARY EVIDENCE. A copy or excerpt of
366-14 documentary evidence may be received in a contested case if an
366-15 original document is not readily available. On request, a party
366-16 shall be given an opportunity to compare the copy or excerpt with
366-17 the original document. (V.A.C.S. Art. 6252-13a, Sec. 14(o).)
366-18 Sec. 2001.087. CROSS-EXAMINATION. In a contested case, a
366-19 party may conduct cross-examination required for a full and true
366-20 disclosure of the facts. (V.A.C.S. Art. 6252-13a, Sec. 14(p).)
366-21 Sec. 2001.088. WITNESSES. A state agency may swear
366-22 witnesses and take their testimony under oath in connection with a
366-23 contested case held under this chapter. (V.A.C.S. Art. 6252-13a,
366-24 Sec. 14(b).)
366-25 Sec. 2001.089. ISSUANCE OF SUBPOENA. On its own motion or
366-26 on the written request of a party to a contested case pending
366-27 before it, a state agency shall issue a subpoena addressed to the
367-1 sheriff or to a constable to require the attendance of a witness or
367-2 the production of books, records, papers, or other objects that may
367-3 be necessary and proper for the purposes of a proceeding if there
367-4 is:
367-5 (1) a showing of good cause; and
367-6 (2) a deposit of an amount that will reasonably ensure
367-7 payment of the amounts estimated to accrue under Section 2001.103.
367-8 (V.A.C.S. Art. 6252-13a, Sec. 14(c).)
367-9 Sec. 2001.090. OFFICIAL NOTICE; STATE AGENCY EVALUATION OF
367-10 EVIDENCE. (a) In connection with a hearing held under this
367-11 chapter, official notice may be taken of:
367-12 (1) all facts that are judicially cognizable; and
367-13 (2) generally recognized facts within the area of the
367-14 state agency's specialized knowledge.
367-15 (b) Each party shall be notified either before or during the
367-16 hearing, or by reference in a preliminary report or otherwise, of
367-17 the material officially noticed, including staff memoranda or
367-18 information.
367-19 (c) Each party is entitled to be given an opportunity to
367-20 contest material that is officially noticed.
367-21 (d) The special skills or knowledge of the state agency and
367-22 its staff may be used in evaluating the evidence. (V.A.C.S. Art.
367-23 6252-13a, Sec. 14(q).)
367-24 Sec. 2001.091. DISCOVERY FROM PARTIES: ORDERS FOR
367-25 PRODUCTION OR INSPECTION. (a) On the motion of a party, on notice
367-26 to each other party, and subject to limitations of the kind
367-27 provided for discovery under the Texas Rules of Civil Procedure, a
368-1 state agency in which a contested case is pending may order a
368-2 party:
368-3 (1) to produce and to permit the party making the
368-4 motion or a person on behalf of that party to inspect and to copy
368-5 or photograph a designated document, paper, book, account, letter,
368-6 photograph, or tangible thing in the party's possession, custody,
368-7 or control that:
368-8 (A) is not privileged; and
368-9 (B) constitutes or contains, or is reasonably
368-10 calculated to lead to the discovery of, evidence that is material
368-11 to a matter involved in the contested case; and
368-12 (2) to permit entry to designated land or other
368-13 property in the party's possession or control to inspect, measure,
368-14 survey, or photograph the property or a designated object or
368-15 operation on the property that may be material to a matter involved
368-16 in the contested case.
368-17 (b) An order under this section:
368-18 (1) must specify the time, place, and manner of making
368-19 the inspection, measurement, or survey, or of making copies or
368-20 photographs; and
368-21 (2) may prescribe terms and conditions that are just.
368-22 (V.A.C.S. Art. 6252-13a, Secs. 14a(a), (b).)
368-23 Sec. 2001.092. DISCOVERY FROM PARTIES: IDENTITY OF WITNESS
368-24 OR POTENTIAL PARTY; EXPERT REPORTS. (a) The identity and location
368-25 of a potential party or witness in a contested case may be obtained
368-26 from a communication or other paper in a party's possession,
368-27 custody, or control.
369-1 (b) A party may be required to produce and permit the
369-2 inspection and copying of a report, including factual observations
369-3 and opinions, of an expert who will be called as a witness.
369-4 (c) This section does not extend to other communications:
369-5 (1) made after the occurrence or transaction on which
369-6 the contested case is based;
369-7 (2) made in connection with the prosecution,
369-8 investigation, or defense of the contested case or the
369-9 circumstances from which the case arose; and
369-10 (3) that are:
369-11 (A) written statements of witnesses;
369-12 (B) in writing and between agents,
369-13 representatives, or employees of a party; or
369-14 (C) between a party and the party's agent,
369-15 representative, or employee. (V.A.C.S. Art. 6252-13a,
369-16 Sec. 14a(c).)
369-17 Sec. 2001.093. DISCOVERY FROM PARTIES: COPY OF PREVIOUS
369-18 STATEMENT. (a) On request, a person, including a person who is
369-19 not a party, is entitled to obtain a copy of a statement in a
369-20 party's possession, custody, or control that the person has
369-21 previously made about the contested case or its subject matter.
369-22 (b) A person whose request under Subsection (a) is refused
369-23 may move for a state agency order under Section 2001.091.
369-24 (c) In this section, a statement is considered to be
369-25 previously made if it is:
369-26 (1) a written statement signed or otherwise adopted or
369-27 approved by the person making it; or
370-1 (2) a stenographic, mechanical, electrical, or other
370-2 recording, or a transcription of the recording, which is a
370-3 substantially verbatim recital of an oral statement by the person
370-4 making it and that was contemporaneously recorded. (V.A.C.S. Art.
370-5 6252-13a, Sec. 14a(d).)
370-6 Sec. 2001.094. ISSUANCE OF COMMISSION REQUIRING DEPOSITION.
370-7 (a) On its own motion or on the written request of a party to a
370-8 contested case pending before it, and on deposit of an amount that
370-9 will reasonably ensure payment of the amount estimated to accrue
370-10 under Section 2001.103, a state agency shall issue a commission,
370-11 addressed to the officers authorized by statute to take a
370-12 deposition, requiring that the deposition of a witness be taken.
370-13 (b) The commission shall authorize the issuance of any
370-14 subpoena necessary to require that the witness appear and produce,
370-15 at the time the deposition is taken, books, records, papers, or
370-16 other objects that may be necessary and proper for the purpose of
370-17 the proceeding.
370-18 (c) The commission shall require an officer to whom it is
370-19 addressed to:
370-20 (1) examine the witness before the officer on the date
370-21 and at the place named in the commission; and
370-22 (2) take answers under oath to questions asked the
370-23 witness by a party to the proceeding, the state agency, or an
370-24 attorney for a party or the agency.
370-25 (d) The commission shall require the witness to remain in
370-26 attendance from day to day until the deposition is begun and
370-27 completed. (V.A.C.S. Art. 6252-13a, Secs. 14(d) (part), (e)
371-1 (part).)
371-2 Sec. 2001.095. DEPOSITION OF STATE AGENCY BOARD MEMBER. The
371-3 deposition of a member of a state agency board may not be taken
371-4 after a date has been set for hearing in a contested case.
371-5 (V.A.C.S. Art. 6252-13a, Sec. 14(d) (part).)
371-6 Sec. 2001.096. PLACE OF DEPOSITION. A deposition in a
371-7 contested case shall be taken in the county where the witness:
371-8 (1) resides;
371-9 (2) is employed; or
371-10 (3) regularly transacts business in person. (V.A.C.S.
371-11 Art. 6252-13a, Sec. 14(e) (part).)
371-12 Sec. 2001.097. OBJECTIONS TO DEPOSITION TESTIMONY. (a) The
371-13 officer taking an oral deposition in a contested case may not:
371-14 (1) sustain an objection to the testimony taken; or
371-15 (2) exclude testimony.
371-16 (b) An objection to deposition testimony is reserved for the
371-17 action of the state agency before which the matter is pending.
371-18 (c) The administrator or other officer conducting the
371-19 contested case hearing may consider objections other than those
371-20 made at the taking of the testimony. (V.A.C.S. Art. 6252-13a, Sec.
371-21 14(g).)
371-22 Sec. 2001.098. PREPARATION OF DEPOSITION. (a) A deposition
371-23 witness in a contested case shall be carefully examined.
371-24 (b) The testimony shall be reduced to writing or typewriting
371-25 by the officer taking the deposition, a person under the officer's
371-26 personal supervision, or the deposition witness in the officer's
371-27 presence. (V.A.C.S. Art. 6252-13a, Sec. 14(f).)
372-1 Sec. 2001.099. SUBMISSION OF DEPOSITION TO WITNESS;
372-2 SIGNATURE. (a) A deposition in a contested case shall be
372-3 submitted to the witness for examination after the testimony is
372-4 fully transcribed and shall be read to or by the witness.
372-5 (b) The witness and the parties may waive in writing the
372-6 examination and reading of a deposition under Subsection (a).
372-7 (c) If the witness is a party to the contested case pending
372-8 before the agency with an attorney of record, the deposition
372-9 officer shall notify the attorney of record in writing by
372-10 registered or certified mail that the deposition is ready for
372-11 examination and reading at the office of the deposition officer and
372-12 that if the witness does not appear and examine, read, and sign the
372-13 deposition before the 21st day after the date on which the notice
372-14 is mailed, the deposition shall be returned as provided by this
372-15 subchapter for unsigned depositions.
372-16 (d) A witness must sign a deposition at least three days
372-17 before the date of the hearing or the deposition shall be returned
372-18 as an unsigned deposition as provided by this subchapter.
372-19 (e) The officer taking a deposition shall enter on the
372-20 deposition:
372-21 (1) a change in form or substance that the witness
372-22 desires to make; and
372-23 (2) a statement of the reasons given by the witness
372-24 for making the change.
372-25 (f) After the deposition officer has entered any change and
372-26 a statement of reasons for the change on the deposition under
372-27 Subsection (e), the witness shall sign the deposition unless:
373-1 (1) the parties present at the taking of the
373-2 deposition by stipulation waive the signing;
373-3 (2) the witness is ill;
373-4 (3) the witness cannot be found; or
373-5 (4) the witness refuses to sign.
373-6 (g) If a deposition is not signed by the witness, the
373-7 officer shall sign it and state on the record the fact of the
373-8 witness' waiver, illness, absence, or refusal to sign and the
373-9 reason given, if any, for failure to sign. The deposition may then
373-10 be used as though signed by the witness. (V.A.C.S. Art. 6252-13a,
373-11 Sec. 14(h).)
373-12 Sec. 2001.100. RETURN OF DEPOSITION TO STATE AGENCY. (a) A
373-13 deposition may be returned to the state agency before which the
373-14 contested case is pending by mail or by a party interested in
373-15 taking the deposition or another person.
373-16 (b) For a deposition returned by mail, the state agency
373-17 shall:
373-18 (1) endorse on the deposition the fact that it was
373-19 received from the post office; and
373-20 (2) have it signed by the agency employee receiving
373-21 the deposition.
373-22 (c) For a deposition returned by means other than mail, the
373-23 person delivering it to the state agency shall execute an affidavit
373-24 before the agency stating that:
373-25 (1) the person received it from the hands of the
373-26 officer before whom it was taken;
373-27 (2) it has not been out of the person's possession
374-1 since the person received it; and
374-2 (3) it has not been altered. (V.A.C.S. Art. 6252-13a,
374-3 Sec. 14(i).)
374-4 Sec. 2001.101. OPENING OF DEPOSITION BY STATE AGENCY
374-5 EMPLOYEE. (a) At the request of a party or the party's counsel, a
374-6 deposition in a contested case that is filed with a state agency
374-7 may be opened by an employee of the agency.
374-8 (b) A state agency employee who opens a deposition shall:
374-9 (1) endorse on the deposition the day and at whose
374-10 request it was opened; and
374-11 (2) sign the deposition.
374-12 (c) The deposition shall remain on file with the state
374-13 agency for the inspection of any party. (V.A.C.S. Art. 6252-13a,
374-14 Sec. 14(j).)
374-15 Sec. 2001.102. USE OF DEPOSITION. A party is entitled to
374-16 use a deposition taken under this subchapter in the contested case
374-17 pending before the state agency without regard to whether a
374-18 cross-interrogatory has been propounded. (V.A.C.S. Art. 6252-13a,
374-19 Sec. 14(k).)
374-20 Sec. 2001.103. MILEAGE AND PER DIEM OF WITNESS OR DEPONENT.
374-21 (a) A witness or deponent in a contested case who is not a party
374-22 and who is subpoenaed or otherwise compelled to attend a hearing or
374-23 proceeding to give a deposition or to produce books, records,
374-24 papers, or other objects that may be necessary and proper for the
374-25 purposes of a proceeding under this chapter is entitled to receive:
374-26 (1) 10 cents for each mile, or a greater amount
374-27 prescribed by state agency rule, for going to and returning from
375-1 the place of the hearing or deposition if the place is more than 25
375-2 miles from the person's place of residence; and
375-3 (2) $10, or a greater amount prescribed by state
375-4 agency rule, for each day or part of a day that the person is
375-5 necessarily present.
375-6 (b) On the presentation of proper vouchers sworn by the
375-7 witness and approved by the state agency, the party or agency at
375-8 whose request the witness appears or the deposition is taken shall
375-9 pay the amounts to which the witness is entitled under this
375-10 section. (V.A.C.S. Art. 6252-13a, Secs. 14(l), (m).)
375-11 (Sections 2001.104-2001.120 reserved for expansion)
375-12 SUBCHAPTER E. CONTESTED CASES: TESTIMONY OF CHILD
375-13 Sec. 2001.121. STATEMENT OR TESTIMONY BY CERTAIN CHILD ABUSE
375-14 VICTIMS. (a) This section applies:
375-15 (1) to a contested case and judicial review of a final
375-16 decision under this chapter, whether by trial de novo or under the
375-17 substantial evidence rule, in which an issue is the abuse of a
375-18 child younger than 12 years of age; and
375-19 (2) only to the statement or testimony of a child
375-20 younger than 12 years of age who is alleged to have been abused.
375-21 (b) The recording of an oral statement recorded before the
375-22 proceeding is admissible into evidence if:
375-23 (1) an attorney for a party to the proceeding was not
375-24 present when the statement was made;
375-25 (2) the recording is both visual and aural and is
375-26 recorded on film or videotape or by other electronic means;
375-27 (3) the recording equipment was capable of making an
376-1 accurate recording;
376-2 (4) the operator was competent;
376-3 (5) the recording is accurate and has not been
376-4 altered;
376-5 (6) the statement was not made in response to
376-6 questioning calculated to lead the child to make a particular
376-7 statement;
376-8 (7) each voice on the recording is identified;
376-9 (8) the individual conducting the interview of the
376-10 child in the recording is present at the proceeding and available
376-11 to testify or to be cross-examined by either party; and
376-12 (9) each party to the proceeding is given an
376-13 opportunity to view the recording before it is offered into
376-14 evidence.
376-15 (c) On the motion of a party to the proceeding, the
376-16 individual conducting the hearing may order that the testimony of
376-17 the child be taken in a room other than the hearing room and be
376-18 televised by closed circuit equipment in the hearing room to be
376-19 viewed by the finder of fact and the parties to the proceeding.
376-20 Only an attorney for each party, an attorney ad litem for the child
376-21 or other individual whose presence would contribute to the welfare
376-22 and well-being of the child, and individuals necessary to operate
376-23 the equipment may be present in the room with the child during the
376-24 child's testimony. Only the attorneys for the parties may question
376-25 the child. The individuals operating the equipment shall be
376-26 confined to an adjacent room or behind a screen or mirror that
376-27 permits them to see and hear the child during the child's testimony
377-1 but does not permit the child to see or hear them.
377-2 (d) On the motion of a party to the proceeding, the
377-3 individual conducting the hearing may order that the testimony of
377-4 the child be taken outside the hearing room and be recorded for
377-5 showing in the hearing room before the individual conducting the
377-6 hearing, the finder of fact, and the parties to the proceeding.
377-7 Only those individuals permitted to be present at the taking of
377-8 testimony under Subsection (c) may be present during the taking of
377-9 the child's testimony. Only the attorneys for the parties may
377-10 question the child, and the individuals operating the equipment
377-11 shall be confined from the child's sight and hearing as provided by
377-12 Subsection (c). The individual conducting the hearing shall ensure
377-13 that:
377-14 (1) the recording is both visual and aural and is
377-15 recorded on film or videotape or by other electronic means;
377-16 (2) the recording equipment was capable of making an
377-17 accurate recording;
377-18 (3) the operator was competent;
377-19 (4) the recording is accurate and is not altered;
377-20 (5) each voice on the recording is identified; and
377-21 (6) each party to the proceeding is given an
377-22 opportunity to view the recording before it is shown in the hearing
377-23 room.
377-24 (e) A child whose testimony is taken as provided by this
377-25 section may not be compelled to testify in the presence of the
377-26 individual conducting the hearing during the proceeding. (V.A.C.S.
377-27 Art. 6252-13a, Secs. 13B, 19(g).)
378-1 Sec. 2001.122. HEARSAY STATEMENT OF CHILD ABUSE VICTIM. (a)
378-2 This section applies:
378-3 (1) to a proceeding held under this chapter or a
378-4 judicial review of a final decision under this chapter, whether by
378-5 trial de novo or under the substantial evidence rule, in which an
378-6 issue is the abuse of a child 12 years of age or younger; and
378-7 (2) only to a statement that describes an alleged
378-8 incident of child abuse that:
378-9 (A) was made by the child who is the alleged
378-10 victim of the incident; and
378-11 (B) was made to the first individual 18 years of
378-12 age or older, other than the individual accused of abuse, to whom
378-13 the child made a statement about the incident.
378-14 (b) A statement that meets the requirements of Subsection
378-15 (a)(2) is not inadmissible as hearsay if:
378-16 (1) on or before the seventh day before the date on
378-17 which the proceeding or hearing begins, the party intending to
378-18 offer the statement:
378-19 (A) notifies each other party of the party's
378-20 intention to do so;
378-21 (B) provides each other party with the name of
378-22 the witness through whom it intends to offer the statement; and
378-23 (C) provides each other party with a written
378-24 summary of the statement;
378-25 (2) the presiding official conducting the proceeding
378-26 finds that the statement is reliable based on the time, content,
378-27 and circumstances of the statement; and
379-1 (3) the child who is the alleged victim testifies or
379-2 is available to testify at the hearing in court, at the proceeding,
379-3 or in any other manner provided by law.
379-4 (c) The finding required by Subsection (b)(2) shall be made
379-5 in a hearing conducted outside the presence of the jury, if the
379-6 hearing is before a jury. (V.A.C.S. Art. 6252-13a, Secs. 13C,
379-7 19(g).)
379-8 (Sections 2001.123-2001.140 reserved for expansion)
379-9 SUBCHAPTER F. CONTESTED CASES: FINAL DECISIONS AND ORDERS;
379-10 MOTIONS FOR REHEARING
379-11 Sec. 2001.141. FORM OF DECISION; FINDINGS OF FACT AND
379-12 CONCLUSIONS OF LAW. (a) A decision or order that may become final
379-13 under Section 2001.144 that is adverse to a party in a contested
379-14 case must be in writing or stated in the record.
379-15 (b) A decision that may become final under Section 2001.144
379-16 must include findings of fact and conclusions of law, separately
379-17 stated.
379-18 (c) Findings of fact may be based only on the evidence and
379-19 on matters that are officially noticed.
379-20 (d) Findings of fact, if set forth in statutory language,
379-21 must be accompanied by a concise and explicit statement of the
379-22 underlying facts supporting the findings.
379-23 (e) If a party submits under a state agency rule proposed
379-24 findings of fact, the decision shall include a ruling on each
379-25 proposed finding. (V.A.C.S. Art. 6252-13a, Secs. 13(h); 16(a), (b)
379-26 (part).)
379-27 Sec. 2001.142. NOTIFICATION OF DECISIONS AND ORDERS. (a) A
380-1 party in a contested case shall be notified either personally or by
380-2 first class mail of any decision or order.
380-3 (b) On issuance in a contested case of a decision that may
380-4 become final under Section 2001.144 or an order ruling on a motion
380-5 for rehearing, a state agency shall send a copy of the decision or
380-6 order by first class mail to the attorneys of record and shall keep
380-7 an appropriate record of the mailing. If a party is not
380-8 represented by an attorney of record, the state agency shall send a
380-9 copy of the decision or order by first class mail to the party and
380-10 shall keep an appropriate record of the mailing.
380-11 (c) A party or attorney of record notified by mail under
380-12 Subsection (b) is presumed to have been notified on the date on
380-13 which the notice is mailed. (V.A.C.S. Art. 6252-13a, Sec. 16(b)
380-14 (part).)
380-15 Sec. 2001.143. TIME OF RENDERING DECISION. (a) A decision
380-16 or order that may become final under Section 2001.144 in a
380-17 contested case must be rendered not later than the 60th day after
380-18 the date on which the hearing is finally closed.
380-19 (b) In a contested case heard by other than a majority of
380-20 the officials of a state agency, the agency may extend the period
380-21 in which the decision or order may be issued.
380-22 (c) Any extension shall be announced at the conclusion of
380-23 the hearing. (V.A.C.S. Art. 6252-13a, Sec. 16(d).)
380-24 Sec. 2001.144. DECISIONS; WHEN FINAL. (a) A decision in a
380-25 contested case is final:
380-26 (1) if a motion for rehearing is not filed on time, on
380-27 the expiration of the period for filing a motion for rehearing;
381-1 (2) if a motion for rehearing is filed on time, on the
381-2 date:
381-3 (A) the order overruling the motion for
381-4 rehearing is rendered; or
381-5 (B) the motion is overruled by operation of law;
381-6 or
381-7 (3) if a state agency finds that an imminent peril to
381-8 the public health, safety, or welfare requires immediate effect of
381-9 a decision or order, on the date the decision is rendered.
381-10 (b) If a decision or order is final under Subsection (a)(3),
381-11 a state agency must recite in the decision or order the finding
381-12 made under Subsection (a)(3) and the fact that the decision or
381-13 order is final and effective on the date rendered. (V.A.C.S. Art.
381-14 6252-13a, Sec. 16(c) (part).)
381-15 Sec. 2001.145. MOTIONS FOR REHEARING: PREREQUISITES TO
381-16 APPEAL. (a) A timely motion for rehearing is a prerequisite to an
381-17 appeal in a contested case except that a motion for rehearing of a
381-18 decision or order that is final under Section 2001.144(a)(3) is not
381-19 a prerequisite for appeal.
381-20 (b) A decision that is final under Section 2001.144(a)(2) or
381-21 (3) is appealable. (V.A.C.S. Art. 6252-13a, Secs. 16(c) (part),
381-22 (e) (part).)
381-23 Sec. 2001.146. MOTIONS FOR REHEARING: PROCEDURES. (a) A
381-24 motion for rehearing in a contested case must be filed by a party
381-25 not later than the 20th day after the date on which the party or
381-26 the party's attorney of record is notified as required by Section
381-27 2001.142 of a decision or order that may become final under Section
382-1 2001.144.
382-2 (b) A reply to a motion for rehearing must be filed with the
382-3 state agency not later than the 30th day after the date on which
382-4 the party or the party's attorney of record is notified as required
382-5 by Section 2001.142 of the decision or order that may become final
382-6 under Section 2001.144.
382-7 (c) A state agency shall act on a motion for rehearing not
382-8 later than the 45th day after the date on which the party or the
382-9 party's attorney of record is notified as required by Section
382-10 2001.142 of the decision or order that may become final under
382-11 Section 2001.144, or the motion for rehearing is overruled by
382-12 operation of law.
382-13 (d) If a state agency board includes a member who does not
382-14 receive a salary for work as a board member and who resides outside
382-15 Travis County, the board may rule on a motion for rehearing at a
382-16 meeting or by:
382-17 (1) mail;
382-18 (2) telephone;
382-19 (3) telegraph; or
382-20 (4) another suitable means of communication.
382-21 (e) A state agency may by written order extend the time for
382-22 filing a motion or reply or taking agency action under this
382-23 section, except that an extension may not extend the period for
382-24 agency action beyond the 90th day after the date on which the party
382-25 or the party's attorney of record is notified as required by
382-26 Section 2001.142 of the decision or order that may become final
382-27 under Section 2001.144.
383-1 (f) In the event of an extension, a motion for rehearing is
383-2 overruled by operation of law on the date fixed by the order or, in
383-3 the absence of a fixed date, 90 days after the date on which the
383-4 party or the party's attorney of record is notified as required by
383-5 Section 2001.142 of the decision or order that may become final
383-6 under Section 2001.144. (V.A.C.S. Art. 6252-13a, Secs. 16(c)
383-7 (part), (e) (part).)
383-8 Sec. 2001.147. AGREEMENT TO MODIFY TIME LIMITS. The parties
383-9 to a contested case, with state agency approval, may agree to
383-10 modify the times prescribed by Sections 2001.143 and 2001.146.
383-11 (V.A.C.S. Art. 6252-13a, Sec. 16(f).)
383-12 (Sections 2001.148-2001.170 reserved for expansion)
383-13 SUBCHAPTER G. CONTESTED CASES: JUDICIAL REVIEW
383-14 Sec. 2001.171. JUDICIAL REVIEW. A person who has exhausted
383-15 all administrative remedies available within a state agency and who
383-16 is aggrieved by a final decision in a contested case is entitled to
383-17 judicial review under this chapter. (V.A.C.S. Art. 6252-13a, Sec.
383-18 19(a) (part).)
383-19 Sec. 2001.172. SCOPE OF JUDICIAL REVIEW. The scope of
383-20 judicial review of a state agency decision in a contested case is
383-21 as provided by the law under which review is sought. (V.A.C.S.
383-22 Art. 6252-13a, Sec. 19(e) (part).)
383-23 Sec. 2001.173. TRIAL DE NOVO REVIEW. (a) If the manner of
383-24 review authorized by law for the decision in a contested case that
383-25 is the subject of complaint is by trial de novo, the reviewing
383-26 court shall try each issue of fact and law in the manner that
383-27 applies to other civil suits in this state as though there had not
384-1 been an intervening agency action or decision but may not admit in
384-2 evidence the fact of prior state agency action or the nature of
384-3 that action except to the limited extent necessary to show
384-4 compliance with statutory provisions that vest jurisdiction in the
384-5 court.
384-6 (b) On demand, a party to a trial de novo review may have a
384-7 jury determination of each issue of fact on which a jury
384-8 determination could be obtained in other civil suits in this state.
384-9 (V.A.C.S. Art. 6252-13a, Secs. 19(c), (e) (part).)
384-10 Sec. 2001.174. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE OR
384-11 UNDEFINED SCOPE OF REVIEW. If the law authorizes review of a
384-12 decision in a contested case under the substantial evidence rule or
384-13 if the law does not define the scope of judicial review, a court
384-14 may not substitute its judgment for the judgment of the state
384-15 agency on the weight of the evidence on questions committed to
384-16 agency discretion but:
384-17 (1) may affirm the agency decision in whole or in
384-18 part; and
384-19 (2) shall reverse or remand the case for further
384-20 proceedings if substantial rights of the appellant have been
384-21 prejudiced because the administrative findings, inferences,
384-22 conclusions, or decisions are:
384-23 (A) in violation of a constitutional or
384-24 statutory provision;
384-25 (B) in excess of the agency's statutory
384-26 authority;
384-27 (C) made through unlawful procedure;
385-1 (D) affected by other error of law;
385-2 (E) not reasonably supported by substantial
385-3 evidence considering the reliable and probative evidence in the
385-4 record as a whole; or
385-5 (F) arbitrary or capricious or characterized by
385-6 abuse of discretion or clearly unwarranted exercise of discretion.
385-7 (V.A.C.S. Art. 6252-13a, Sec. 19(e) (part).)
385-8 Sec. 2001.175. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL
385-9 EVIDENCE RULE OR UNDEFINED SCOPE OF REVIEW. (a) The procedures of
385-10 this section apply if the manner of review authorized by law for
385-11 the decision in a contested case that is the subject of complaint
385-12 is other than by trial de novo.
385-13 (b) After service of the petition on a state agency and
385-14 within the time permitted for filing an answer, or within
385-15 additional time allowed by the court, the agency shall send to the
385-16 reviewing court the original or a certified copy of the entire
385-17 record of the proceeding under review. The record shall be filed
385-18 with the clerk of the court. The record may be shortened by
385-19 stipulation of all parties to the review proceedings. The court
385-20 may assess additional costs against a party who unreasonably
385-21 refuses to stipulate to limit the record, unless the party is
385-22 subject to a rule adopted under Section 2001.177 requiring payment
385-23 of all costs of record preparation. The court may require or
385-24 permit later corrections or additions to the record.
385-25 (c) A party may apply to the court to present additional
385-26 evidence. If the court is satisfied that the additional evidence
385-27 is material and that there were good reasons for the failure to
386-1 present it in the proceeding before the state agency, the court may
386-2 order that the additional evidence be taken before the agency on
386-3 conditions determined by the court. The agency may change its
386-4 findings and decision by reason of the additional evidence and
386-5 shall file the additional evidence and any changes, new findings,
386-6 or decisions with the reviewing court.
386-7 (d) The party seeking judicial review shall offer, and the
386-8 reviewing court shall admit, the state agency record into evidence
386-9 as an exhibit.
386-10 (e) A court shall conduct the review sitting without a jury
386-11 and is confined to the agency record, except that the court may
386-12 receive evidence of procedural irregularities alleged to have
386-13 occurred before the agency that are not reflected in the record.
386-14 (V.A.C.S. Art. 6252-13a, Sec. 19(d).)
386-15 Sec. 2001.176. PETITION INITIATING JUDICIAL REVIEW. (a) A
386-16 person initiates judicial review in a contested case by filing a
386-17 petition not later than the 30th day after the date on which the
386-18 decision that is the subject of complaint is final and appealable.
386-19 (b) Unless otherwise provided by statute:
386-20 (1) the petition must be filed in a Travis County
386-21 district court;
386-22 (2) a copy of the petition must be served on the state
386-23 agency and each party of record in the proceedings before the
386-24 agency; and
386-25 (3) the filing of the petition vacates a state agency
386-26 decision for which trial de novo is the manner of review authorized
386-27 by law but does not affect the enforcement of an agency decision
387-1 for which another manner of review is authorized. (V.A.C.S. Art.
387-2 6252-13a, Sec. 19(b).)
387-3 Sec. 2001.177. COST OF PREPARING AGENCY RECORD. (a) A
387-4 state agency by rule may require a party who appeals a final
387-5 decision in a contested case to pay all or a part of the cost of
387-6 preparation of the original or a certified copy of the record of
387-7 the agency proceeding that is required to be sent to the reviewing
387-8 court.
387-9 (b) A charge imposed under this section is a court cost and
387-10 may be assessed by the court in accordance with the Texas Rules of
387-11 Civil Procedure. (V.A.C.S. Art. 6252-13a, Sec. 19(f).)
387-12 Sec. 2001.178. CUMULATIVE EFFECT. This subchapter is
387-13 cumulative of other means of redress provided by statute.
387-14 (V.A.C.S. Art. 6252-13a, Sec. 19(a) (part).)
387-15 (Sections 2001.179-2001.200 reserved for expansion)
387-16 SUBCHAPTER H. COURT ENFORCEMENT
387-17 Sec. 2001.201. COURT ENFORCEMENT OF SUBPOENA OR COMMISSION.
387-18 (a) If a person fails to comply with a subpoena or commission
387-19 issued under this chapter, the state agency issuing the subpoena or
387-20 commission, acting through the attorney general, or the party
387-21 requesting the subpoena or commission, may bring suit to enforce
387-22 the subpoena or commission in a district court in Travis County or
387-23 in the county in which a hearing conducted by the agency may be
387-24 held.
387-25 (b) A court that determines that good cause exists for the
387-26 issuance of the subpoena or commission shall order compliance with
387-27 the subpoena or commission. The court may hold in contempt a
388-1 person who does not obey the order. (V.A.C.S. Art. 6252-13a, Sec.
388-2 14(n).)
388-3 Sec. 2001.202. COURT ENFORCEMENT OF FINAL ORDERS, DECISIONS,
388-4 AND RULES. (a) The attorney general, on the request of a state
388-5 agency to which it appears that a person is violating, about to
388-6 violate, or failing or refusing to comply with a final order or
388-7 decision or an agency rule, may bring an action in a district court
388-8 authorized to exercise judicial review of the final order or
388-9 decision or the rule to:
388-10 (1) enjoin or restrain the continuation or
388-11 commencement of the violation; or
388-12 (2) compel compliance with the final order or decision
388-13 or the rule.
388-14 (b) The action authorized by this section is in addition to
388-15 any other remedy provided by law. (V.A.C.S. Art. 6252-13a, Sec.
388-16 19A.)
388-17 (Sections 2001.203-2001.220 reserved for expansion)
388-18 SUBCHAPTER I. EXCEPTIONS
388-19 Sec. 2001.221. DRIVER'S LICENSES. This chapter does not
388-20 apply to a suspension, revocation, cancellation, denial, or
388-21 disqualification of a driver's license or commercial driver's
388-22 license as authorized by:
388-23 (1) Article IV, Chapter 173, Acts of the 47th
388-24 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
388-25 Civil Statutes);
388-26 (2) the Texas Commercial Driver's License Act (Article
388-27 6687b-2, Revised Statutes);
389-1 (3) the Texas Motor Vehicle Safety-Responsibility Act
389-2 (Article 6701h, Vernon's Texas Civil Statutes);
389-3 (4) Chapter 434, Acts of the 61st Legislature, Regular
389-4 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes); or
389-5 (5) Section 13, Article 42.12, Code of Criminal
389-6 Procedure. (V.A.C.S. Art. 6252-13a, Sec. 21(a).)
389-7 Sec. 2001.222. STATE AGENCY PERSONNEL RULES AND PRACTICES.
389-8 This chapter does not apply to matters related solely to the
389-9 internal personnel rules and practices of a state agency.
389-10 (V.A.C.S. Art. 6252-13a, Sec. 21(d).)
389-11 Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
389-12 ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and
389-13 Subchapters C-H do not apply to:
389-14 (1) the granting, payment, denial, or withdrawal of
389-15 financial or medical assistance or benefits under service programs
389-16 of the Texas Department of Human Services;
389-17 (2) action by the Banking Commissioner or the State
389-18 Banking Board regarding the issuance of a state bank charter for a
389-19 bank to assume the assets and liabilities of a state bank that the
389-20 commissioner determines to be in an unsafe condition as defined by
389-21 Section 1, Article 1a, Chapter VIII, The Texas Banking Code
389-22 (Article 342-801a, Vernon's Texas Civil Statutes);
389-23 (3) a hearing or interview conducted by the Board of
389-24 Pardons and Paroles or the pardons and paroles division of the
389-25 Texas Department of Criminal Justice relating to the grant,
389-26 rescission, or revocation of parole or other form of administrative
389-27 release; or
390-1 (4) the suspension, revocation, or termination of the
390-2 certification of a breath analysis operator or technical supervisor
390-3 under the rules of the Department of Public Safety. (V.A.C.S. Art.
390-4 6252-13a, Secs. 21(b), (e), (f), (i).)
390-5 Sec. 2001.224. TEXAS EMPLOYMENT COMMISSION. Section
390-6 2001.038 and Subchapters C-H do not apply to a hearing by the Texas
390-7 Employment Commission to determine whether or not a claimant is
390-8 entitled to unemployment compensation, and the remainder of this
390-9 chapter does not apply other than to matters of unemployment
390-10 insurance maintained by the commission. Regarding unemployment
390-11 insurance matters, the commission may not comply with Section
390-12 2001.004(3) or 2001.005 relating to orders and decisions.
390-13 (V.A.C.S. Art. 6252-13a, Sec. 21(g).)
390-14 Sec. 2001.225. CERTAIN ALCOHOLIC BEVERAGE CODE APPEALS.
390-15 Section 2001.176(b)(1) does not apply to an appeal under Section
390-16 32.18, Alcoholic Beverage Code. (V.A.C.S. Art. 6252-13a, Sec.
390-17 21(h).)
390-18 (Sections 2001.226-2001.900 reserved for expansion)
390-19 SUBCHAPTER Z. MISCELLANEOUS
390-20 Sec. 2001.901. APPEAL FROM DISTRICT COURT. (a) A party may
390-21 appeal a final district court judgment under this chapter in the
390-22 manner provided for civil actions generally.
390-23 (b) An appeal bond may not be required of a state agency.
390-24 (V.A.C.S. Art. 6252-13a, Sec. 20.)
390-25 Sec. 2001.902. SAVINGS CLAUSE. This chapter does not repeal
390-26 a statutory provision that confers investigatory authority on a
390-27 state agency, including a provision that grants an agency the
391-1 power, in connection with investigatory authority, to:
391-2 (1) take depositions;
391-3 (2) administer oaths or affirmations;
391-4 (3) examine witnesses;
391-5 (4) receive evidence;
391-6 (5) conduct hearings; or
391-7 (6) issue subpoenas or summons. (V.A.C.S. Art.
391-8 6252-13a, Sec. 22 (part).)
391-9 CHAPTER 2002. TEXAS REGISTER AND ADMINISTRATIVE CODE
391-10 SUBCHAPTER A. GENERAL PROVISIONS
391-11 Sec. 2002.001. DEFINITIONS
391-12 Sec. 2002.002. PURPOSE
391-13 (Sections 2002.003-2002.010 reserved for expansion)
391-14 SUBCHAPTER B. TEXAS REGISTER
391-15 Sec. 2002.011. TEXAS REGISTER
391-16 Sec. 2002.012. SUMMARIES OF OPINIONS AND REQUESTS FOR
391-17 OPINIONS
391-18 Sec. 2002.013. FREQUENCY OF PUBLICATION
391-19 Sec. 2002.014. OMISSION OF INFORMATION
391-20 Sec. 2002.015. DISTRIBUTION
391-21 Sec. 2002.016. FILING PROCEDURES
391-22 Sec. 2002.017. RULES
391-23 Sec. 2002.018. MICROFILM AND ELECTRONIC STORAGE
391-24 Sec. 2002.019. TABLE OF CONTENTS; INDEX
391-25 Sec. 2002.020. CERTIFICATION
391-26 Sec. 2002.021. AGENCY LIAISON
391-27 Sec. 2002.022. EVIDENTIARY VALUE OF TEXAS REGISTER;
392-1 CITATION
392-2 Sec. 2002.023. EXCEPTIONS
392-3 (Sections 2002.024-2002.050 reserved for expansion)
392-4 SUBCHAPTER C. TEXAS ADMINISTRATIVE CODE
392-5 Sec. 2002.051. PUBLICATION OF TEXAS ADMINISTRATIVE CODE
392-6 Sec. 2002.052. OMISSION OF INFORMATION
392-7 Sec. 2002.053. PURCHASE AND RESALE OF ADMINISTRATIVE CODE
392-8 Sec. 2002.054. EVIDENTIARY VALUE OF ADMINISTRATIVE CODE
392-9 Sec. 2002.055. RULES
392-10 Sec. 2002.056. CONFIDENTIALITY OF DATA BASE
392-11 CHAPTER 2002. TEXAS REGISTER AND ADMINISTRATIVE CODE
392-12 SUBCHAPTER A. GENERAL PROVISIONS
392-13 Sec. 2002.001. DEFINITIONS. In this chapter:
392-14 (1) "Administrative code" means the Texas
392-15 Administrative Code.
392-16 (2) "State agency" means a state officer, board,
392-17 commission, or department with statewide jurisdiction that makes
392-18 rules or determines contested cases other than:
392-19 (A) an agency wholly financed by federal money;
392-20 (B) the legislature;
392-21 (C) the courts;
392-22 (D) the Texas Workers' Compensation Commission;
392-23 or
392-24 (E) an institution of higher education.
392-25 (3) The following terms have the meanings assigned by
392-26 Section 2001.003:
392-27 (A) "contested case";
393-1 (B) "license";
393-2 (C) "licensing";
393-3 (D) "party";
393-4 (E) "person"; and
393-5 (F) "rule." (V.A.C.S. Art. 6252-13a, Sec. 3
393-6 (part); Art. 6252-13b, Sec. 2.)
393-7 Sec. 2002.002. PURPOSE. It is the public policy of this
393-8 state to provide adequate and proper public notice of proposed
393-9 state agency rules and state agency actions through publication of
393-10 a state register. (V.A.C.S. Art. 6252-13a, Sec. 1 (part).)
393-11 (Sections 2002.003-2002.010 reserved for expansion)
393-12 SUBCHAPTER B. TEXAS REGISTER
393-13 Sec. 2002.011. TEXAS REGISTER. The secretary of state shall
393-14 compile, index, cross-index to statute, and publish a publication
393-15 to be known as the Texas Register. The register shall contain:
393-16 (1) notices of proposed rules issued and filed in the
393-17 office of the secretary of state as provided by Subchapter B of
393-18 Chapter 2001;
393-19 (2) the text of rules adopted and filed in the office
393-20 of the secretary of state;
393-21 (3) notices of open meetings issued and filed in the
393-22 office of the secretary of state as provided by law;
393-23 (4) executive orders issued by the governor;
393-24 (5) summaries of requests for opinions of the attorney
393-25 general and of the State Ethics Advisory Commission;
393-26 (6) summaries of opinions of the attorney general and
393-27 of the State Ethics Advisory Commission; and
394-1 (7) other information of general interest to the
394-2 public of this state, including:
394-3 (A) federal legislation or regulations affecting
394-4 the state or a state agency; and
394-5 (B) state agency organizational and personnel
394-6 changes. (V.A.C.S. Art. 6252-13a, Sec. 6(a) (part).)
394-7 Sec. 2002.012. SUMMARIES OF OPINIONS AND REQUESTS FOR
394-8 OPINIONS. The attorney general or the State Ethics Advisory
394-9 Commission, as appropriate, shall prepare and forward to the
394-10 secretary of state for publication in the Texas Register:
394-11 (1) summaries of requests for opinions under Section
394-12 2002.011(5); and
394-13 (2) summaries of opinions under Section 2002.011(6).
394-14 (V.A.C.S. Art. 6252-13a, Sec. 6(a) (part).)
394-15 Sec. 2002.013. FREQUENCY OF PUBLICATION. The secretary of
394-16 state shall publish the Texas Register at regular intervals, but
394-17 not less often than 100 times each calendar year. (V.A.C.S. Art.
394-18 6252-13a, Sec. 6(b).)
394-19 Sec. 2002.014. OMISSION OF INFORMATION. The secretary of
394-20 state may omit information from the Texas Register if:
394-21 (1) the secretary determines that publication of the
394-22 information would be cumbersome, expensive, or otherwise
394-23 inexpedient;
394-24 (2) on application to the adopting state agency, the
394-25 information is made available in printed or processed form by the
394-26 agency; and
394-27 (3) the register contains a notice stating the general
395-1 subject matter of the information and the manner in which a copy of
395-2 it may be obtained. (V.A.C.S. Art. 6252-13a, Sec. 6(c).)
395-3 Sec. 2002.015. DISTRIBUTION. (a) On request, the secretary
395-4 of state shall make one copy of each issue of the Texas Register
395-5 available without charge to:
395-6 (1) each board, commission, and department with
395-7 statewide jurisdiction;
395-8 (2) the governor;
395-9 (3) the lieutenant governor;
395-10 (4) the attorney general;
395-11 (5) each member of the legislature;
395-12 (6) each county clerk;
395-13 (7) the Supreme Court of Texas;
395-14 (8) the Texas Court of Criminal Appeals; and
395-15 (9) each court of appeals.
395-16 (b) The secretary of state shall make copies of the Texas
395-17 Register available to other persons for a reasonable fee to be
395-18 fixed by the secretary. (V.A.C.S. Art. 6252-13a, Secs. 6(d), (e).)
395-19 Sec. 2002.016. FILING PROCEDURES. (a) To file a document
395-20 for publication in the Texas Register, a state agency shall, during
395-21 normal working hours:
395-22 (1) deliver to the office of the secretary of state
395-23 two certified copies of the document for filing; or
395-24 (2) send to the secretary of state over dedicated
395-25 cable or commercial lines between word or data processors one copy
395-26 of the document to be filed and deliver to the office of the
395-27 secretary a letter of certification that is signed by the agency's
396-1 designated certifying agent and liaison and that contains a
396-2 statement specifying the type of information electronically sent.
396-3 (b) On receipt of a document required to be filed in the
396-4 office of the secretary of state and published in the Texas
396-5 Register, the secretary shall note the day and hour of filing on
396-6 the certified copies of the document or on the letter of
396-7 certification.
396-8 (c) One copy of each filed document shall be maintained in
396-9 original form or on microfilm in a permanent register in the office
396-10 of the secretary of state. (V.A.C.S. Art. 6252-13a, Secs. 3(9),
396-11 (10); 8(a) (part).)
396-12 Sec. 2002.017. RULES. (a) The secretary of state may adopt
396-13 rules to ensure the effective administration of this subchapter,
396-14 including rules prescribing paper size and the format of documents
396-15 required to be filed for publication.
396-16 (b) The secretary of state may refuse to accept for filing
396-17 and publication a document that does not substantially conform to
396-18 the rules. (V.A.C.S. Art. 6252-13a, Sec. 8(c).)
396-19 Sec. 2002.018. MICROFILM AND ELECTRONIC STORAGE. The
396-20 secretary of state may maintain on microfilm or on an electronic
396-21 storage and retrieval system the files of state agency rules and
396-22 other information required to be published in the Texas Register.
396-23 After microfilming or electronically storing the information, the
396-24 secretary may destroy the original copies of the information
396-25 submitted for publication. (V.A.C.S. Art. 6252-13a, Sec. 8(d).)
396-26 Sec. 2002.019. TABLE OF CONTENTS; INDEX. (a) Each issue of
396-27 the Texas Register must contain a table of contents.
397-1 (b) A cumulative index to all information required to be
397-2 published in the Texas Register during the previous year shall be
397-3 published at least once each year. (V.A.C.S. Art. 6252-13a, Secs.
397-4 9(a), (b).)
397-5 Sec. 2002.020. CERTIFICATION. An official of a submitting
397-6 state agency who is authorized to certify documents of the agency
397-7 must certify each document that is filed with the secretary of
397-8 state for publication. (V.A.C.S. Art. 6252-13a, Sec. 9(c).)
397-9 Sec. 2002.021. AGENCY LIAISON. A state agency shall
397-10 designate at least one individual to act as a liaison through whom
397-11 all required documents may be submitted to the secretary of state
397-12 for filing and publication. (V.A.C.S. Art. 6252-13a, Sec. 9(d).)
397-13 Sec. 2002.022. EVIDENTIARY VALUE OF TEXAS REGISTER;
397-14 CITATION. (a) The contents of the Texas Register are to be
397-15 judicially noticed and are prima facie evidence of the text of the
397-16 documents and of the fact that they are in effect on and after the
397-17 date of the notation.
397-18 (b) Without prejudice to another mode of citation, the
397-19 contents of the Texas Register may be cited by volume and page
397-20 number. (V.A.C.S. Art. 6252-13a, Sec. 4(c).)
397-21 Sec. 2002.023. EXCEPTIONS. This subchapter does not apply
397-22 to:
397-23 (1) a suspension, revocation, cancellation, denial, or
397-24 disqualification of a driver's license or commercial driver's
397-25 license as authorized by:
397-26 (A) Article IV, Chapter 173, Acts of the 47th
397-27 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
398-1 Civil Statutes);
398-2 (B) the Texas Commercial Driver's License Act
398-3 (Article 6687b-2, Revised Statutes);
398-4 (C) the Texas Motor Vehicle
398-5 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
398-6 Statutes);
398-7 (D) Chapter 434, Acts of the 61st Legislature,
398-8 Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
398-9 Statutes); or
398-10 (E) Section 13, Article 42.12, Code of Criminal
398-11 Procedure;
398-12 (2) matters related solely to the internal personnel
398-13 rules and practices of a state agency; or
398-14 (3) the Texas Employment Commission, other than to
398-15 matters of unemployment insurance maintained by the commission.
398-16 (V.A.C.S. Art. 6252-13a, Secs. 21(a), (d), (g) (part).)
398-17 (Sections 2002.024-2002.050 reserved for expansion)
398-18 SUBCHAPTER C. TEXAS ADMINISTRATIVE CODE
398-19 Sec. 2002.051. PUBLICATION OF TEXAS ADMINISTRATIVE CODE.
398-20 (a) The secretary of state shall compile, index, and publish a
398-21 Texas Administrative Code.
398-22 (b) The administrative code shall be periodically
398-23 supplemented as necessary, but not less often than once each year.
398-24 (c) The administrative code shall contain each rule adopted
398-25 by a state agency under Chapter 2001, but may not contain emergency
398-26 rules adopted under Section 2001.034. (V.A.C.S. Art. 6252-13b,
398-27 Sec. 3(a).)
399-1 Sec. 2002.052. OMISSION OF INFORMATION. (a) The secretary
399-2 of state may omit from the administrative code a rule that is
399-3 general in form if its inclusion in the code is impracticable,
399-4 undesirable, or unnecessary because it is of local or limited
399-5 application.
399-6 (b) The secretary of state may omit information from the
399-7 administrative code if:
399-8 (1) the secretary determines that publication of the
399-9 information would be cumbersome, expensive, or otherwise
399-10 inexpedient;
399-11 (2) on application to the adopting state agency, the
399-12 information is made available in printed or processed form by the
399-13 agency; and
399-14 (3) the administrative code contains a notice stating
399-15 the general subject matter of the information and the manner in
399-16 which a copy of it may be obtained.
399-17 (c) Omission from the administrative code under this section
399-18 does not affect the validity or effectiveness of an omitted rule.
399-19 (V.A.C.S. Art. 6252-13b, Sec. 3(b).)
399-20 Sec. 2002.053. PURCHASE AND RESALE OF ADMINISTRATIVE CODE.
399-21 (a) To promote efficiency and economy in state government, the
399-22 secretary of state may periodically purchase copies of the
399-23 administrative code for resale and distribution to other branches
399-24 of state government, state agencies, or institutions.
399-25 (b) The purchase does not require the secretary of state to
399-26 engage in competitive bidding procedures to enter into the contract
399-27 or license to publish the code. (V.A.C.S. Art. 6252-13b, Sec.
400-1 3(c).)
400-2 Sec. 2002.054. EVIDENTIARY VALUE OF ADMINISTRATIVE CODE.
400-3 State agency rules published in the administrative code, as
400-4 approved by the secretary of state and as amended by documents
400-5 later filed with the office of the secretary:
400-6 (1) are to be judicially noticed; and
400-7 (2) are prima facie evidence of the text of the rules
400-8 and of the fact that they are in effect on and after the date of
400-9 the notation. (V.A.C.S. Art. 6252-13b, Sec. 4.)
400-10 Sec. 2002.055. RULES. (a) The secretary of state may adopt
400-11 rules to ensure the effective administration of this subchapter.
400-12 (b) The rules may establish:
400-13 (1) titles of the administrative code; and
400-14 (2) a system of classification of the subject matter
400-15 of the administrative code. (V.A.C.S. Art. 6252-13b, Sec. 5.)
400-16 Sec. 2002.056. CONFIDENTIALITY OF DATA BASE. (a) The data
400-17 base for the administrative code is confidential and is exempt from
400-18 disclosure under Chapter 552.
400-19 (b) In this section, "data base" means the machine-readable
400-20 form of the material prepared for and used in the publication of
400-21 the administrative code and includes:
400-22 (1) indexes;
400-23 (2) annotations;
400-24 (3) tables of contents;
400-25 (4) tables of authority;
400-26 (5) cross-references;
400-27 (6) compiled rules; and
401-1 (7) other unique material. (V.A.C.S. Art. 6252-13b,
401-2 Sec. 5A.)
401-3 CHAPTER 2003. STATE OFFICE OF ADMINISTRATIVE HEARINGS
401-4 SUBCHAPTER A. GENERAL PROVISIONS
401-5 Sec. 2003.001. DEFINITIONS
401-6 (Sections 2003.002-2003.020 reserved for expansion)
401-7 SUBCHAPTER B. STATE OFFICE OF ADMINISTRATIVE HEARINGS
401-8 Sec. 2003.021. OFFICE
401-9 Sec. 2003.022. CHIEF ADMINISTRATIVE LAW JUDGE
401-10 (Sections 2003.023-2003.040 reserved for expansion)
401-11 SUBCHAPTER C. STAFF AND ADMINISTRATION
401-12 Sec. 2003.041. EMPLOYMENT OF ADMINISTRATIVE LAW JUDGES
401-13 Sec. 2003.042. POWERS OF ADMINISTRATIVE LAW JUDGE
401-14 Sec. 2003.043. TEMPORARY ADMINISTRATIVE LAW JUDGE
401-15 Sec. 2003.044. STAFF
401-16 Sec. 2003.045. ADMINISTRATIVE DIVISION
401-17 Sec. 2003.046. CENTRAL HEARINGS PANEL
401-18 CHAPTER 2003. STATE OFFICE OF ADMINISTRATIVE HEARINGS
401-19 SUBCHAPTER A. GENERAL PROVISIONS
401-20 Sec. 2003.001. DEFINITIONS. In this chapter:
401-21 (1) "Administrative law judge" means an individual who
401-22 presides at an administrative hearing held under Chapter 2001.
401-23 (2) "Office" means the State Office of Administrative
401-24 Hearings.
401-25 (3) "State agency" means a state board, commission,
401-26 department, or other agency that is subject to Chapter 2001.
401-27 (V.A.C.S. Art. 6252-13f, Sec. 1.)
402-1 (Sections 2003.002-2003.020 reserved for expansion)
402-2 SUBCHAPTER B. STATE OFFICE OF ADMINISTRATIVE HEARINGS
402-3 Sec. 2003.021. OFFICE. (a) The State Office of
402-4 Administrative Hearings is a state agency.
402-5 (b) The office shall conduct all administrative hearings in
402-6 contested cases under Chapter 2001 that are before a state agency
402-7 that does not employ an individual whose only duty is to preside as
402-8 a hearings officer over matters related to contested cases before
402-9 the agency. (V.A.C.S. Art. 6252-13f, Secs. 2(a) (part), (b).)
402-10 Sec. 2003.022. CHIEF ADMINISTRATIVE LAW JUDGE. (a) The
402-11 office is under the direction of a chief administrative law judge
402-12 appointed by the governor for a two-year term.
402-13 (b) To be eligible for appointment as chief administrative
402-14 law judge, an individual must:
402-15 (1) be licensed to practice law in this state;
402-16 (2) be board-certified in administrative law; and
402-17 (3) have at least five years' experience in conducting
402-18 administrative hearings under Chapter 2001. (V.A.C.S. Art.
402-19 6252-13f, Sec. 2(a) (part).)
402-20 (Sections 2003.023-2003.040 reserved for expansion)
402-21 SUBCHAPTER C. STAFF AND ADMINISTRATION
402-22 Sec. 2003.041. EMPLOYMENT OF ADMINISTRATIVE LAW JUDGES. (a)
402-23 The chief administrative law judge shall employ administrative law
402-24 judges to conduct hearings for state agencies subject to this
402-25 chapter.
402-26 (b) To be eligible for employment with the office as an
402-27 administrative law judge, an individual must be licensed to
403-1 practice law in this state and meet other requirements prescribed
403-2 by the chief administrative law judge. (V.A.C.S. Art. 6252-13f,
403-3 Secs. 3(a), (b) (part).)
403-4 Sec. 2003.042. POWERS OF ADMINISTRATIVE LAW JUDGE. An
403-5 administrative law judge may:
403-6 (1) administer an oath;
403-7 (2) take testimony;
403-8 (3) rule on a question of evidence;
403-9 (4) subject to review by the state agency before which
403-10 the contested case is brought, issue an order relating to discovery
403-11 or another hearing or prehearing matter, including an order
403-12 imposing a sanction that the agency may impose; and
403-13 (5) issue a proposal for decision that includes
403-14 findings of fact and conclusions of law. (V.A.C.S. Art. 6252-13f,
403-15 Sec. 3(b) (part).)
403-16 Sec. 2003.043. TEMPORARY ADMINISTRATIVE LAW JUDGE. (a) The
403-17 chief administrative law judge may contract with a qualified
403-18 individual to serve as a temporary administrative law judge if an
403-19 administrative law judge employed by the office is not available to
403-20 hear a case within a reasonable time.
403-21 (b) The chief administrative law judge shall adopt rules
403-22 relating to the qualifications of a temporary judge. (V.A.C.S.
403-23 Art. 6252-13f, Sec. 3(c).)
403-24 Sec. 2003.044. STAFF. The chief administrative law judge
403-25 may hire staff as required to perform the powers and duties of the
403-26 office. (V.A.C.S. Art. 6252-13f, Sec. 3(d).)
403-27 Sec. 2003.045. ADMINISTRATIVE DIVISION. An administrative
404-1 division in the office oversees the training, evaluation,
404-2 discipline, and promotion of all administrative law judges employed
404-3 by the office. (V.A.C.S. Art. 6252-13f, Sec. 4 (part).)
404-4 Sec. 2003.046. CENTRAL HEARINGS PANEL. (a) A central
404-5 hearings panel in the office is composed of six senior
404-6 administrative law judges appointed by the chief administrative law
404-7 judge.
404-8 (b) Under the direction of the chief administrative law
404-9 judge, the central panel shall coordinate and supervise the
404-10 operation of administrative hearings conducted by the office.
404-11 (V.A.C.S. Art. 6252-13f, Sec. 4 (part).)
404-12 CHAPTER 2004. REPRESENTATION BEFORE STATE AGENCIES
404-13 Sec. 2004.001. DEFINITIONS
404-14 Sec. 2004.002. REGISTRATION
404-15 Sec. 2004.003. EXEMPTIONS FROM REGISTRATION
404-16 Sec. 2004.004. REPORTING AND FILING OF REGISTRATIONS
404-17 Sec. 2004.005. PENALTY
404-18 CHAPTER 2004. REPRESENTATION BEFORE STATE AGENCIES
404-19 Sec. 2004.001. DEFINITIONS. In this chapter:
404-20 (1) "Individual" includes a member of the legislature,
404-21 any other state officer, and a state employee.
404-22 (2) "State agency" means an office, department,
404-23 commission, or board of the executive branch of state government.
404-24 (V.A.C.S. Art. 6252-23, Sec. 1.)
404-25 Sec. 2004.002. REGISTRATION. (a) An individual who appears
404-26 before a state agency or contacts in person an officer or employee
404-27 of a state agency on behalf of an individual, firm, partnership,
405-1 corporation, or association about a matter before that agency shall
405-2 register with the state agency:
405-3 (1) the name and address of the registrant;
405-4 (2) the name and address of the person on whose behalf
405-5 the appearance or contact is made; and
405-6 (3) a statement on whether the registrant has received
405-7 or expects to receive any money, thing of value, or financial
405-8 benefit for the appearance or contact.
405-9 (b) Each state agency shall provide for recording the
405-10 registration in a record and shall maintain the record. (V.A.C.S.
405-11 Art. 6252-23, Sec. 2 (part).)
405-12 Sec. 2004.003. EXEMPTIONS FROM REGISTRATION. An individual
405-13 is not required to register under Section 2004.002 because of:
405-14 (1) the individual's appearance or contact on an
405-15 interagency matter if the individual is an officer or employee of
405-16 the state agency; or
405-17 (2) a contact by the individual with the state agency
405-18 or an officer or employee of the agency if the contact:
405-19 (A) is solely for obtaining information and an
405-20 attempt is not made to influence the action of an officer or
405-21 employee of the agency;
405-22 (B) consists of making an appearance and
405-23 participating at a public hearing;
405-24 (C) is made in a matter in which a pleading or
405-25 other instrument that discloses the individual's representation is
405-26 on file with the agency; or
405-27 (D) is one for which the individual does not
406-1 receive compensation or any thing of value. (V.A.C.S. Art.
406-2 6252-23, Secs. 2 (part), 3A.)
406-3 Sec. 2004.004. REPORTING AND FILING OF REGISTRATIONS. (a)
406-4 A state agency shall prepare a report that includes the information
406-5 from all registrations filed with the agency in a calendar quarter.
406-6 (b) The agency shall file the report with the secretary of
406-7 state not later than the 10th day of the month after the end of the
406-8 calendar quarter for which the report was prepared.
406-9 (c) The secretary of state shall index each report and keep
406-10 the report on file for four years after the date the report is
406-11 filed. (V.A.C.S. Art. 6252-23, Sec. 3.)
406-12 Sec. 2004.005. PENALTY. (a) An individual commits an
406-13 offense if the individual does not register as required by this
406-14 chapter.
406-15 (b) An offense under this chapter is a misdemeanor
406-16 punishable by:
406-17 (1) a fine of not more than $500;
406-18 (2) confinement in jail for a term not to exceed six
406-19 months; or
406-20 (3) both the fine and imprisonment. (V.A.C.S. Art.
406-21 6252-23, Sec. 4.)
406-22 CHAPTER 2005. PERMIT PROCESSING
406-23 Sec. 2005.001. DEFINITIONS
406-24 Sec. 2005.002. EXCEPTIONS
406-25 Sec. 2005.003. PERMIT PROCESSING PERIODS
406-26 Sec. 2005.004. GOOD CAUSE
406-27 Sec. 2005.005. DUTY OF CHIEF ADMINISTRATOR
407-1 Sec. 2005.006. COMPLAINT PROCEDURE
407-2 Sec. 2005.007. REPORTS
407-3 CHAPTER 2005. PERMIT PROCESSING
407-4 Sec. 2005.001. DEFINITIONS. In this chapter:
407-5 (1) "Permit" means an authorization by a license,
407-6 certificate, registration, or other form that is required by law or
407-7 state agency rules to engage in a particular business.
407-8 (2) "State agency" means a department, board, bureau,
407-9 commission, division, office, council, or other agency of the
407-10 state. (V.A.C.S. Art. 6252-13b.1, Sec. 2 (part).)
407-11 Sec. 2005.002. EXCEPTIONS. This chapter does not apply to a
407-12 permit:
407-13 (1) for which an agency's median time during the
407-14 preceding calendar year for processing a permit application from
407-15 receipt of the initial application to the final permit decision did
407-16 not exceed seven days;
407-17 (2) issued in connection with any form of gaming or
407-18 gambling; or
407-19 (3) issued under the Alcoholic Beverage Code.
407-20 (V.A.C.S. Art. 6252-13b.1, Sec. 4.)
407-21 Sec. 2005.003. PERMIT PROCESSING PERIODS. (a) A state
407-22 agency that issues permits shall adopt procedural rules for
407-23 processing permit applications and issuing permits.
407-24 (b) The rules must specify:
407-25 (1) the period, beginning on the date the agency
407-26 receives an initial permit application, in which the agency must
407-27 provide written notice to the applicant:
408-1 (A) stating that the permit application is
408-2 complete and accepted for filing; or
408-3 (B) stating that the permit application is
408-4 incomplete and specifying the additional information required for
408-5 acceptance; and
408-6 (2) the period, beginning on the date the agency
408-7 receives a complete permit application, in which the agency must
408-8 deny or approve the permit application.
408-9 (c) A state agency may establish separate rules under this
408-10 section for contested and uncontested cases.
408-11 (d) A state agency shall publish with rules proposed under
408-12 this section:
408-13 (1) a statement of the agency's minimum, maximum, and
408-14 median times for processing a permit application, from the date the
408-15 agency received an initial permit application to the date of the
408-16 final permit decision, using the agency's performance in the 12
408-17 months preceding the date the proposed rules are published; and
408-18 (2) a justification of the periods proposed by the
408-19 rules. (V.A.C.S. Art. 6252-13b.1, Secs. 3(a), (b).)
408-20 Sec. 2005.004. GOOD CAUSE. A state agency has good cause to
408-21 exceed the period it establishes for processing a permit
408-22 application if:
408-23 (1) the number of permit applications to be processed
408-24 exceeds by at least 15 percent the number of permit applications
408-25 processed in the same quarter of the previous calendar year;
408-26 (2) the agency must rely on another public or private
408-27 entity to process all or a part of the permit applications received
409-1 by the agency, and the delay is caused by that entity; or
409-2 (3) other conditions exist that give the agency good
409-3 cause for exceeding the established period. (V.A.C.S. Art.
409-4 6252-13b.1, Sec. 3(d).)
409-5 Sec. 2005.005. DUTY OF CHIEF ADMINISTRATOR. The chief
409-6 administrator of each state agency shall ensure that the agency
409-7 complies with this chapter. (V.A.C.S. Art. 6252-13b.1, Sec. 5(a)
409-8 (part).)
409-9 Sec. 2005.006. COMPLAINT PROCEDURE. (a) A state agency
409-10 subject to this chapter shall establish by rule a complaint
409-11 procedure through which a permit applicant can:
409-12 (1) complain directly to the chief administrator of
409-13 the agency if the agency exceeds the established period for
409-14 processing permits; and
409-15 (2) request a timely resolution of any dispute arising
409-16 from the delay.
409-17 (b) The rules must provide for the reimbursement of all
409-18 filing fees paid by the applicant for a permit application if the
409-19 chief administrator of the state agency determines that:
409-20 (1) the agency exceeded the established period for
409-21 permit processing; and
409-22 (2) the agency did not establish good cause for
409-23 exceeding the established period.
409-24 (c) The state agency shall include information about the
409-25 complaint procedure in permit application forms issued by the
409-26 agency. (V.A.C.S. Art. 6252-13b.1, Secs. 5(a) (part), (b).)
409-27 Sec. 2005.007. REPORTS. (a) A state agency that issues
410-1 permits shall report biennially to the governor and the legislature
410-2 on its permit application system.
410-3 (b) The report must include:
410-4 (1) a statement of the periods the agency has adopted
410-5 under this chapter for processing each type of permit it issues,
410-6 specifying any changes the agency made since the last report;
410-7 (2) a statement of the minimum, maximum, and median
410-8 times for processing each type of permit during the period since
410-9 the last report, from the date the agency receives the initial
410-10 permit application to the final permit decision;
410-11 (3) a description of the complaint procedure required
410-12 by Section 2005.006;
410-13 (4) a summary of the number and disposition of
410-14 complaints received by the agency under Section 2005.006 since the
410-15 last report; and
410-16 (5) a description of specific actions taken by the
410-17 agency since the last report to simplify and improve its permit
410-18 application, processing, and paperwork requirements.
410-19 (c) A state agency shall include the information required by
410-20 Subsection (b) in each performance report the agency submits to the
410-21 Legislative Budget Board. (V.A.C.S. Art. 6252-13b.1, Secs. 5(c),
410-22 (d).)
410-23 CHAPTER 2006. AGENCY ACTIONS AFFECTING SMALL BUSINESSES
410-24 SUBCHAPTER A. ADOPTION OF RULES
410-25 Sec. 2006.001. DEFINITIONS
410-26 Sec. 2006.002. ADOPTION OF RULES WITH ADVERSE ECONOMIC
410-27 EFFECT
411-1 (Sections 2006.003-2006.010 reserved for expansion)
411-2 SUBCHAPTER B. RECOVERY OF COURT COSTS AND ATTORNEY'S FEES
411-3 Sec. 2006.011. DEFINITIONS
411-4 Sec. 2006.012. EXCEPTIONS
411-5 Sec. 2006.013. REQUIREMENTS FOR RECOVERY
411-6 Sec. 2006.014. MOTION FOR RECOVERY
411-7 Sec. 2006.015. DETERMINATION OF CLAIM
411-8 Sec. 2006.016. EFFECT OF DETERMINATION OR ORDER
411-9 CHAPTER 2006. AGENCY ACTIONS AFFECTING SMALL BUSINESSES
411-10 SUBCHAPTER A. ADOPTION OF RULES
411-11 Sec. 2006.001. DEFINITIONS. In this subchapter:
411-12 (1) "Small business" means a legal entity, including a
411-13 corporation, partnership, or sole proprietorship that:
411-14 (A) is formed for the purpose of making a
411-15 profit;
411-16 (B) is independently owned and operated; and
411-17 (C) has fewer than 100 employees or less than $1
411-18 million in annual gross receipts.
411-19 (2) "State agency" means a department, board, bureau,
411-20 commission, division, office, council, or other agency of the
411-21 state. (V.A.C.S. Art. 6252-13b.1, Sec. 2 (part).)
411-22 Sec. 2006.002. ADOPTION OF RULES WITH ADVERSE ECONOMIC
411-23 EFFECT. (a) A state agency considering adoption of a rule that
411-24 would have an adverse economic effect on small businesses shall
411-25 reduce that effect if doing so is legal and feasible considering
411-26 the purpose of the statute under which the rule is to be adopted.
411-27 (b) To reduce an adverse effect on small businesses, an
412-1 agency may:
412-2 (1) establish separate compliance or reporting
412-3 requirements for small businesses;
412-4 (2) use performance standards in place of design
412-5 standards for small businesses; or
412-6 (3) exempt small businesses from all or part of the
412-7 rule.
412-8 (c) Before adopting a rule that would have an adverse
412-9 economic effect on small businesses, a state agency shall prepare a
412-10 statement of the effect of the rule on small businesses. The
412-11 statement must include:
412-12 (1) an analysis of the cost of compliance with the
412-13 rule for small businesses; and
412-14 (2) a comparison of the cost of compliance for small
412-15 businesses with the cost of compliance for the largest businesses
412-16 affected by the rule, using at least one of the following
412-17 standards:
412-18 (A) cost for each employee;
412-19 (B) cost for each hour of labor; or
412-20 (C) cost for each $100 of sales.
412-21 (d) The agency shall include the statement of effect as part
412-22 of the notice of the proposed rule that the agency files with the
412-23 secretary of state for publication in the Texas Register.
412-24 (e) This section does not apply to a rule adopted under
412-25 Title 2, Tax Code. (V.A.C.S. Art. 6252-13b.1, Sec. 6.)
412-26 (Sections 2006.003-2006.010 reserved for expansion)
412-27 SUBCHAPTER B. RECOVERY OF COURT COSTS AND ATTORNEY'S FEES
413-1 Sec. 2006.011. DEFINITIONS. In this subchapter:
413-2 (1) "Groundless" means having no basis in law or fact.
413-3 (2) "Small business" means a legal entity, including a
413-4 corporation, partnership, or sole proprietorship that:
413-5 (A) is formed for the purpose of making a
413-6 profit;
413-7 (B) is independently owned and operated;
413-8 (C) is not a publicly held corporation; and
413-9 (D) has fewer than 100 employees or less than $1
413-10 million in annual gross receipts at the end of the fiscal year
413-11 preceding the year of the filing of an administrative adjudicatory
413-12 proceeding or civil action in which the entity is seeking recovery
413-13 under this subchapter.
413-14 (3) "State agency" means a board, commission,
413-15 department, or office that:
413-16 (A) is in the executive branch of state
413-17 government;
413-18 (B) was created by the constitution or a statute
413-19 of this state; and
413-20 (C) has statewide jurisdiction. (V.A.C.S. Art.
413-21 6252-30, Sec. 1.)
413-22 Sec. 2006.012. EXCEPTIONS. This subchapter does not apply
413-23 to a proceeding or action that is:
413-24 (1) filed before September 1, 1987; or
413-25 (2) brought under:
413-26 (A) Subchapter E, Chapter 17, Business &
413-27 Commerce Code (Deceptive Trade Practices-Consumer Protection Act);
414-1 or
414-2 (B) Chapter 21, Insurance Code. (V.A.C.S. Art.
414-3 6252-30, Sec. 4.)
414-4 Sec. 2006.013. REQUIREMENTS FOR RECOVERY. (a) In an
414-5 administrative adjudicatory proceeding or a civil action resulting
414-6 from a complaint issued by a state agency against a small business
414-7 under the agency's administrative or regulatory functions, the
414-8 small business may be awarded reasonable attorney's fees and court
414-9 costs if:
414-10 (1) it is a small business at the time it becomes a
414-11 party to the proceeding or action;
414-12 (2) it prevails in the proceeding or action; and
414-13 (3) the proceeding or action was groundless and
414-14 brought:
414-15 (A) in bad faith; or
414-16 (B) for purposes of harassment.
414-17 (b) For purposes of this section, a small business prevails
414-18 in a proceeding or action if there is not:
414-19 (1) an adjudication, stipulation, or acceptance of
414-20 liability; and
414-21 (2) a determination of noncompliance, violation,
414-22 infringement, deficiency, or breach on the part of the small
414-23 business.
414-24 (c) A small business may not recover under this subchapter
414-25 if the parties have executed a settlement agreement that, while not
414-26 stipulating liability or violation, requires the small business to
414-27 take corrective action or pay a monetary sum. (V.A.C.S. Art.
415-1 6252-30, Sec. 2.)
415-2 Sec. 2006.014. MOTION FOR RECOVERY. (a) To recover under
415-3 this subchapter, a small business, not later than the 30th day
415-4 after the date of the filing of the administrative adjudicatory
415-5 proceeding or civil action, must file a written motion that:
415-6 (1) alleges that the proceeding or action was
415-7 groundless and brought:
415-8 (A) in bad faith; or
415-9 (B) for purposes of harassment;
415-10 (2) states the facts that justify the small business's
415-11 claim; and
415-12 (3) states that if the claim is dismissed or judgment
415-13 is awarded to the small business, the small business will seek
415-14 recovery of attorney's fees and court costs.
415-15 (b) A small business may not recover attorney's fees and
415-16 court costs under this subchapter if, not later than the 30th day
415-17 after the date the small business gives notice that it has filed a
415-18 motion under Subsection (a), the state agency:
415-19 (1) amends the pleadings so that the small business
415-20 that has filed the motion is no longer a party to the proceeding or
415-21 action; or
415-22 (2) dismisses the proceeding or action.
415-23 (V.A.C.S. Art. 6252-30, Secs. 3(a), (b).)
415-24 Sec. 2006.015. DETERMINATION OF CLAIM. (a) The hearings
415-25 officer in an administrative adjudicatory proceeding or the court
415-26 in a civil action shall determine whether the proceeding or action
415-27 is groundless and brought:
416-1 (1) in bad faith; or
416-2 (2) for purposes of harassment.
416-3 (b) In making the determination, the hearings officer or
416-4 court shall consider:
416-5 (1) the multiplicity of parties;
416-6 (2) the complexity of the claims and defenses;
416-7 (3) the length of time available to the agency to
416-8 investigate and conduct discovery; and
416-9 (4) affidavits, depositions, and any other relevant
416-10 matters.
416-11 (c) In making a determination, a hearings officer or a court
416-12 may not consider the amount of damages, civil penalties, fines,
416-13 taxes, or other monetary recovery sought by the state agency.
416-14 (V.A.C.S. Art. 6252-30, Secs. 3(c), (e).)
416-15 Sec. 2006.016. EFFECT OF DETERMINATION OR ORDER. A
416-16 determination made or order issued under this subchapter is not
416-17 grounds for any liability, sanction, or grievance except as
416-18 provided by this subchapter. (V.A.C.S. Art. 6252-30, Sec. 3(d).)
416-19 (Chapters 2007-2050 reserved for expansion)
416-20 SUBTITLE B. INFORMATION AND PLANNING
416-21 CHAPTER 2051. GOVERNMENT DOCUMENTS, PUBLICATIONS, AND NOTICES
416-22 SUBCHAPTER A. OFFICIAL SEALS
416-23 Sec. 2051.001. ADOPTION OF SEAL
416-24 (Sections 2051.002-2051.020 reserved for expansion)
416-25 SUBCHAPTER B. PAPER SUPPLIES AND EQUIPMENT
416-26 Sec. 2051.021. UNIFORM SIZE OF PAPER SUPPLY AND CABINET
416-27 Sec. 2051.022. STATE AGENCY TELEPHONE NUMBER REQUIRED ON
417-1 STATIONERY
417-2 (Sections 2051.023-2051.040 reserved for expansion)
417-3 SUBCHAPTER C. NOTICE BY PUBLICATION IN NEWSPAPER
417-4 Sec. 2051.041. DEFINITIONS
417-5 Sec. 2051.042. APPLICABILITY OF SUBCHAPTER
417-6 Sec. 2051.043. PUBLICATION IN AT LEAST ONE ISSUE REQUIRED
417-7 Sec. 2051.044. TYPE OF NEWSPAPER REQUIRED
417-8 Sec. 2051.045. LEGAL RATE CHARGED FOR PUBLICATION
417-9 Sec. 2051.046. NOTICE OF COUNTY
417-10 Sec. 2051.047. NOTICE OF CERTAIN CONSERVATION AND
417-11 RECLAMATION DISTRICTS
417-12 Sec. 2051.048. NOTICE OF OTHER POLITICAL SUBDIVISION
417-13 Sec. 2051.049. SELECTION OF NEWSPAPER
417-14 Sec. 2051.050. TIME OF PUBLICATION
417-15 Sec. 2051.051. BILL FOR PUBLICATION
417-16 Sec. 2051.052. CANCELLATION OF PUBLISHING CONTRACT
417-17 Sec. 2051.053. REFUSAL OF NEWSPAPER TO PUBLISH NOTICE OR
417-18 CITATION
417-19 SUBTITLE B. INFORMATION AND PLANNING
417-20 CHAPTER 2051. GOVERNMENT DOCUMENTS, PUBLICATIONS, AND NOTICES
417-21 SUBCHAPTER A. OFFICIAL SEALS
417-22 Sec. 2051.001. ADOPTION OF SEAL. A commission or board
417-23 created by state law and a commissioner whose office is created by
417-24 state law may adopt a seal with which to attest an official
417-25 document, certificate, or other written paper. (V.A.C.S. Art. 27
417-26 (part).)
417-27 (Sections 2051.002-2051.020 reserved for expansion)
418-1 SUBCHAPTER B. PAPER SUPPLIES AND EQUIPMENT
418-2 Sec. 2051.021. UNIFORM SIZE OF PAPER SUPPLY AND CABINET.
418-3 (a) A state agency may not purchase:
418-4 (1) forms, bond paper, stationery, pads, or similar
418-5 paper supplies that exceed 8-1/2 inches by 11 inches in size; or
418-6 (2) a filing cabinet designed to store completed
418-7 documents that exceed 8-1/2 inches by 11 inches in size.
418-8 (b) This section does not prohibit the purchase or use of:
418-9 (1) paper supplies that are perforated or otherwise
418-10 designed to produce completed documents of 8-1/2 inches by 11
418-11 inches in size or smaller;
418-12 (2) fanfold paper designed for use in a computer
418-13 peripheral device; or
418-14 (3) forms or paper supplies used for:
418-15 (A) a document prepared on a form developed by a
418-16 national organization for use by a state or a form designed to be
418-17 compatible with that document;
418-18 (B) preparation of a document required by the
418-19 federal government;
418-20 (C) maintenance of an accounting or bookkeeping
418-21 record;
418-22 (D) preparation of a financial report;
418-23 (E) a budget document;
418-24 (F) a nontextual computer report or document;
418-25 (G) a chart, graph, table, or map;
418-26 (H) artwork;
418-27 (I) an architectural or engineering draft or
419-1 document;
419-2 (J) a diploma;
419-3 (K) an enlargement of small print materials for
419-4 a person with a visual impairment;
419-5 (L) a resale purpose; or
419-6 (M) protection or preservation of a historically
419-7 valuable document.
419-8 (c) In this section, "state agency" means a board,
419-9 commission, department, office, institution, including an
419-10 institution of higher education as defined by Section 61.003,
419-11 Education Code, or other agency of the state government. (V.A.C.S.
419-12 Art. 6252-6c, Secs. 1, 2.)
419-13 Sec. 2051.022. STATE AGENCY TELEPHONE NUMBER REQUIRED ON
419-14 STATIONERY. (a) A state agency shall print a telephone number for
419-15 the agency on the letterhead of its official stationery.
419-16 (b) In this section, "state agency" means:
419-17 (1) a board, commission, department, office, or other
419-18 agency in the executive branch of state government that was created
419-19 by the constitution or a statute of the state, including an
419-20 institution of higher education, as defined by Section 61.003,
419-21 Education Code;
419-22 (2) the legislature or a legislative agency;
419-23 (3) the supreme court, the court of criminal appeals,
419-24 a court of appeals, or a state judicial agency; or
419-25 (4) a river authority. (V.A.C.S. Art. 6252-6d.)
419-26 (Sections 2051.023-2051.040 reserved for expansion)
419-27 SUBCHAPTER C. NOTICE BY PUBLICATION IN NEWSPAPER
420-1 Sec. 2051.041. DEFINITIONS. In this subchapter:
420-2 (1) "Governmental entity" means an institution, board,
420-3 commission, or department of:
420-4 (A) the state or a subdivision of the state; or
420-5 (B) a political subdivision of the state,
420-6 including a municipality, a county, or any kind of district.
420-7 (2) "Governmental representative" includes an officer,
420-8 employee, or agent of a governmental entity.
420-9 (3) "Notice" means any matter, including a
420-10 proclamation or advertisement, required or authorized by law to be
420-11 published in a newspaper by a governmental entity or
420-12 representative. (V.A.C.S. Art. 28a, Secs. (1), (3), (4).)
420-13 Sec. 2051.042. APPLICABILITY OF SUBCHAPTER. (a) This
420-14 subchapter applies only to the extent that the general or special
420-15 law requiring or authorizing the publication of a notice in a
420-16 newspaper by a governmental entity or representative does not
420-17 specify the manner of the publication, including the number of
420-18 times that the notice is required to be published and the period
420-19 during which the notice is required to be published.
420-20 (b) This subchapter does not apply to the publication of a
420-21 citation that relates to a civil suit and to which the Texas Rules
420-22 of Civil Procedure apply. (V.A.C.S. Arts. 29 (part); 29a (part).)
420-23 Sec. 2051.043. PUBLICATION IN AT LEAST ONE ISSUE REQUIRED.
420-24 Except as provided by Section 2051.046(b) or 2051.048(d), a notice
420-25 shall be published in at least one issue of a newspaper. (V.A.C.S.
420-26 Art. 29a (part).)
420-27 Sec. 2051.044. TYPE OF NEWSPAPER REQUIRED. (a) The
421-1 newspaper in which a notice is published must:
421-2 (1) devote not less than 25 percent of its total
421-3 column lineage to general interest items;
421-4 (2) be published at least once each week;
421-5 (3) be entered as second-class postal matter in the
421-6 county where published; and
421-7 (4) have been published regularly and continuously for
421-8 at least 12 months before the governmental entity or representative
421-9 publishes notice.
421-10 (b) A weekly newspaper has been published regularly and
421-11 continuously under Subsection (a) if the newspaper omits not more
421-12 than two issues in the 12-month period. (V.A.C.S. Arts. 28a(2),
421-13 29a (part).)
421-14 Sec. 2051.045. LEGAL RATE CHARGED FOR PUBLICATION. The
421-15 legal rate for publication of a notice in a newspaper is the
421-16 newspaper's lowest published rate for classified advertising.
421-17 (V.A.C.S. Art. 29 (part).)
421-18 Sec. 2051.046. NOTICE OF COUNTY. (a) A notice of a county
421-19 shall be published in a newspaper published in the county that will
421-20 publish the notice at or below the legal rate.
421-21 (b) If no newspaper that will publish the notice at or below
421-22 the legal rate is published in the county, the notice shall be
421-23 posted at the door of the county courthouse. (V.A.C.S. Art. 29a
421-24 (part).)
421-25 Sec. 2051.047. NOTICE OF CERTAIN CONSERVATION AND
421-26 RECLAMATION DISTRICTS. A conservation and reclamation district,
421-27 other than a river authority, created under Article XVI, Section
422-1 59, of the Texas Constitution that furnishes water and sewer
422-2 services to household users satisfies a requirement of general,
422-3 special, or local law to publish notice in a newspaper of general
422-4 circulation in the county in which the district is located by
422-5 publishing the notice in a newspaper of general circulation in the
422-6 district. (V.A.C.S. Art. 28a-1.)
422-7 Sec. 2051.048. NOTICE OF OTHER POLITICAL SUBDIVISION. (a)
422-8 This section applies only to a political subdivision other than a
422-9 county or a conservation and reclamation district under Section
422-10 2051.047.
422-11 (b) A notice of a political subdivision shall be published
422-12 in a newspaper that is published in the political subdivision and
422-13 that will publish the notice at or below the legal rate.
422-14 (c) If no newspaper published in the political subdivision
422-15 will publish the notice at or below the legal rate, the political
422-16 subdivision shall publish the notice in a newspaper that:
422-17 (1) is published in the county in which the political
422-18 subdivision is located; and
422-19 (2) will charge the legal rate or a lower rate.
422-20 (d) If no newspaper published in the county in which the
422-21 political subdivision is located will publish the notice at or
422-22 below the legal rate, the political subdivision shall post the
422-23 notice at the door of the county courthouse of the county in which
422-24 the political subdivision is located. (V.A.C.S. Art. 29a (part).)
422-25 Sec. 2051.049. SELECTION OF NEWSPAPER. The governmental
422-26 entity or representative required to publish a notice in a
422-27 newspaper shall select, in accordance with this subchapter, one or
423-1 more newspapers to publish the notice. (V.A.C.S. Art. 28a(6).)
423-2 Sec. 2051.050. TIME OF PUBLICATION. A notice must be
423-3 published in a newspaper issued at least one day before the
423-4 occurrence of the event to which the notice refers. (V.A.C.S. Art.
423-5 29a (part).)
423-6 Sec. 2051.051. BILL FOR PUBLICATION. A newspaper that
423-7 publishes a notice shall submit a bill for the publication with a
423-8 clipping of the published notice and a verified statement of the
423-9 publisher that:
423-10 (1) states the rate charged;
423-11 (2) certifies that the rate charged is the newspaper's
423-12 lowest published rate for classified advertising; and
423-13 (3) certifies the number and dates of the publication.
423-14 (V.A.C.S. Art. 29 (part).)
423-15 Sec. 2051.052. CANCELLATION OF PUBLISHING CONTRACT. The
423-16 General Services Commission or a district or county official
423-17 required to publish a notice may cancel a contract executed by the
423-18 commission or official for the publication if the commission or
423-19 official determines that the newspaper charges a rate higher than
423-20 the legal rate. (V.A.C.S. Art. 29 (part).)
423-21 Sec. 2051.053. REFUSAL OF NEWSPAPER TO PUBLISH NOTICE OR
423-22 CITATION. (a) The refusal of a newspaper to publish, without
423-23 receiving advance payment for making the publication, a notice or
423-24 citation in a state court proceeding in which the state or a
423-25 political subdivision of the state is a party and in which the cost
423-26 of the publication is to be charged as fees or costs of the
423-27 proceeding is considered an unqualified refusal to publish the
424-1 notice or citation.
424-2 (b) The sworn statement of the newspaper's publisher or the
424-3 person offering to insert the notice or citation in the newspaper
424-4 is subject to record as proof of the refusal. (V.A.C.S. Art. 29a
424-5 (part).)
424-6 CHAPTER 2052. STATE AGENCY REPORTS AND PUBLICATIONS
424-7 SUBCHAPTER A. REPORTS FOR LEGISLATURE OR GOVERNOR
424-8 Sec. 2052.001. FILING AND PRINTING OF REPORT
424-9 Sec. 2052.002. DISTRIBUTION OF PUBLICATIONS TO LEGISLATORS
424-10 Sec. 2052.003. REPORT ON EMPLOYMENT OF HANDICAPPED
424-11 (Sections 2052.004-2052.100 reserved for expansion)
424-12 SUBCHAPTER B. REPORTS ON STATE EMPLOYEES
424-13 Sec. 2052.101. DEFINITION
424-14 Sec. 2052.102. FULL-TIME EQUIVALENT EMPLOYEE
424-15 Sec. 2052.103. REPORTS
424-16 Sec. 2052.104. STATE AUDITOR'S POWERS AND DUTIES
424-17 (Sections 2052.105-2052.200 reserved for expansion)
424-18 SUBCHAPTER C. DISTRIBUTION OF PUBLICATIONS
424-19 Sec. 2052.201. DEFINITIONS
424-20 Sec. 2052.202. PUBLICATION REQUEST FORM
424-21 Sec. 2052.203. PUBLICATION DISTRIBUTION LIST
424-22 Sec. 2052.204. DISTRIBUTION
424-23 Sec. 2052.205. COPIES TO LIBRARY
424-24 Sec. 2052.206. APPLICABILITY TO INFORMATION REQUIRED BY LAW
424-25 (Sections 2052.207-2052.300 reserved for expansion)
424-26 SUBCHAPTER D. PUBLICATION PRODUCTION AND CHARGES
424-27 Sec. 2052.301. SALES CHARGE
425-1 Sec. 2052.302. PROHIBITION OF ECONOMIC BENEFIT
425-2 Sec. 2052.303. USE OF RECYCLED PAPER
425-3 CHAPTER 2052. STATE AGENCY REPORTS AND PUBLICATIONS
425-4 SUBCHAPTER A. REPORTS FOR LEGISLATURE OR GOVERNOR
425-5 Sec. 2052.001. FILING AND PRINTING OF REPORT. (a) An
425-6 annual or biennial report intended for the use of the legislature
425-7 or the governor shall be sent to the secretary of state not later
425-8 than November 1.
425-9 (b) Before the legislature convenes, the secretary of state
425-10 promptly shall provide for the printing of each report that the
425-11 secretary received for the legislature under Subsection (a). On
425-12 the organization of the legislature, the secretary shall send 10
425-13 copies of each report to the presiding officer of each house of the
425-14 legislature for legislative members. (V.A.C.S. Art. 13.)
425-15 Sec. 2052.002. DISTRIBUTION OF PUBLICATIONS TO LEGISLATORS.
425-16 (a) To avoid waste in the duplication and distribution of state
425-17 agency publications, a state agency that issues a publication
425-18 relating to the work of the agency and distributes the publication
425-19 to members of the legislature shall send to each member before
425-20 distributing the publication a written notice to determine whether
425-21 the member wants to receive the publication.
425-22 (b) The state agency shall include with the notice a brief
425-23 written summary of the publication.
425-24 (c) A member who elects to receive the publication shall
425-25 notify the state agency.
425-26 (d) This section does not apply to a report that is required
425-27 by law.
426-1 (e) In this section, "state agency" means:
426-2 (1) a department, commission, board, office, or other
426-3 agency that is in the executive branch of state government and that
426-4 was created by the constitution or a statute of this state;
426-5 (2) a university system or institution of higher
426-6 education as defined by Section 61.003, Education Code; or
426-7 (3) the supreme court, the court of criminal appeals,
426-8 a court of appeals, or the Texas Judicial Council. (V.A.C.S. Art.
426-9 4413(33b), Secs. 1, 2.)
426-10 Sec. 2052.003. REPORT ON EMPLOYMENT OF HANDICAPPED. (a) A
426-11 state agency that sends to the governor an annual report on equal
426-12 employment opportunities with the agency shall include in the
426-13 statistical information of the report information relating to the
426-14 number of handicapped individuals that the agency employs.
426-15 (b) In this section, "handicapped individual" means an
426-16 individual who has a mental or physical handicap or impairment,
426-17 including mental retardation, hardness of hearing, deafness, a
426-18 speech impairment, blindness, or a crippling condition that
426-19 requires special ambulatory devices or services. The term does not
426-20 include an individual whose sole handicap or impairment is
426-21 addiction to the use of alcohol or to a drug or other controlled
426-22 substance. (V.A.C.S. Art. 6252-16b, Secs. 1, 2.)
426-23 (Sections 2052.004-2052.100 reserved for expansion)
426-24 SUBCHAPTER B. REPORTS ON STATE EMPLOYEES
426-25 Sec. 2052.101. DEFINITION. In this subchapter, "state
426-26 agency" means:
426-27 (1) a department, commission, board, office, or other
427-1 agency that is in the executive or legislative branch of state
427-2 government and that was created by the constitution or a statute,
427-3 including an institution of higher education as defined by Section
427-4 61.003, Education Code; or
427-5 (2) the supreme court, the court of criminal appeals,
427-6 a court of appeals, or the Texas Judicial Council or another agency
427-7 in the judicial branch of state government. (V.A.C.S. Art.
427-8 6252-16c, Sec. 1(2).)
427-9 Sec. 2052.102. FULL-TIME EQUIVALENT EMPLOYEE. (a) An
427-10 employee who maintains a workweek of at least 40 hours, including
427-11 authorized vacation and leave, is a full-time equivalent employee.
427-12 (b) An employee who maintains a workweek of less than 40
427-13 hours is counted as a fractional full-time equivalent employee
427-14 according to the ratio of the number of hours that the employee
427-15 normally works a week to 40 hours. (V.A.C.S. Art. 6252-16c, Sec.
427-16 1(1).)
427-17 Sec. 2052.103. REPORTS. (a) Not later than the last day of
427-18 the first month following each quarter of the fiscal year, a state
427-19 agency shall file with the state auditor a written report that
427-20 provides for that fiscal quarter:
427-21 (1) the number of full-time equivalent state employees
427-22 employed by the agency and paid from funds in the state treasury;
427-23 (2) the number of full-time equivalent state employees
427-24 employed by the agency and paid from funds outside of the state
427-25 treasury;
427-26 (3) the increase or decrease, if any, of the number of
427-27 full-time equivalent employees from the fiscal quarter preceding
428-1 the quarter covered by the report;
428-2 (4) the number of positions of the agency paid from
428-3 funds in the state treasury;
428-4 (5) the number of positions of the agency paid from
428-5 funds outside of the state treasury; and
428-6 (6) the number of individuals who performed services
428-7 for the agency under a contract, including consultants and
428-8 individuals employed under contracts with temporary help services.
428-9 (b) The report must be made in the manner prescribed by the
428-10 state auditor.
428-11 (c) A state agency, in accordance with specific guidelines
428-12 adopted by the state auditor, may adopt rules for the collection of
428-13 the information required under this section. (V.A.C.S. Art.
428-14 6252-16c, Secs. 2(a), (b), (c).)
428-15 Sec. 2052.104. STATE AUDITOR'S POWERS AND DUTIES. (a) The
428-16 state auditor may audit a state agency to ensure:
428-17 (1) the accuracy of information reported under this
428-18 subchapter; and
428-19 (2) compliance with this subchapter.
428-20 (b) The state auditor shall:
428-21 (1) adopt rules for the manner in which a report must
428-22 be made under Section 2052.103;
428-23 (2) prepare quarterly summary reports from the
428-24 information in the reports filed under Section 2052.103; and
428-25 (3) provide copies of the summary reports to:
428-26 (A) the Legislative Budget Board;
428-27 (B) the governor; and
429-1 (C) the comptroller. (V.A.C.S. Art. 6252-16c,
429-2 Secs. 2(d), 3.)
429-3 (Sections 2052.105-2052.200 reserved for expansion)
429-4 SUBCHAPTER C. DISTRIBUTION OF PUBLICATIONS
429-5 Sec. 2052.201. DEFINITIONS. In this subchapter:
429-6 (1) "Person" means an individual, association,
429-7 corporation, or state agency.
429-8 (2) "Publication" means printed matter containing news
429-9 or other information and includes a magazine, newsletter,
429-10 newspaper, pamphlet, or report.
429-11 (3) "Publication request form" means a form that
429-12 provides a means of requesting a state agency's publications.
429-13 (4) "State agency" means a department, commission,
429-14 board, office, or other agency that:
429-15 (A) is in the executive branch of state
429-16 government;
429-17 (B) has authority that is not limited to a
429-18 geographical portion of the state; and
429-19 (C) was created by the constitution or a statute
429-20 of this state. (V.A.C.S. Art. 4413(33a), Secs. 4, 5(b).)
429-21 Sec. 2052.202. PUBLICATION REQUEST FORM. (a) A state
429-22 agency that distributes publications to a person shall distribute a
429-23 publication request form on request or with each copy of the last
429-24 publication that it distributes before January 1 of each year.
429-25 (b) The comptroller shall:
429-26 (1) print the publication request form; and
429-27 (2) furnish to a state agency that distributes
430-1 publications a sufficient number of publication request forms to
430-2 enable the agency annually to distribute a form to each person that
430-3 receives a publication. (V.A.C.S. Art. 4413(33a), Secs. 5(a),
430-4 (c).)
430-5 Sec. 2052.203. PUBLICATION DISTRIBUTION LIST. (a) A state
430-6 agency that receives a completed publication request form or other
430-7 written request for its publications may place the name of the
430-8 requestor on its publication distribution list. A state agency may
430-9 not place the name of a person or other entity on its publication
430-10 distribution list unless the state agency has received a completed
430-11 publication request form or other written request from that person
430-12 or entity.
430-13 (b) After January 1 of each year a state agency shall
430-14 compile a publication distribution list from the completed
430-15 publication request forms and other written requests received for
430-16 publications for that calendar year.
430-17 (c) A state agency that distributes publications shall file
430-18 a copy of its publication distribution list with the comptroller
430-19 before March 1 of each year.
430-20 (d) A filed publication distribution list is public
430-21 information. (V.A.C.S. Art. 4413(33a), Secs. 6, 9.)
430-22 Sec. 2052.204. DISTRIBUTION. A state agency may distribute
430-23 a copy of a publication to a person or other entity that is not
430-24 listed on the publication distribution list only if:
430-25 (1) the person or entity has requested orally or in
430-26 writing a specific copy of the publication; or
430-27 (2) the person is a newly elected or appointed state
431-1 officer, newly appointed executive head of a state agency, or newly
431-2 established state agency. (V.A.C.S. Art. 4413(33a), Secs. 7,
431-3 8(a).)
431-4 Sec. 2052.205. COPIES TO LIBRARY. (a) A state agency shall
431-5 send to the Legislative Reference Library five copies of each
431-6 publication that it distributes.
431-7 (b) The library shall make the publications available to its
431-8 users. (V.A.C.S. Art. 4413(33a), Sec. 8(b).)
431-9 Sec. 2052.206. APPLICABILITY TO INFORMATION REQUIRED BY LAW.
431-10 This subchapter does not apply to the distribution of information
431-11 required by law. (V.A.C.S. Art. 4413(33a), Sec. 10.)
431-12 (Sections 2052.207-2052.300 reserved for expansion)
431-13 SUBCHAPTER D. PUBLICATION PRODUCTION AND CHARGES
431-14 Sec. 2052.301. SALES CHARGE. (a) A department or agency in
431-15 the executive branch of government, unless otherwise specifically
431-16 directed by statute, may set and collect a sales charge for a
431-17 publication or other printed matter if the charge is in the public
431-18 interest.
431-19 (b) The amount of the sales charge for a publication or
431-20 other printed matter not specifically set by statute may not be
431-21 greater than an amount considered sufficient by the publishing
431-22 department or agency to reasonably reimburse the state for the
431-23 actual expense of printing the publication or printed matter.
431-24 (c) Money collected under this section shall be deposited in
431-25 the fund from which the cost of printing the publication or other
431-26 printed matter was paid. The deposited money is subject to
431-27 legislative appropriation. (V.A.C.S. Art. 4413(33), Secs. 1, 2, 3,
432-1 4 (part).)
432-2 Sec. 2052.302. PROHIBITION OF ECONOMIC BENEFIT. (a) In
432-3 accordance with Article XVI, Section 21, of the Texas Constitution,
432-4 an officer or employee of the state may not, directly or
432-5 indirectly, profit by or have a pecuniary interest in the
432-6 preparation, printing, duplication, or sale of a publication or
432-7 other printed matter issued by a department or agency of the
432-8 executive branch.
432-9 (b) A person who violates this section shall be dismissed
432-10 from state employment. (V.A.C.S. Art. 4413(33), Sec. 5.)
432-11 Sec. 2052.303. USE OF RECYCLED PAPER. (a) A state agency
432-12 that issues publications, including reports, for general
432-13 distribution, including distribution to members of the legislature,
432-14 shall use recycled paper to produce the publications to the
432-15 greatest extent possible when the use of recycled paper is
432-16 cost-effective.
432-17 (b) In this section, "state agency" means:
432-18 (1) a department, commission, board, office, or other
432-19 agency that is in the executive branch of state government and that
432-20 was created by the constitution or a statute of this state;
432-21 (2) a university system or institution of higher
432-22 education as defined by Section 61.003, Education Code; or
432-23 (3) the supreme court, the court of criminal appeals,
432-24 a court of appeals, or the Texas Judicial Council. (V.A.C.S. Art.
432-25 4413(33b), Secs. 1, 3.)
432-26 CHAPTER 2053. REPORT BY GOVERNOR ON ORGANIZATION AND
432-27 EFFICIENCY OF STATE AGENCIES
433-1 Sec. 2053.001. DEFINITIONS
433-2 Sec. 2053.002. REPORT
433-3 Sec. 2053.003. PARTICIPATION BY INTERAGENCY PLANNING
433-4 COUNCILS
433-5 Sec. 2053.004. LEGISLATION
433-6 CHAPTER 2053. REPORT BY GOVERNOR ON ORGANIZATION AND
433-7 EFFICIENCY OF STATE AGENCIES
433-8 Sec. 2053.001. DEFINITIONS. In this chapter:
433-9 (1) "State agency" means a board, commission,
433-10 department, office, or other agency, except a university system or
433-11 institution of higher education as defined by Section 61.003,
433-12 Education Code, that:
433-13 (A) is in the executive branch of state
433-14 government;
433-15 (B) has statewide authority; and
433-16 (C) is created by the constitution or by
433-17 statute.
433-18 (2) "Functional area" means one of the following areas
433-19 of concern to state government:
433-20 (A) natural resources;
433-21 (B) health and human resources;
433-22 (C) education;
433-23 (D) economic development and transportation;
433-24 (E) agriculture;
433-25 (F) public protection;
433-26 (G) consumer protection;
433-27 (H) work force; or
434-1 (I) any other area in which the governor
434-2 appoints an interagency planning council under Section 772.003.
434-3 (V.A.C.S. Art. 4413(34d), Sec. 1.)
434-4 Sec. 2053.002. REPORT. (a) Before the end of each
434-5 even-numbered year, the governor shall prepare and submit to the
434-6 legislature a report on the organization and efficiency of state
434-7 agencies.
434-8 (b) The report must group state agencies into functional
434-9 areas and must include the following items about the state agencies
434-10 in each functional area:
434-11 (1) information about the efficiency with which the
434-12 agencies operate;
434-13 (2) recommendations about the reorganization of the
434-14 agencies and the consolidation, transfer, or abolition of their
434-15 functions; and
434-16 (3) any other information about the organization or
434-17 efficiency of the agencies that the governor considers necessary.
434-18 (c) The Legislative Budget Board shall coordinate the
434-19 collection of information to be included in the report. (V.A.C.S.
434-20 Art. 4413(34d), Secs. 2(a), (c), (d).)
434-21 Sec. 2053.003. PARTICIPATION BY INTERAGENCY PLANNING
434-22 COUNCILS. (a) In preparing the report required by this chapter,
434-23 the governor shall request and consider from each interagency
434-24 planning council appointed under Section 772.003 information about
434-25 the efficiency of the state agencies in the council's functional
434-26 area and recommendations about the reorganization of those
434-27 agencies.
435-1 (b) Before submitting the report to the legislature, the
435-2 governor shall submit to each interagency planning council for
435-3 review and comment the part of the proposed report about the state
435-4 agencies in the council's functional area.
435-5 (c) The governor shall submit with the report the comments
435-6 received under Subsection (b). (V.A.C.S. Art. 4413(34d), Sec. 3.)
435-7 Sec. 2053.004. LEGISLATION. The Texas Legislative Council
435-8 shall draft any legislation required to implement the
435-9 recommendations contained in the report required by this chapter.
435-10 (V.A.C.S. Art. 4413(34d), Sec. 4.)
435-11 CHAPTER 2054. INFORMATION RESOURCES
435-12 SUBCHAPTER A. GENERAL PROVISIONS
435-13 Sec. 2054.001. LEGISLATIVE FINDINGS AND POLICY
435-14 Sec. 2054.002. SHORT TITLE
435-15 Sec. 2054.003. DEFINITIONS
435-16 Sec. 2054.004. DEPARTMENT
435-17 Sec. 2054.005. SUNSET PROVISION
435-18 Sec. 2054.006. LAWS NOT AFFECTED
435-19 Sec. 2054.007. EXCEPTION: STATE LOTTERY OPERATIONS
435-20 Sec. 2054.008. EXCEPTION: EMERGENCY SITUATIONS
435-21 Sec. 2054.009. EXCEPTION: TEXAS NATIONAL RESEARCH
435-22 LABORATORY COMMISSION
435-23 Sec. 2054.010. REFERENCES TO PRECEDING AGENCY
435-24 (Sections 2054.011-2054.020 reserved for expansion)
435-25 SUBCHAPTER B. ADMINISTRATION OF DEPARTMENT
435-26 Sec. 2054.021. COMPOSITION OF BOARD; TERMS
435-27 Sec. 2054.022. CONFLICT OF INTEREST
436-1 Sec. 2054.023. COMPENSATION; EXPENSES
436-2 Sec. 2054.024. VACANCY
436-3 Sec. 2054.025. REMOVAL OF BOARD MEMBER
436-4 Sec. 2054.026. LIMITATION ON LIABILITY
436-5 Sec. 2054.027. MEETINGS; ACTION OF BOARD
436-6 Sec. 2054.028. PRESIDING OFFICER
436-7 Sec. 2054.029. EXECUTIVE DIRECTOR; STAFF
436-8 Sec. 2054.030. MERIT PAY
436-9 Sec. 2054.031. CAREER LADDER
436-10 Sec. 2054.032. EQUAL EMPLOYMENT OPPORTUNITY
436-11 Sec. 2054.033. ADVISORY COMMITTEES
436-12 Sec. 2054.034. FUND
436-13 (Sections 2054.035-2054.050 reserved for expansion)
436-14 SUBCHAPTER C. GENERAL POWERS AND DUTIES OF DEPARTMENT
436-15 Sec. 2054.051. GENERAL DUTIES OF DEPARTMENT
436-16 Sec. 2054.052. GENERAL POWERS OF DEPARTMENT
436-17 Sec. 2054.053. LEGISLATIVE BUDGET INSTRUCTIONS; APPROPRIATION
436-18 REQUESTS
436-19 Sec. 2054.054. CLIENT OMNIBUS REGISTRY AND EXCHANGE DATA
436-20 BASES
436-21 Sec. 2054.055. ANNUAL REPORT
436-22 Sec. 2054.056. COMPUTER SERVICE FACILITY
436-23 Sec. 2054.057. PAYMENT AND ACCOUNTING FOR SERVICES
436-24 Sec. 2054.058. CUSTOMER OVERSIGHT COMMITTEE
436-25 Sec. 2054.059. TELECOMMUNICATIONS PLANNING AND POLICY
436-26 (Sections 2054.060-2054.070 reserved for expansion)
436-27 SUBCHAPTER D. INFORMATION RESOURCES MANAGERS
437-1 Sec. 2054.071. IDENTITY OF MANAGER
437-2 Sec. 2054.072. CONFLICT OF INTEREST
437-3 Sec. 2054.073. DESIGNATION OF DEPARTMENT
437-4 Sec. 2054.074. RESPONSIBILITY OF INFORMATION RESOURCES
437-5 MANAGER
437-6 Sec. 2054.075. COOPERATION WITH INFORMATION RESOURCES
437-7 MANAGER
437-8 Sec. 2054.076. CONTINUING EDUCATION
437-9 (Sections 2054.077-2054.090 reserved for expansion)
437-10 SUBCHAPTER E. STRATEGIC AND OPERATING PLANS
437-11 Sec. 2054.091. PREPARATION OF STATE STRATEGIC PLAN
437-12 Sec. 2054.092. CONTENT OF STATE STRATEGIC PLAN
437-13 Sec. 2054.093. AMENDMENT OF STATE STRATEGIC PLAN
437-14 Sec. 2054.094. SUBMISSION OF STATE STRATEGIC PLAN
437-15 Sec. 2054.095. PREPARATION OF AGENCY STRATEGIC PLAN
437-16 Sec. 2054.096. CONTENT OF AGENCY STRATEGIC PLAN
437-17 Sec. 2054.097. REVIEW OF AGENCY STRATEGIC PLAN
437-18 Sec. 2054.098. APPROVAL OR DISAPPROVAL OF AGENCY STRATEGIC
437-19 PLAN
437-20 Sec. 2054.099. INITIAL OPERATING PLAN OF STATE AGENCY
437-21 Sec. 2054.100. FINAL OPERATING PLAN OF STATE AGENCY
437-22 Sec. 2054.101. INSTRUCTIONS FOR PREPARING OPERATING PLANS
437-23 Sec. 2054.102. APPROVAL OR DISAPPROVAL OF OPERATING PLANS
437-24 Sec. 2054.103. SUBMISSION OF OPERATING PLANS AND CERTAIN
437-25 PROCUREMENT INFORMATION
437-26 Sec. 2054.104. DENIAL OF ACCESS TO APPROPRIATIONS ON FAILURE
437-27 TO SUBMIT OPERATING PLAN AND CERTAIN
438-1 PROCUREMENT INFORMATION
438-2 (Sections 2054.105-2054.110 reserved for expansion)
438-3 SUBCHAPTER F. OTHER POWERS AND DUTIES OF STATE AGENCIES
438-4 Sec. 2054.111. ANNUAL PERFORMANCE REPORT
438-5 Sec. 2054.112. CONTENTS OF ANNUAL PERFORMANCE REPORT
438-6 Sec. 2054.113. DENIAL OF ACCESS TO APPROPRIATIONS
438-7 Sec. 2054.114. ACQUISITION SPECIFICATIONS
438-8 Sec. 2054.115. SALE OR LEASE OF SOFTWARE
438-9 Sec. 2054.116. COMPUTER SERVICES CONTRACTS
438-10 Sec. 2054.117. ELECTRONIC DATA PROCESSING CENTER
438-11 CHAPTER 2054. INFORMATION RESOURCES
438-12 SUBCHAPTER A. GENERAL PROVISIONS
438-13 Sec. 2054.001. LEGISLATIVE FINDINGS AND POLICY. (a) The
438-14 legislature finds that:
438-15 (1) information and information resources possessed by
438-16 agencies of state government are strategic assets belonging to the
438-17 residents of this state that must be managed as valuable state
438-18 resources;
438-19 (2) technological and theoretical advances in
438-20 information use are recent in origin, immense in scope and
438-21 complexity, and growing at a rapid pace;
438-22 (3) the nature of these advances presents this state
438-23 with the opportunity to provide higher quality, more timely, and
438-24 more cost-effective governmental services;
438-25 (4) the danger exists that state agencies could
438-26 independently acquire uncoordinated and duplicative information
438-27 resources technologies that are more appropriately acquired as part
439-1 of a coordinated effort for maximum cost-effectiveness and use;
439-2 (5) the sharing of information resources technologies
439-3 among state agencies is often the most cost-effective method of
439-4 providing the highest quality and most timely governmental services
439-5 that otherwise would be cost prohibitive;
439-6 (6) both considerations of cost and the need for the
439-7 transfer of information among the various agencies and branches of
439-8 state government in the most timely and useful form possible
439-9 require a uniform policy and coordinated system for the use and
439-10 acquisition of information resources technologies;
439-11 (7) considerations of cost and expertise require that,
439-12 to the extent possible, the planning and coordinating functions
439-13 reside in a separate agency from the purchasing function; and
439-14 (8) the need of officials in the executive branch of
439-15 state government to have timely access to all needed information in
439-16 a form most useful to them in their execution of the laws and the
439-17 need of members of the legislative branch of state government to
439-18 have timely access to all needed information in a form most useful
439-19 to them in their evaluation of the practical effect of the laws and
439-20 in their identification of areas in which legislation is needed for
439-21 the future are equally paramount, requiring the greatest possible
439-22 continuous and formal coordination and cooperation within and among
439-23 the branches of state government.
439-24 (b) It is the policy of this state to coordinate and direct
439-25 the use of information resources technologies by state agencies and
439-26 to provide as soon as possible the most cost-effective and useful
439-27 retrieval and exchange of information within and among the various
440-1 agencies and branches of state government and from the agencies and
440-2 branches of state government to the residents of this state and
440-3 their elected representatives. The Department of Information
440-4 Resources exists for these purposes. (V.A.C.S. Art. 4413(32j),
440-5 Sec. 1.)
440-6 Sec. 2054.002. SHORT TITLE. This chapter may be cited as
440-7 the Information Resources Management Act. (V.A.C.S. Art.
440-8 4413(32j), Sec. 2.)
440-9 Sec. 2054.003. DEFINITIONS. In this chapter:
440-10 (1) "Application" means a separately identifiable and
440-11 interrelated set of information resources technologies that allows
440-12 a state agency to manipulate information resources to support
440-13 specifically defined objectives.
440-14 (2) "Board" means the governing board of the
440-15 Department of Information Resources.
440-16 (3) "Data processing" means information technology
440-17 equipment and related services designed for the automated storage,
440-18 manipulation, and retrieval of data by electronic or mechanical
440-19 means. The term includes:
440-20 (A) central processing units, front-end
440-21 processing units, miniprocessors, microprocessors, and related
440-22 peripheral equipment such as data storage devices, document
440-23 scanners, data entry equipment, terminal controllers, data terminal
440-24 equipment, computer-based word processing systems other than memory
440-25 typewriters, and equipment and systems for computer networks;
440-26 (B) all related services, including feasibility
440-27 studies, systems design, software development, and time-sharing
441-1 services, provided by state employees or others; and
441-2 (C) the programs and routines used to employ and
441-3 control the capabilities of data processing hardware, including
441-4 operating systems, compilers, assemblers, utilities, library
441-5 routines, maintenance routines, applications, and computer
441-6 networking programs.
441-7 (4) "Department" means the Department of Information
441-8 Resources.
441-9 (5) "Executive director" means the executive director
441-10 of the Department of Information Resources.
441-11 (6) "Information resources" means the procedures,
441-12 equipment, and software that are designed, built, operated, and
441-13 maintained to collect, record, process, store, retrieve, display,
441-14 and transmit information, and associated personnel including
441-15 consultants and contractors.
441-16 (7) "Information resources technologies" means data
441-17 processing and telecommunications hardware, software, services,
441-18 supplies, personnel, facility resources, maintenance, and training.
441-19 (8) "Project" means a program to provide information
441-20 resources technologies support to functions within or among
441-21 elements of a state agency, that ideally is characterized by
441-22 well-defined parameters, specific objectives, common benefits,
441-23 planned activities, a scheduled completion date, and an established
441-24 budget with a specified source of funding.
441-25 (9) "State agency" means a department, commission,
441-26 board, office, council, or other agency in the executive or
441-27 judicial branch of state government that is created by the
442-1 constitution or a statute of this state, including a university
442-2 system or institution of higher education as defined by Section
442-3 61.003, Education Code.
442-4 (10) "Telecommunications" means any transmission,
442-5 emission, or reception of signs, signals, writings, images, or
442-6 sounds of intelligence of any nature by wire, radio, optical, or
442-7 other electromagnetic systems. The term includes all facilities
442-8 and equipment performing those functions that are owned, leased, or
442-9 used by state agencies and branches of state government. (V.A.C.S.
442-10 Art. 4413(32j), Sec. 3.)
442-11 Sec. 2054.004. DEPARTMENT. The Department of Information
442-12 Resources is an agency of the state. (V.A.C.S. Art. 4413(32j),
442-13 Sec. 4.)
442-14 Sec. 2054.005. SUNSET PROVISION. The Department of
442-15 Information Resources is subject to Chapter 325 (Texas Sunset Act).
442-16 Unless continued in existence as provided by that chapter, the
442-17 department is abolished and this chapter expires September 1, 1997.
442-18 (V.A.C.S. Art. 4413(32j), Sec. 5.)
442-19 Sec. 2054.006. LAWS NOT AFFECTED. (a) This chapter does
442-20 not affect laws, rules, or decisions relating to the
442-21 confidentiality or privileged status of categories of information
442-22 or communications.
442-23 (b) This chapter does not enlarge the right of state
442-24 government to require information, records, or communications from
442-25 the people. (V.A.C.S. Art. 4413(32j), Sec. 24.)
442-26 Sec. 2054.007. EXCEPTION: STATE LOTTERY OPERATIONS. (a)
442-27 The lottery division in the office of the comptroller is not
443-1 included in the agency strategic plan, initial operating plan, or
443-2 final operating plan of the comptroller. The lottery division is
443-3 not subject to the planning and procurement requirements of this
443-4 chapter.
443-5 (b) The electronic funds transfer system for the operation
443-6 of the state lottery is not included in the agency strategic plan,
443-7 initial operating plan, or final operating plan of the state
443-8 treasurer. Operations of the state treasurer that relate to the
443-9 state lottery are not subject to the planning and procurement
443-10 requirements of this chapter. (V.A.C.S. Art. 4413(32j), Sec. 26.)
443-11 Sec. 2054.008. EXCEPTION: EMERGENCY SITUATIONS. (a) A
443-12 state agency may take an action described in this chapter without
443-13 first complying with the procedures prescribed by this chapter if
443-14 the agency finds that a situation caused by fire, natural disaster,
443-15 or other actual emergency requires the action to be taken.
443-16 (b) A report explaining the emergency action must be filed
443-17 with the department not later than the 30th day after the date the
443-18 action is taken. (V.A.C.S. Art. 4413(32j), Sec. 18(e).)
443-19 Sec. 2054.009. EXCEPTION: TEXAS NATIONAL RESEARCH
443-20 LABORATORY COMMISSION. The Texas National Research Laboratory
443-21 Commission may take action described in this chapter without first
443-22 complying with the procedures prescribed by this chapter if the
443-23 agency determines that an acquisition of information resources
443-24 technologies constitutes an eligible undertaking as defined by
443-25 Section 465.021. (V.A.C.S. Art. 4413(32j), Sec. 18(f).)
443-26 Sec. 2054.010. REFERENCES TO PRECEDING AGENCY. Any
443-27 reference in law to the Automated Information and
444-1 Telecommunications Council means the Department of Information
444-2 Resources. (V.A.C.S. Art. 4413(32j), Sec. 25.)
444-3 (Sections 2054.011-2054.020 reserved for expansion)
444-4 SUBCHAPTER B. ADMINISTRATION OF DEPARTMENT
444-5 Sec. 2054.021. COMPOSITION OF BOARD; TERMS. (a) The
444-6 department is governed by a board composed of nine members
444-7 appointed by the governor with the advice and consent of the
444-8 senate. Three members must be appointed from a list of individuals
444-9 submitted to the governor by the speaker of the house of
444-10 representatives, and at least one of those appointees must be a
444-11 member of the house of representatives who serves on the board ex
444-12 officio as a voting member. Three members must be appointed from a
444-13 list of individuals submitted to the governor by the lieutenant
444-14 governor, and at least one of those appointees must be a member of
444-15 the senate who serves on the board ex officio as a voting member.
444-16 One member must be employed by an institution of higher education
444-17 as defined by Section 61.003, Education Code. In addition to the
444-18 members of the legislature who must be appointed from the lists
444-19 submitted by the lieutenant governor and the speaker of the house
444-20 of representatives, the governor may appoint other members of the
444-21 legislature to serve on the board ex officio as voting members.
444-22 (b) Members of the board serve for staggered six-year terms
444-23 with three members' terms expiring February 1 of each odd-numbered
444-24 year. (V.A.C.S. Art. 4413(32j), Secs. 6(a), (b).)
444-25 Sec. 2054.022. Conflict of Interest. (a) A member of the
444-26 board or an employee of the department may not:
444-27 (1) be a person required to register as a lobbyist
445-1 under Chapter 305 because of the person's activities for
445-2 compensation on behalf of a business entity that has, or on behalf
445-3 of a trade association of business entities that have, a
445-4 substantial interest in the information resources technologies
445-5 industry;
445-6 (2) be an officer, employee, or paid consultant of a
445-7 business entity that has, or of a trade association of business
445-8 entities that have, a substantial interest in the information
445-9 resources technologies industry and that may contract with state
445-10 government;
445-11 (3) own, control, or have, directly or indirectly,
445-12 more than a 10 percent interest in a business entity that has a
445-13 substantial interest in the information resources technologies
445-14 industry and that may contract with state government;
445-15 (4) receive more than 25 percent of the individual's
445-16 income from a business entity that has a substantial interest in
445-17 the information resources technologies industry and that may
445-18 contract with state government;
445-19 (5) be interested in or connected with a contract or
445-20 bid for furnishing a state agency with information resources
445-21 technologies;
445-22 (6) be employed by a state agency as a consultant on
445-23 information resources technologies; or
445-24 (7) accept or receive money or another thing of value
445-25 from an individual, firm, or corporation to whom a contract may be
445-26 awarded, directly or indirectly, by rebate, gift, or otherwise.
445-27 (b) The executive director shall dismiss an employee of the
446-1 department who violates a prohibition under Subsection (a), and the
446-2 board shall remove the executive director if the executive director
446-3 violates a prohibition under Subsection (a). (V.A.C.S. Art.
446-4 4413(32j), Sec. 8.)
446-5 Sec. 2054.023. COMPENSATION; EXPENSES. (a) A member of the
446-6 board may not receive compensation for services as a board member.
446-7 (b) A member is entitled to reimbursement for actual and
446-8 necessary expenses reasonably incurred in connection with the
446-9 performance of those services, subject to any applicable limitation
446-10 on reimbursement provided by the General Appropriations Act.
446-11 (c) An ex officio member is entitled to reimbursement for
446-12 those expenses under the rules of the member's office. (V.A.C.S.
446-13 Art. 4413(32j), Sec. 6(e).)
446-14 Sec. 2054.024. VACANCY. (a) The governor shall appoint a
446-15 board member to fill a vacancy under the same procedure that
446-16 applied to the original appointment for that position.
446-17 (b) If the presiding officer's position is vacant, the
446-18 executive director shall perform nonvoting duties of the presiding
446-19 officer until the governor designates a new presiding officer.
446-20 (c) If the final result of an action brought in a court of
446-21 competent jurisdiction is that an ex officio or other member of the
446-22 board may not serve on the board under the Texas Constitution, the
446-23 appropriate individual shall promptly submit a list to the governor
446-24 for the appointment of a replacement who may serve. (V.A.C.S. Art.
446-25 4413(32j), Sec. 6(d).)
446-26 Sec. 2054.025. Removal of Board Member. (a) It is a ground
446-27 for removal from the board if a member:
447-1 (1) does not have at the time of appointment the
447-2 qualifications or status required for appointment to the board;
447-3 (2) does not maintain during service on the board the
447-4 qualifications or status required for initial appointment to the
447-5 board;
447-6 (3) violates a prohibition established by Section
447-7 2054.022;
447-8 (4) cannot discharge because of illness or disability
447-9 the member's duties for a substantial part of the term for which
447-10 the member is appointed; or
447-11 (5) is absent from more than half of the regularly
447-12 scheduled board meetings that the member is eligible to attend
447-13 during a state fiscal year unless the absence is excused by
447-14 majority vote of the board.
447-15 (b) The validity of an action of the board is not affected
447-16 by the fact that it is taken while a ground for removal of a member
447-17 of the board exists.
447-18 (c) If the executive director has knowledge that a potential
447-19 ground for removal exists, the executive director shall inform the
447-20 presiding officer. The presiding officer shall then inform the
447-21 governor of the potential ground for removal. (V.A.C.S. Art.
447-22 4413(32j), Sec. 7.)
447-23 Sec. 2054.026. LIMITATION ON LIABILITY. A member of the
447-24 board is not liable in a civil action for an act performed in good
447-25 faith in the performance of the member's duties. (V.A.C.S. Art.
447-26 4413(32j), Sec. 6(f).)
447-27 Sec. 2054.027. MEETINGS; ACTION OF BOARD. (a) The board
448-1 shall meet at least once in each quarter of the state fiscal year
448-2 and may meet at other times at the call of the presiding officer or
448-3 as provided by department rule.
448-4 (b) When a quorum is present, an affirmative vote of a
448-5 majority of the members of the board present is necessary for an
448-6 action of the board to be effective. (V.A.C.S. Art. 4413(32j),
448-7 Secs. 6(g), (h), (i).)
448-8 Sec. 2054.028. PRESIDING OFFICER. The governor shall
448-9 designate a member of the board to serve as presiding officer at
448-10 the discretion of the governor. (V.A.C.S. Art. 4413(32j), Sec.
448-11 6(c).)
448-12 Sec. 2054.029. Executive Director; Staff. (a) The board
448-13 shall employ an executive director and other employees necessary to
448-14 implement its duties.
448-15 (b) The executive director shall provide to the department's
448-16 employees, as often as necessary, information regarding their
448-17 qualifications for employment and their responsibilities under
448-18 applicable laws relating to standards of conduct for state
448-19 employees. (V.A.C.S. Art. 4413(32j), Sec. 11(a).)
448-20 Sec. 2054.030. MERIT PAY. (a) The department shall develop
448-21 a system of annual performance evaluations.
448-22 (b) All merit pay for department employees must be awarded
448-23 under the system established under this section. (V.A.C.S. Art.
448-24 4413(32j), Sec. 11(b).)
448-25 Sec. 2054.031. CAREER LADDER. (a) The department shall
448-26 develop an intraagency career ladder program.
448-27 (b) The program shall require intraagency postings of all
449-1 nonentry level positions concurrently with any public posting.
449-2 (V.A.C.S. Art. 4413(32j), Sec. 11(c).)
449-3 Sec. 2054.032. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
449-4 department shall prepare and maintain a written policy statement to
449-5 assure implementation of a program of equal employment opportunity
449-6 under which all personnel transactions are made without regard to
449-7 race, color, disability, sex, religion, age, or national origin.
449-8 (b) The policy statement must include personnel policies,
449-9 including policies relating to recruitment, evaluation, selection,
449-10 appointment, training, and promotion of personnel. (V.A.C.S. Art.
449-11 4413(32j), Sec. 11(d).)
449-12 Sec. 2054.033. Advisory Committees. (a) The board and the
449-13 executive director, if authorized by the board, may appoint
449-14 advisory committees as the department considers necessary to
449-15 provide expertise to the department.
449-16 (b) A member of an advisory committee serves at the
449-17 discretion of the board.
449-18 (c) A member of an advisory committee may not receive
449-19 compensation for service on the committee. A member is entitled to
449-20 reimbursement for actual and necessary expenses reasonably incurred
449-21 in performing that service, subject to any applicable limitation on
449-22 reimbursement provided by the General Appropriations Act.
449-23 (d) At least one member of each advisory committee must be
449-24 an employee of a state agency. (V.A.C.S. Art. 4413(32j), Sec. 10.)
449-25 Sec. 2054.034. FUND. The comptroller shall establish in the
449-26 state treasury the Department of Information Resources revolving
449-27 fund account for the administration of this chapter. The account
450-1 may be used only:
450-2 (1) as a depository for funds received as payments
450-3 from state agencies for services provided under this chapter for
450-4 which payment is authorized under this chapter;
450-5 (2) as a source of funds for the department to
450-6 purchase, lease, or acquire in any other manner services, supplies,
450-7 software products, and equipment necessary for implementing the
450-8 department's duties relating to services provided to state agencies
450-9 for which the department receives payment from state agencies under
450-10 this chapter; and
450-11 (3) to pay salaries, wages, and other costs directly
450-12 attributable to the services provided to state agencies for which
450-13 the department receives payment from those agencies under this
450-14 chapter. (V.A.C.S. Art. 4413(32j), Sec. 22(d).)
450-15 (Sections 2054.035-2054.050 reserved for expansion)
450-16 SUBCHAPTER C. GENERAL POWERS AND DUTIES OF DEPARTMENT
450-17 Sec. 2054.051. General Duties of Department. (a) The
450-18 department shall provide the leadership in and coordination of
450-19 information resources management within state government.
450-20 (b) The department shall monitor national and international
450-21 standards relating to information resources technologies, develop
450-22 and publish policies, procedures, and standards relating to
450-23 information resources management by state agencies, and ensure
450-24 compliance with those policies, procedures, and standards.
450-25 (c) The department shall provide and coordinate an
450-26 information resources management training program for the
450-27 departments of state government.
451-1 (d) The department shall establish an information resources
451-2 technology evaluation center for use by the department and other
451-3 state agencies.
451-4 (e) The department shall provide for all interagency use of
451-5 information resources technologies by state agencies, except for
451-6 telecommunications services provided by the General Services
451-7 Commission under other law. The department may provide for
451-8 interagency use of information resources technologies either
451-9 directly or by certifying another state agency to provide specified
451-10 uses of information resources technologies to other state agencies.
451-11 (V.A.C.S. Art. 4413(32j), Secs. 9(b), (d), (e), (i), (j).)
451-12 Sec. 2054.052. General Powers of Department. (a) The
451-13 department may adopt rules as necessary to implement its
451-14 responsibility under this chapter.
451-15 (b) The department may require each state agency to report
451-16 to the department:
451-17 (1) each agency's use of information resources
451-18 technologies;
451-19 (2) the effect of those technologies on the duties and
451-20 functions of the agency;
451-21 (3) the costs incurred by the agency in the
451-22 acquisition and use of those technologies;
451-23 (4) the procedures followed in obtaining those
451-24 technologies;
451-25 (5) the categories of information produced by the
451-26 agency; and
451-27 (6) other information relating to information
452-1 resources management that in the judgment of the department should
452-2 be reported.
452-3 (c) The department may provide technical and managerial
452-4 assistance relating to information resources management at the
452-5 request of a state agency.
452-6 (d) The department may report to the governor and to the
452-7 presiding officer of each house of the legislature any factors that
452-8 in the opinion of the department are outside the duties of the
452-9 department but that inhibit or promote the effective exchange and
452-10 use of information in state government. (V.A.C.S. Art. 4413(32j),
452-11 Secs. 9(a), (c), (f), (l).)
452-12 Sec. 2054.053. LEGISLATIVE BUDGET INSTRUCTIONS;
452-13 APPROPRIATION REQUESTS. (a) The department may identify, develop,
452-14 and recommend to the Legislative Budget Board issues related to
452-15 information resources management to be considered when developing
452-16 the legislative budget instructions to state agencies. The
452-17 department shall inform the governor of issues that are recommended
452-18 to the Legislative Budget Board under this subsection.
452-19 (b) At the request of a state agency, the department may
452-20 assist the agency in the preparation of projects to be submitted as
452-21 part of the agency's legislative appropriation request and may make
452-22 recommendations on any proposed projects. The recommendations
452-23 under this subsection apply to a project and not to a specific
452-24 procurement or set of specifications. (V.A.C.S. Art. 4413(32j),
452-25 Secs. 9(g), (h).)
452-26 Sec. 2054.054. CLIENT OMNIBUS REGISTRY AND EXCHANGE DATA
452-27 BASES. (a) The department may develop and maintain a client
453-1 omnibus registry and exchange data bases to cover public and
453-2 private health and human services, programs, and clients and to
453-3 facilitate the exchange of data among the state's health and human
453-4 services agencies.
453-5 (b) The department must assure in maintaining the
453-6 information that:
453-7 (1) health and mental health communications and
453-8 records privileged under Chapter 239, Acts of the 66th Legislature,
453-9 Regular Session, 1979 (Article 5561h, Vernon's Texas Civil
453-10 Statutes), the Medical Practice Act (Article 4495b, Vernon's Texas
453-11 Civil Statutes), and the Texas Rules of Civil Evidence remain
453-12 confidential and privileged;
453-13 (2) personally identifiable health and mental health
453-14 communications and records of persons involved in the receipt or
453-15 delivery of health or human services are confidential and
453-16 privileged; and
453-17 (3) a private source is not required to provide
453-18 confidential health or mental health communications or records
453-19 unless a law specifically requires disclosure. (V.A.C.S. Art.
453-20 4413(32j), Sec. 9(m).)
453-21 Sec. 2054.055. Annual Report. (a) Not later than February
453-22 1 of each year, the board shall review and approve the department's
453-23 annual report on the information resources management activities of
453-24 state government, derived from the annual performance reports
453-25 submitted to the department by state agencies under Section
453-26 2054.111.
453-27 (b) The annual report must:
454-1 (1) assess the progress made toward meeting the goals
454-2 and objectives of the state strategic plan for information
454-3 resources management;
454-4 (2) describe major accomplishments of the state and
454-5 each state agency in information resources management;
454-6 (3) describe the existing major data bases and
454-7 applications in each agency;
454-8 (4) describe all existing interagency computer
454-9 networks;
454-10 (5) provide a summary of the total expenditures for
454-11 information resources and information resources technologies by
454-12 each agency and the state;
454-13 (6) provide an inventory list, by major categories, of
454-14 the state's information resources technologies; and
454-15 (7) identify and make recommendations regarding
454-16 opportunities for multiagency information resources management
454-17 activities.
454-18 (c) The department shall submit to the governor and to the
454-19 Legislative Budget Board the approved annual report.
454-20 (d) The department may make interim reports that it
454-21 considers necessary. (V.A.C.S. Art. 4413(32j), Sec. 13.)
454-22 Sec. 2054.056. COMPUTER SERVICE FACILITY. (a) The
454-23 department shall operate a self-supporting computer service
454-24 facility and provide computer services to state agencies that
454-25 choose to subscribe to the service.
454-26 (b) Services provided under this section may include:
454-27 (1) automation feasibility studies;
455-1 (2) systems analysis and design;
455-2 (3) program development and maintenance;
455-3 (4) computer operation;
455-4 (5) remote device installation and services;
455-5 (6) management of data processing facilities;
455-6 (7) consulting services;
455-7 (8) training;
455-8 (9) technology evaluation;
455-9 (10) installation and maintenance of interagency
455-10 networks;
455-11 (11) operation of a disaster recovery site to prevent
455-12 loss of information; and
455-13 (12) other related services. (V.A.C.S. Art.
455-14 4413(32j), Secs. 9(k); 21(b).)
455-15 Sec. 2054.057. Payment and Accounting For Services. (a)
455-16 The department shall develop a billing rate plan that makes the
455-17 department's provision of services under Section 2054.056
455-18 self-supporting. The plan must coincide with the two-year state
455-19 budgeting cycle.
455-20 (b) The department shall establish separate cost centers for
455-21 different functions or groups of functions. The billing rate plan
455-22 must show the proposed rates for the use of each cost center and
455-23 apply the same rate structure to all state agencies using a given
455-24 cost center. (V.A.C.S. Art. 4413(32j), Secs. 22(a), (b).)
455-25 Sec. 2054.058. CUSTOMER OVERSIGHT COMMITTEE. (a) The
455-26 department shall establish a customer oversight committee composed
455-27 of chosen representatives of state agencies that use the
456-1 department's computer services provided under Section 2054.056.
456-2 (b) The department and committee must mutually determine the
456-3 components of the rate structure under Section 2054.057.
456-4 (c) The committee shall review and comment on the billing
456-5 rate plan under Section 2054.057 at least once each fiscal year.
456-6 (V.A.C.S. Art. 4413(32j), Sec. 22(c).)
456-7 Sec. 2054.059. TELECOMMUNICATIONS PLANNING AND POLICY. (a)
456-8 The department shall establish plans and policies for a system of
456-9 telecommunications services to be managed and operated by the
456-10 General Services Commission.
456-11 (b) The department, comptroller, and General Services
456-12 Commission shall develop a statewide telecommunications operating
456-13 plan for all state agencies. The plan shall implement a statewide
456-14 network and include technical specifications that are binding on
456-15 the managing and operating agency.
456-16 (c) The department shall adopt appropriate policies and
456-17 standards that govern the cost-effective and efficient management,
456-18 operation, and use of state telecommunications services and shall
456-19 distribute those policies and standards to all state agencies.
456-20 (d) Each state agency shall comply with the rules, policies,
456-21 standards, and guidelines adopted under this section.
456-22 (e) The department shall coordinate its duties in this
456-23 section on matters relating to statewide telecommunications issues
456-24 with:
456-25 (1) the comptroller to achieve the goal of a single
456-26 centralized telecommunications network; and
456-27 (2) other state agencies as appropriate. (V.A.C.S.
457-1 Art. 4413(32j), Sec. 9A.)
457-2 (Sections 2054.060-2054.070 reserved for expansion)
457-3 SUBCHAPTER D. INFORMATION RESOURCES MANAGERS
457-4 Sec. 2054.071. Identity of Manager. The individual required
457-5 to sign a state agency's strategic plan under Subchapter E, or that
457-6 individual's designated representative, shall serve as the agency's
457-7 information resources manager. (V.A.C.S. Art. 4413(32j),
457-8 Sec. 19(a) (part).)
457-9 Sec. 2054.072. CONFLICT OF INTEREST. A member of the board
457-10 may not serve as the information resources manager of a state
457-11 agency. (V.A.C.S. Art. 4413(32j), Sec. 19(a) (part).)
457-12 Sec. 2054.073. DESIGNATION OF DEPARTMENT. (a) If the
457-13 department performs substantially all information processing for a
457-14 state agency, the agency may designate the department as the
457-15 agency's information resources manager.
457-16 (b) The department by rule may define the circumstances in
457-17 which it may serve as a state agency's information resources
457-18 manager. (V.A.C.S. Art. 4413(32j), Sec. 19(b).)
457-19 Sec. 2054.074. RESPONSIBILITY OF INFORMATION RESOURCES
457-20 MANAGER. The information resources manager shall prepare the
457-21 operating plans under Subchapter E and the annual performance
457-22 report under Section 2054.111. (V.A.C.S. Art. 4413(32j),
457-23 Sec. 19(e).)
457-24 Sec. 2054.075. COOPERATION WITH INFORMATION RESOURCES
457-25 MANAGER. Each state agency shall cooperate as necessary with its
457-26 information resources manager to enable that individual to perform
457-27 the manager's duties. (V.A.C.S. Art. 4413(32j), Sec. 19(c).)
458-1 Sec. 2054.076. CONTINUING EDUCATION. (a) The department
458-2 shall provide guidelines to state agencies regarding the initial
458-3 and continuing education requirements needed for information
458-4 resources managers.
458-5 (b) An individual who is appointed the information resources
458-6 manager of a state agency before September 1, 1992, is exempt from
458-7 the requirements of the department regarding initial education
458-8 needed for that position.
458-9 (c) The department may provide educational materials and
458-10 seminars for state agencies and information resources managers.
458-11 (V.A.C.S. Art. 4413(32j), Sec. 19(d).)
458-12 (Sections 2054.077-2054.090 reserved for expansion)
458-13 SUBCHAPTER E. STRATEGIC AND OPERATING PLANS
458-14 Sec. 2054.091. Preparation of State Strategic Plan. (a)
458-15 The executive director shall prepare a state strategic plan for
458-16 information resources management for the board's review and
458-17 approval.
458-18 (b) In preparing the state strategic plan, the executive
458-19 director shall assess and report on:
458-20 (1) practices of state agencies regarding information
458-21 resources management, including interagency and interbranch
458-22 communication and interagency resource sharing;
458-23 (2) current and future information resources
458-24 management technologies and practices and their potential
458-25 application to state government; and
458-26 (3) any issue the department determines is relevant to
458-27 the development of the state strategic plan.
459-1 (c) Each state agency shall cooperate with the executive
459-2 director in providing information that will enable the executive
459-3 director to assess agency practices.
459-4 (d) The executive director shall appoint an advisory
459-5 committee to assist in the preparation of the state strategic plan.
459-6 The members of the advisory committee must be approved by the board
459-7 and must include officers or employees of state government.
459-8 (e) The executive director shall consult the General
459-9 Services Commission or its successor in function on the direction
459-10 of developments in the telecommunications field. The commission
459-11 shall give the executive director the assistance that the executive
459-12 director requests in preparing the state strategic plan. (V.A.C.S.
459-13 Art. 4413(32j), Secs. 12(a) (part), (b)-(d).)
459-14 Sec. 2054.092. CONTENT OF STATE STRATEGIC PLAN. The state
459-15 strategic plan must:
459-16 (1) provide a strategic direction for information
459-17 resources management in state government for the five fiscal years
459-18 following adoption of the plan;
459-19 (2) provide guidance to state agencies in the
459-20 development of the agency strategic plans;
459-21 (3) establish goals and objectives relating to
459-22 information resources management;
459-23 (4) provide long-range policy guidelines for
459-24 information resources in state government, including the
459-25 implementation of national and international standards for
459-26 information resources technologies;
459-27 (5) identify major issues relating to improved
460-1 information resources management, including the identification of
460-2 needed procurement policy initiatives to encourage competition
460-3 between providers of information resources technologies; and
460-4 (6) identify priorities for the implementation of
460-5 information resources technologies according to the relative
460-6 economic and social impact on the state. (V.A.C.S. Art. 4413(32j),
460-7 Sec. 12(a) (part).)
460-8 Sec. 2054.093. AMENDMENT OF STATE STRATEGIC PLAN. (a)
460-9 After approval and adoption of the state strategic plan by the
460-10 board, the board may amend the plan at any time in response to
460-11 technological advancements, changes in legislation, practical
460-12 experience, or new issues relating to information resources
460-13 management.
460-14 (b) The board shall adopt a revised plan not later than
460-15 November 1 of each odd-numbered year. (V.A.C.S. Art. 4413(32j),
460-16 Sec. 12(e).)
460-17 Sec. 2054.094. SUBMISSION OF STATE STRATEGIC PLAN. The
460-18 board shall send the state strategic plan and each amended or
460-19 revised plan to the governor and to the Legislative Budget Board.
460-20 (V.A.C.S. Art. 4413(32j), Sec. 12(f).)
460-21 Sec. 2054.095. PREPARATION OF AGENCY STRATEGIC PLAN. (a)
460-22 Each state agency shall prepare an agency strategic plan for
460-23 information resources management.
460-24 (b) The agency strategic plan must be signed by the
460-25 presiding officer of the governing body of the state agency if the
460-26 agency is governed by one or more fully paid full-time state
460-27 officials, and otherwise by the executive director of the agency.
461-1 (c) The agency strategic plan shall be prepared in a format
461-2 prescribed by the department.
461-3 (d) The department by rule shall adopt instructions,
461-4 consistent with Section 2054.096, that guide state agencies in the
461-5 preparation of their agency strategic plans. The instructions must
461-6 include the general criteria under which the department will
461-7 evaluate the plan. The department shall send the instructions to
461-8 each state agency not later than February 1 of each even-numbered
461-9 year. (V.A.C.S. Art. 4413(32j), Secs. 14(a) (part), (b).)
461-10 Sec. 2054.096. CONTENT OF AGENCY STRATEGIC PLAN. Each
461-11 agency strategic plan must be consistent with the state strategic
461-12 plan and include:
461-13 (1) a statement of the state agency's goals,
461-14 objectives, and programs as found in the agency's legislative
461-15 appropriations request;
461-16 (2) a description of the agency's major data bases and
461-17 their applications;
461-18 (3) a description of the agency's information
461-19 resources management organizations, policies, and practices;
461-20 (4) a description of interagency computer networks in
461-21 which the agency participates;
461-22 (5) a statement of the strategic objectives of the
461-23 agency relating to information resources management for the next
461-24 five fiscal years, beginning with the fiscal year during which the
461-25 plan is submitted, with a description of how those objectives help
461-26 achieve the agency's programs and goals, and a description of how
461-27 those objectives support and promote the goals and policies of the
462-1 state strategic plan; and
462-2 (6) other planning components that the department may
462-3 prescribe. (V.A.C.S. Art. 4413(32j), Sec. 14(c).)
462-4 Sec. 2054.097. REVIEW OF AGENCY STRATEGIC PLAN. (a) A
462-5 state agency shall send its strategic plan to the department for
462-6 review and approval not later than January 1 of each odd-numbered
462-7 year.
462-8 (b) The department shall review and approve or disapprove
462-9 each agency strategic plan not later than April 15 of each
462-10 odd-numbered year.
462-11 (c) The department shall notify a state agency of plan
462-12 approval in writing.
462-13 (d) The department may not disapprove an agency strategic
462-14 plan or plan amendment on the ground that some aspect of the plan
462-15 is not best suited to the state agency's execution of its own duty,
462-16 but the department may make a finding to that effect and report
462-17 that finding to the agency, the governor, the state auditor, the
462-18 Legislative Budget Board, and the presiding officer of each house
462-19 of the legislature. This subsection does not affect the powers of
462-20 the governor, the Legislative Budget Board, or any other entity
462-21 under other law. (V.A.C.S. Art. 4413(32j), Secs. 14(a) (part), (d)
462-22 (part), (g).)
462-23 Sec. 2054.098. APPROVAL OR DISAPPROVAL OF AGENCY STRATEGIC
462-24 PLAN. (a) If a plan is disapproved, the department shall provide
462-25 to the state agency in writing notice of and the reasons for
462-26 disapproval and the changes that are necessary for the plan's
462-27 approval.
463-1 (b) If a state agency cannot resolve the problems that
463-2 caused disapproval of a plan within 30 days after the date that the
463-3 notice of disapproval is received, the information resources
463-4 manager of the agency shall provide to the department in writing
463-5 not later than the 30th day after the date that the notice of
463-6 disapproval is received the reasons why the problems cannot be
463-7 timely resolved.
463-8 (c) An approved agency strategic plan shall be amended by a
463-9 state agency to reflect any significant changes being proposed by
463-10 the agency that relate to information resources. A plan amendment
463-11 shall be submitted to the department for approval. The department
463-12 shall notify an agency in writing of approval or disapproval of the
463-13 amendment within 30 days after the date the amendment is received.
463-14 If a plan amendment is disapproved, the department shall provide to
463-15 the individual responsible for signing the agency's plan the
463-16 reasons for disapproval in writing.
463-17 (d) A state agency that disagrees with the department's
463-18 final disapproval of an agency strategic plan or amendment to the
463-19 plan may, after complying with Subsections (b) and (c), submit a
463-20 written request to the executive director for special review. On
463-21 receipt of a request, the executive director shall inform the
463-22 board. The board shall consider the merits of the agency's
463-23 position and make its decision on the matter at the next regularly
463-24 scheduled board meeting. The state agency may appear and present
463-25 its position at that meeting. The decision of the board is final.
463-26 (V.A.C.S. Art. 4413(32j), Secs. 14(d) (part), (e), (f).)
463-27 Sec. 2054.099. INITIAL OPERATING PLAN OF STATE AGENCY. (a)
464-1 Once each biennium, each state agency's information resources
464-2 manager shall prepare an initial operating plan.
464-3 (b) A state agency is not required to identify specific
464-4 acquisitions or the method of acquisition in the initial operating
464-5 plan.
464-6 (c) An initial operating plan must be approved by the
464-7 governing body of the state agency and submitted to the department
464-8 for approval not later than the date that the agency is required to
464-9 submit its first legislative appropriations request.
464-10 (d) An initial operating plan must, for each request under
464-11 each Legislative Budget Board assumption:
464-12 (1) state how the state agency's requested
464-13 appropriations for the management, operation, and procurement of
464-14 information resources would be spent;
464-15 (2) contain a summary of the agency's needs for
464-16 information resources technologies and the estimated cost of
464-17 meeting those needs during the next biennium;
464-18 (3) list the existing and proposed projects for the
464-19 agency during the next biennium, including:
464-20 (A) the anticipated measurable benefits of those
464-21 projects and the measurement standards used to determine those
464-22 benefits;
464-23 (B) the major resources required to conduct the
464-24 projects;
464-25 (C) the agency's estimated total cost of each
464-26 project by legislative program as found in the agency's legislative
464-27 appropriations request;
465-1 (D) the cost and implementation schedule for
465-2 each stage of each project;
465-3 (E) the number, type, approximate cost,
465-4 schedule, and, if known, the planned method of acquisition for all
465-5 procurements associated with each project that are subject to
465-6 review under department rules; and
465-7 (F) the estimated internal development costs for
465-8 each project, including an allocation of costs for the use of fixed
465-9 assets and an allocation for administrative costs;
465-10 (4) provide an estimate, given the estimated work
465-11 load, of the percentage of existing and proposed information
465-12 resources technologies that will be required after all existing and
465-13 proposed projects are implemented; and
465-14 (5) provide any other information that the department
465-15 considers necessary. (V.A.C.S. Art. 4413(32j), Sec. 15.)
465-16 Sec. 2054.100. FINAL OPERATING PLAN OF STATE AGENCY. (a)
465-17 Each state agency shall submit a final operating plan to the
465-18 department not later than the earliest of the following dates of
465-19 each odd-numbered year:
465-20 (1) September 1;
465-21 (2) the 60th day after the date the General
465-22 Appropriations Act becomes law if it becomes law on or before July
465-23 31 of that year; or
465-24 (3) the 30th day after the date the General
465-25 Appropriations Act becomes law if it becomes law after July 31 of
465-26 that year.
465-27 (b) At a minimum, the plan must include, in addition to the
466-1 information required in the initial operating plan, the following:
466-2 (1) the amount of money related to information
466-3 resources actually appropriated to the state agency for the
466-4 biennium beginning September 1; and
466-5 (2) an identification of changes, if any, in the
466-6 agency's priorities for projects and associated procurements stated
466-7 in the initial operating plan.
466-8 (c) The department may consult the comptroller to verify a
466-9 state agency's approved funds.
466-10 (d) A state agency shall amend its final operating plan when
466-11 necessary to:
466-12 (1) reflect changes in the plan during a biennium; or
466-13 (2) show the impact of a consulting services contract
466-14 or report that may affect software development, hardware
466-15 configuration, or changes in the agency's management of information
466-16 resources.
466-17 (e) The substance of any amendment submitted to a final
466-18 operating plan must also be included in an appropriate approved
466-19 agency strategic plan or approved agency strategic plan amendment.
466-20 (V.A.C.S. Art. 4413(32j), Sec. 16.)
466-21 Sec. 2054.101. INSTRUCTIONS FOR PREPARING OPERATING PLANS.
466-22 (a) The department by rule shall adopt instructions to guide state
466-23 agencies in their preparation of initial operating plans and final
466-24 operating plans.
466-25 (b) The instructions must:
466-26 (1) specify the format of the plans;
466-27 (2) require the submission of the information required
467-1 by this chapter; and
467-2 (3) list the general criteria that the department will
467-3 use to evaluate the plans. (V.A.C.S. Art. 4413(32j), Sec. 17(a).)
467-4 Sec. 2054.102. APPROVAL OR DISAPPROVAL OF OPERATING PLANS.
467-5 (a) The department shall notify a state agency in writing of the
467-6 department's approval or disapproval of an initial operating plan.
467-7 The notification shall be sent not later than the 120th day after
467-8 the date the department receives the plan.
467-9 (b) The department shall notify a state agency in writing of
467-10 the department's approval or disapproval of a final operating plan.
467-11 The notification shall be sent not later than the 30th day after
467-12 the date the department receives the plan. If the department's
467-13 determination is due after September 1 of an odd-numbered year, a
467-14 state agency may operate as if the plan had been approved until the
467-15 department actually makes its determination.
467-16 (c) If the department disapproves a state agency's initial
467-17 operating plan or final operating plan, the department shall
467-18 provide to the agency in writing the reasons for the disapproval.
467-19 If the agency cannot resolve the problems that caused disapproval
467-20 within 30 days after the date the notice of disapproval is
467-21 received, the agency shall notify the department in writing of the
467-22 reasons why the problems cannot be resolved. The notification
467-23 shall be sent to the department not later than the 30th day after
467-24 the date the agency receives notice of the department's
467-25 disapproval.
467-26 (d) Before a state agency may amend its final operating
467-27 plan, the agency must submit the proposed amendment to the
468-1 department for approval. All amendments affecting operations
468-2 during a fiscal year must be submitted not later than June 1 of
468-3 that fiscal year. The department shall notify the agency of the
468-4 department's approval or disapproval not later than the 30th day
468-5 after the date the proposed amendment is received. If the
468-6 department disapproves a proposed amendment, the department shall
468-7 state the reasons for the disapproval in writing to the agency's
468-8 information resources manager. The department shall adopt rules
468-9 for the procedures a state agency must follow when submitting a
468-10 revision of proposed amendments to the department after the
468-11 department has disapproved the amendments.
468-12 (e) The department may not approve a state agency's initial
468-13 operating plan or final operating plan unless the agency has
468-14 submitted and the department has approved a current agency
468-15 strategic plan.
468-16 (f) A state agency that disagrees with the department's
468-17 disapproval of an initial operating plan, final operating plan, or
468-18 an amendment to either of those plans may submit a written request
468-19 to the department for special review. On receipt of a request, the
468-20 executive director shall inform the board. The board shall
468-21 consider the merits of the agency's position and make its decision
468-22 on the matter at the next regularly scheduled board meeting. The
468-23 state agency may appear and present its position at that meeting.
468-24 The decision of the board is final. The board shall adopt rules
468-25 for the fair and efficient administration of this subsection.
468-26 (V.A.C.S. Art. 4413(32j), Secs. 17(b)-(g).)
468-27 Sec. 2054.103. SUBMISSION OF OPERATING PLANS AND CERTAIN
469-1 PROCUREMENT INFORMATION. (a) Each state agency shall send a copy
469-2 of its final operating plan, as approved by the department, to the
469-3 governor, the Legislative Budget Board, and the state auditor not
469-4 later than the 30th day after the date the department approves the
469-5 plan.
469-6 (b) As a consequence of evaluating an initial operating plan
469-7 or a final operating plan, the department may require a state
469-8 agency to submit or obtain certain information as part of its
469-9 procurement process when:
469-10 (1) an agency is planning a noncompetitive
469-11 procurement;
469-12 (2) an agency is planning a system conversion; or
469-13 (3) the department determines that the information
469-14 would be necessary or appropriate. (V.A.C.S. Art. 4413(32j), Secs.
469-15 17(h) (part), (i).)
469-16 Sec. 2054.104. DENIAL OF ACCESS TO APPROPRIATIONS ON FAILURE
469-17 TO SUBMIT OPERATING PLAN AND CERTAIN PROCUREMENT INFORMATION. (a)
469-18 If a state agency fails to comply with Section 2054.103, the
469-19 governor may direct the comptroller to deny the agency access to
469-20 the agency's appropriations that relate to the management of
469-21 information resources.
469-22 (b) The denial of access may continue until the governor is
469-23 satisfied with the state agency's compliance with this section.
469-24 (V.A.C.S. Art. 4413(32j), Sec. 17(h) (part).)
469-25 (Sections 2054.105-2054.110 reserved for expansion)
469-26 SUBCHAPTER F. OTHER POWERS AND DUTIES OF STATE AGENCIES
469-27 Sec. 2054.111. ANNUAL PERFORMANCE REPORT. (a) Each state
470-1 agency's information resources manager shall prepare an annual
470-2 performance report.
470-3 (b) The department by rule shall prescribe the format for
470-4 the annual performance report.
470-5 (c) Each state agency shall provide a copy of its annual
470-6 performance report to the department for review and analysis not
470-7 later than November 1 of each year. (V.A.C.S. Art. 4413(32j),
470-8 Secs. 20(a), (b), (d) (part).)
470-9 Sec. 2054.112. CONTENTS OF ANNUAL PERFORMANCE REPORT. The
470-10 annual performance report must contain:
470-11 (1) a description of the state agency's management of
470-12 information resources in the preceding fiscal year;
470-13 (2) an assessment, by application, of the progress
470-14 made toward implementing the agency strategic plan under Subchapter
470-15 E;
470-16 (3) an assessment of the progress made toward
470-17 implementing the agency's final operating plan under Subchapter E,
470-18 which notes and explains any major differences between that plan
470-19 and actual accomplishments;
470-20 (4) a summary, by project, of the major functional
470-21 uses of information resources by the agency;
470-22 (5) a summary, by project, of the total estimated
470-23 expenditures for information resources management and use by the
470-24 agency, including allocated administrative costs;
470-25 (6) a comparison of the agency's expenditures for
470-26 information resources in the preceding fiscal year with the
470-27 appropriations for those resources in the agency's approved budget,
471-1 which notes and justifies differences between the two;
471-2 (7) an inventory, by major category as defined by rule
471-3 of the department, of the agency's information resources
471-4 technologies, which specifically identifies the resources acquired
471-5 during the preceding fiscal year; and
471-6 (8) an assessment of opportunities for participation
471-7 with other state agencies in the use and management of information
471-8 resources. (V.A.C.S. Art. 4413(32j), Sec. 20(c).)
471-9 Sec. 2054.113. DENIAL OF ACCESS TO APPROPRIATIONS. (a) If
471-10 a state agency fails to comply with the date its annual performance
471-11 report is due under Section 2054.111 without good cause, the
471-12 department may request the comptroller to deny the agency access to
471-13 the agency's appropriations that relate to the management of
471-14 information resources.
471-15 (b) If the comptroller denies access, the denial of access
471-16 may continue until the department is satisfied with the state
471-17 agency's compliance with this subsection. (V.A.C.S. Art.
471-18 4413(32j), Sec. 20(d) (part).)
471-19 Sec. 2054.114. ACQUISITION SPECIFICATIONS. (a) A state
471-20 agency may not acquire information resources technologies unless
471-21 the agency first submits the specifications for the proposed
471-22 acquisition to the department. If the agency determines that the
471-23 acquisition may be obtained from only one source, the agency shall
471-24 state the reasons for that determination.
471-25 (b) The department shall determine whether the
471-26 specifications of the proposed acquisition are consistent with the
471-27 appropriate final operating plan and plan amendments under
472-1 Subchapter E.
472-2 (c) If the department finds that the acquisition of
472-3 information resources technologies described by the specifications
472-4 would be inconsistent with the appropriate plan and plan
472-5 amendments, the department shall notify the state agency and, for
472-6 acquisitions made through the General Services Commission, the
472-7 commission in writing of the finding and of the specific reasons
472-8 for the finding. The acquisition may not be made unless the
472-9 department overturns its finding.
472-10 (d) If the department finds that the proposed acquisition is
472-11 consistent with the appropriate plan and plan amendments, or if the
472-12 department does not issue the notification of its finding of
472-13 inconsistency on or before the 30th day after the date the
472-14 department receives the specifications for the proposed
472-15 acquisition, the acquisition may be made.
472-16 (e) The department by rule may establish procedures to
472-17 exempt certain procurements from the requirements of this section
472-18 and to expedite the requirements of this section for certain
472-19 procurements. The exempted procurements shall include technologies
472-20 that are acquired through contracts and grants by an institution of
472-21 higher education as defined by Section 61.003, Education Code, for
472-22 instruction or research purposes. (V.A.C.S. Art. 4413(32j), Secs.
472-23 18(a)-(d).)
472-24 Sec. 2054.115. SALE OR LEASE OF SOFTWARE. (a) A state
472-25 agency that develops automated information systems software may
472-26 enter a contract with an individual or company for the sale, lease,
472-27 marketing, or other distribution of the software.
473-1 (b) The state agency shall obtain under the contract a
473-2 royalty, license right, or other appropriate means of securing
473-3 appropriate compensation for the development of the software.
473-4 (c) Money received under the contract shall be deposited to
473-5 the credit of the fund for which the development of the software
473-6 was financed.
473-7 (d) To the extent of a conflict between this section and
473-8 another provision of state law relating to automated information
473-9 systems software, the other provision prevails. (V.A.C.S.
473-10 Art. 4413(32j), Sec. 23.)
473-11 Sec. 2054.116. COMPUTER SERVICES CONTRACTS. (a) A state
473-12 agency that uses the department's computer services or computer
473-13 services facility under Section 2054.056 must do so under contract
473-14 with the department.
473-15 (b) A contract under this section is not subject to Chapter
473-16 771 and is binding on the parties for the length of the contract.
473-17 (c) A contract may not be canceled before the end of a state
473-18 fiscal biennium, unless the cancellation is approved by the
473-19 department after having received at least 90 days' notice of the
473-20 proposed cancellation.
473-21 (d) A state agency may contract with persons outside of
473-22 government to obtain a service listed by Section 2054.056 if that
473-23 would lower costs to the state and if the contract complies with
473-24 this chapter. (V.A.C.S. Art. 4413(32j), Secs. 21(a), (c).)
473-25 Sec. 2054.117. ELECTRONIC DATA PROCESSING CENTER. (a) Each
473-26 state agency, if practicable, shall use the electronic data
473-27 processing center operated by the comptroller in performing any of
474-1 the agency's accounting and data processing activities that can be
474-2 practically adapted to the use of the center's equipment.
474-3 (b) The comptroller shall permit the use of the center's
474-4 equipment by state agencies with or without charge under rules that
474-5 ensure the proper use of the equipment for the efficient and
474-6 economical management of state government. (V.A.C.S.
474-7 Art. 6252-12.)
474-8 CHAPTER 2055. FACULTY INFORMATION AND RESEARCH SERVICE FOR
474-9 TEXAS COMMITTEE
474-10 SUBCHAPTER A. GENERAL PROVISIONS
474-11 Sec. 2055.001. DEFINITIONS
474-12 Sec. 2055.002. COMPOSITION OF COMMITTEE
474-13 Sec. 2055.003. OFFICERS
474-14 Sec. 2055.004. COMPENSATION AND EXPENSES
474-15 Sec. 2055.005. MEETINGS
474-16 Sec. 2055.006. PERSONNEL; VOLUNTEERS
474-17 (Sections 2055.007-2055.020 reserved for expansion)
474-18 SUBCHAPTER B. POWERS AND DUTIES
474-19 Sec. 2055.021. GENERAL POWERS AND DUTIES
474-20 Sec. 2055.022. GIFT, GRANT, AND CONTRIBUTED SERVICE
474-21 OR FACILITY
474-22 Sec. 2055.023. FUNDING
474-23 CHAPTER 2055. FACULTY INFORMATION AND RESEARCH SERVICE FOR
474-24 TEXAS COMMITTEE
474-25 SUBCHAPTER A. GENERAL PROVISIONS
474-26 Sec. 2055.001. DEFINITIONS. In this chapter:
474-27 (1) "Administrators or faculty" means the
475-1 administrators or faculty of a public or private institution of
475-2 higher education in this state.
475-3 (2) "Committee" means the Faculty Information and
475-4 Research Service for Texas Committee, FIRST Committee.
475-5 (3) "Service" means the Faculty Information and
475-6 Research Service for Texas, Project FIRST. (New.)
475-7 Sec. 2055.002. COMPOSITION OF COMMITTEE. (a) The committee
475-8 is composed of:
475-9 (1) the chairman of the Senate Committee on Natural
475-10 Resources;
475-11 (2) the chairman of the House Committee on
475-12 Environmental Affairs;
475-13 (3) the director of the Legislative Reference Library;
475-14 (4) the president of the Texas Association of College
475-15 Teachers;
475-16 (5) the president of the Texas chapter of the American
475-17 Association of University Professors;
475-18 (6) a representative of the Independent Colleges and
475-19 Universities of Texas, Inc.;
475-20 (7) a representative of the Texas Junior College
475-21 Teachers Association;
475-22 (8) a representative of the Texas Public
475-23 Community/Junior Colleges Association;
475-24 (9) a representative of the Council of Presidents of
475-25 the Public Senior Colleges and Universities of Texas; and
475-26 (10) a representative of the Texas Legislative
475-27 Council.
476-1 (b) A member who holds public office serves as an ex officio
476-2 member. The functions performed by an ex officio member are
476-3 additional functions of the member's public office.
476-4 (c) An organization that is not represented on the committee
476-5 may participate in the service and send a representative to the
476-6 committee if the organization:
476-7 (1) represents the interests of an accredited public
476-8 or private institution of higher education or its administrators or
476-9 faculty; and
476-10 (2) requests and receives permission of the presiding
476-11 officer of the committee.
476-12 (d) A committee member may designate a representative to act
476-13 in the member's place at a meeting of the committee. (V.A.C.S.
476-14 Art. 4413(57), Secs. 2, 4.)
476-15 Sec. 2055.003. OFFICERS. The committee annually shall elect
476-16 from its members a presiding officer and other officers it
476-17 considers necessary. (V.A.C.S. Art. 4413(57), Sec. 3(a).)
476-18 Sec. 2055.004. COMPENSATION AND EXPENSES. (a) A member of
476-19 the committee or a designated representative of a member may not
476-20 receive compensation for service performed for the committee.
476-21 (b) A member of the committee or a designated representative
476-22 of a member may receive reimbursement for actual or necessary
476-23 expenses incurred in performing service for the committee only if
476-24 the reimbursement is provided by an organization represented on the
476-25 committee. (V.A.C.S. Art. 4413(57), Sec. 5.)
476-26 Sec. 2055.005. MEETINGS. The committee shall meet at the
476-27 call of the presiding officer or as provided by committee rule.
477-1 (V.A.C.S. Art. 4413(57), Sec. 3(b).)
477-2 Sec. 2055.006. PERSONNEL; VOLUNTEERS. (a) The committee
477-3 may employ personnel and may use the voluntary assistance of
477-4 administrators or faculty.
477-5 (b) An administrator or faculty member who provides
477-6 information for the service is a volunteer and is not required to
477-7 respond to a request for information from the service. An
477-8 administrator or faculty member may provide requested information
477-9 if the administrator's or faculty member's time permits and the
477-10 administrator or faculty member has expertise related to the
477-11 request. (V.A.C.S. Art. 4413(57), Secs. 6(a), 8(c).)
477-12 (Sections 2055.007-2055.020 reserved for expansion)
477-13 SUBCHAPTER B. POWERS AND DUTIES
477-14 Sec. 2055.021. GENERAL POWERS AND DUTIES. (a) The
477-15 committee shall:
477-16 (1) establish and govern the service;
477-17 (2) make available to a legislative member, committee,
477-18 or agency the expertise of administrators or faculty;
477-19 (3) use the expertise of administrators or faculty to
477-20 provide an answer to a request for information from a legislative
477-21 member, committee, or agency; and
477-22 (4) provide to the governor a service that the
477-23 committee provides to a legislative member, committee, or agency if
477-24 the governor requests the service and the committee approves the
477-25 request.
477-26 (b) The committee may:
477-27 (1) adopt rules necessary for the administration of
478-1 its functions; and
478-2 (2) before using the expertise of administrators or
478-3 faculty, refer a legislative member, committee, or agency to a
478-4 source of information located at an agency or other organization of
478-5 the state to supplement an existing source of information.
478-6 (V.A.C.S. Art. 4413(57), Secs. 1; 8(a), (b); 10.)
478-7 Sec. 2055.022. GIFT, GRANT, AND CONTRIBUTED SERVICE OR
478-8 FACILITY. (a) The committee may accept a gift or grant from any
478-9 source to be used by the committee to administer its functions.
478-10 (b) The committee may use a service or facility contributed
478-11 to the committee by an officer or employee of the legislature.
478-12 (V.A.C.S. Art. 4413(57), Secs. 6(b), 7.)
478-13 Sec. 2055.023. FUNDING. The committee is to be funded by
478-14 appropriations to the committee or to another organization in state
478-15 government designated by the committee as having operational
478-16 control of the service. (V.A.C.S. Art. 4413(57), Sec. 9.)
478-17 CHAPTER 2056. STRATEGIC PLANS OF OPERATION
478-18 Sec. 2056.001. DEFINITION
478-19 Sec. 2056.002. STRATEGIC PLANS
478-20 Sec. 2056.003. FORMS AND INSTRUCTIONS
478-21 Sec. 2056.004. ASSISTANCE FOR AGENCIES
478-22 Sec. 2056.005. INFORMATION PROVIDED TO AGENCIES
478-23 Sec. 2056.006. GOALS
478-24 Sec. 2056.007. ADDITIONAL INFORMATION
478-25 Sec. 2056.008. HEARING
478-26 Sec. 2056.009. STATE PLAN
478-27 Sec. 2056.010. AGENCY CONFORMANCE TO STRATEGIC PLAN
479-1 CHAPTER 2056. STRATEGIC PLANS OF OPERATION
479-2 Sec. 2056.001. DEFINITION. In this chapter, "state agency"
479-3 means an agency, board, commission, or other office of the
479-4 executive branch of state government, other than the office of the
479-5 lieutenant governor. (V.A.C.S. Art. 6252-31, Sec. 1, as added Acts
479-6 72nd Leg., R.S., Ch. 384.)
479-7 Sec. 2056.002. STRATEGIC PLANS. (a) A state agency shall
479-8 make a strategic plan for its operations. Not later than March 1
479-9 of each even-numbered year, the agency shall issue a plan covering
479-10 six years beginning on that date.
479-11 (b) Except as provided by Subsection (c), a plan must
479-12 include:
479-13 (1) a statement of the mission and goals of the state
479-14 agency;
479-15 (2) a description of the indicators developed under
479-16 this chapter and used to measure the output and outcome of the
479-17 agency;
479-18 (3) identification of the groups of people served by
479-19 the agency, including those having service priorities, or other
479-20 service measures established by law, and estimates of changes in
479-21 those groups expected during the term of the plan;
479-22 (4) an analysis of the use of the agency's resources
479-23 to meet the agency's needs, including future needs, and an estimate
479-24 of additional resources that may be necessary to meet future needs;
479-25 (5) an analysis of expected changes in the services
479-26 provided by the agency because of changes in state or federal law;
479-27 (6) a description of the means and strategies for
480-1 meeting the agency's needs, including future needs, and achieving
480-2 the goals established under Section 2056.006 for each area of state
480-3 government for which the agency provides services; and
480-4 (7) other information that may be required.
480-5 (c) A state agency's plan that does not include an item
480-6 described by Subsection (b) must include the reason the item does
480-7 not apply to the agency.
480-8 (d) A state agency shall send two copies of each plan to the
480-9 Legislative Reference Library and one copy each to:
480-10 (1) the governor;
480-11 (2) the lieutenant governor;
480-12 (3) the speaker of the house of representatives;
480-13 (4) the Legislative Budget Board;
480-14 (5) the Sunset Advisory Commission;
480-15 (6) the state auditor; and
480-16 (7) the comptroller. (V.A.C.S. Art 6252-31, Secs.
480-17 2(a), (b), (c), as added Acts 72nd Leg., R.S., Ch. 384.)
480-18 Sec. 2056.003. FORMS AND INSTRUCTIONS. The Governor's
480-19 Office of Budget and Planning and the Legislative Budget Board
480-20 shall develop forms and instructions for a state agency to use in
480-21 preparing the agency's strategic plan. (V.A.C.S. Art. 6252-31,
480-22 Sec. 2(d)(1), as added Acts 72nd Leg., R.S., Ch. 384.)
480-23 Sec. 2056.004. ASSISTANCE FOR AGENCIES. The Governor's
480-24 Office of Budget and Planning and the Legislative Budget Board
480-25 shall work with each state agency to determine acceptable measures
480-26 of workload, output, and outcome for use in the agency's plan.
480-27 (V.A.C.S. Art. 6252-31, Sec. 2(d)(2), as added Acts 72nd Leg.,
481-1 R.S., Ch. 384.)
481-2 Sec. 2056.005. INFORMATION PROVIDED TO AGENCIES. (a) Not
481-3 later than September 1 of each odd-numbered year, the comptroller
481-4 shall provide a long-term forecast of the state's economy and
481-5 population to each state agency for use in the agency's strategic
481-6 planning.
481-7 (b) The comptroller, the Governor's Office of Budget and
481-8 Planning, and the Legislative Budget Board jointly shall determine
481-9 the information to be included in the forecast. (V.A.C.S. Art.
481-10 6252-31, Sec. 4, as added Acts 72nd Leg., R.S., Ch. 384.)
481-11 Sec. 2056.006. GOALS. (a) The governor, in cooperation
481-12 with the Legislative Budget Board, shall establish and adopt
481-13 achievement goals for each functional area of state government,
481-14 including:
481-15 (1) education;
481-16 (2) regulation;
481-17 (3) natural resources;
481-18 (4) health;
481-19 (5) human services;
481-20 (6) transportation;
481-21 (7) public safety and corrections;
481-22 (8) general government; and
481-23 (9) state employee benefits.
481-24 (b) Not later than October 1 of each odd-numbered year, the
481-25 governor shall provide to each state agency a statement of the
481-26 goals for each area in which the agency provides services.
481-27 (V.A.C.S. Art. 6252-31, Sec. 3, as added Acts 72nd Leg., R.S.,
482-1 Ch. 384.)
482-2 Sec. 2056.007. ADDITIONAL INFORMATION. After a state agency
482-3 issues its strategic plan, the Governor's Office of Budget and
482-4 Planning and the Legislative Budget Board may request additional
482-5 information relating to the plan from the agency. The agency shall
482-6 provide the information in a timely manner. (V.A.C.S. Art.
482-7 6252-31, Sec. 2(d)(4), as added Acts 72nd Leg., R.S., Ch. 384.)
482-8 Sec. 2056.008. HEARING. The Governor's Office of Budget and
482-9 Planning and the Legislative Budget Board jointly may hold a
482-10 hearing on any matter required by this chapter. (V.A.C.S.
482-11 Art. 6252-31, Sec. 2(d)(5), as added Acts 72nd Leg., R.S.,
482-12 Ch. 384.)
482-13 Sec. 2056.009. STATE PLAN. (a) The Governor's Office of
482-14 Budget and Planning and the Legislative Budget Board jointly shall
482-15 compile a long-range strategic plan for state government using the
482-16 state agency plans issued under Section 2056.002 and information
482-17 obtained under Section 2056.007.
482-18 (b) The state plan shall be sent to the governor, lieutenant
482-19 governor, comptroller, and each member of the legislature not later
482-20 than September 1 of each even-numbered year. (V.A.C.S.
482-21 Art. 6252-31, Secs. 2(d)(3), (6), as added Acts 72nd Leg., R.S.,
482-22 Ch. 384.)
482-23 Sec. 2056.010. AGENCY CONFORMANCE TO STRATEGIC PLAN. The
482-24 comptroller, the Sunset Advisory Commission, the state auditor, the
482-25 Legislative Budget Board, or another agency that conducts
482-26 performance audits of a state agency shall consider in the
482-27 evaluation of an agency the extent to which the agency conforms to
483-1 the agency's strategic plan. (V.A.C.S. Art. 6252-31, Sec. 5, as
483-2 added Acts 72nd Leg., R.S., Ch. 384.)
483-3 CHAPTER 2057. CAPITAL IMPROVEMENT PLAN
483-4 Sec. 2057.001. DEFINITIONS
483-5 Sec. 2057.002. ADOPTION AND SUBMISSION OF PLAN
483-6 Sec. 2057.003. CONTENTS OF PLAN
483-7 Sec. 2057.004. COOPERATION BY STATE AGENCIES
483-8 Sec. 2057.005. ADVISORY COMMITTEE
483-9 CHAPTER 2057. CAPITAL IMPROVEMENT PLAN
483-10 Sec. 2057.001. DEFINITIONS. In this chapter:
483-11 (1) "Board" means the Legislative Budget Board.
483-12 (2) "Bond review board" means the bond review board
483-13 created under Chapter 1078, Acts of the 70th Legislature, Regular
483-14 Session, 1987 (Article 717k-7, Vernon's Texas Civil Statutes).
483-15 (3) "Capital improvement" means any building or
483-16 infrastructure project that will be owned by the state and built
483-17 with direct appropriations or with the proceeds of state-issued
483-18 bonds designed to be repaid with the general revenues of the state.
483-19 The term does not include a building or project financed with bonds
483-20 that, although backed by the full faith and credit of the state,
483-21 are reasonably expected to be paid from other revenue sources and
483-22 that are not expected to require payments of general revenues.
483-23 (4) "Capital improvement plan" means a six-year
483-24 strategic capital improvement plan adopted under this chapter.
483-25 (5) "State agency" means a governmental entity that
483-26 spends money appropriated by the General Appropriations Act.
483-27 (V.A.C.S. Art. 6252-32, Sec. 1; New.)
484-1 Sec. 2057.002. ADOPTION AND SUBMISSION OF PLAN. (a) Not
484-2 later than October 31 of each even-numbered year, the governor and
484-3 the board shall jointly adopt a six-year strategic capital
484-4 improvement plan.
484-5 (b) The governor shall submit the plan to the bond review
484-6 board for review and to the legislature. (V.A.C.S. Art. 6252-32,
484-7 Sec. 2.)
484-8 Sec. 2057.003. CONTENTS OF PLAN. (a) A capital improvement
484-9 plan must include:
484-10 (1) a description of the capital improvement needs of
484-11 state agencies during the six-year period;
484-12 (2) establishment of priorities, if appropriate, for
484-13 those needs;
484-14 (3) an estimate about how those needs may be financed
484-15 during the six-year period;
484-16 (4) recommended debt limits for the six-year period;
484-17 and
484-18 (5) estimates of the effects capital improvements will
484-19 have on operating budgets.
484-20 (b) The board shall develop and periodically revise criteria
484-21 for the inclusion in a capital improvement plan of a proposed
484-22 capital improvement project or of an acquisition or expenditure for
484-23 capital improvements. The board shall obtain the advice and
484-24 recommendations of the bond review board before developing or
484-25 revising the criteria. (V.A.C.S. Art. 6252-32, Sec. 3.)
484-26 Sec. 2057.004. COOPERATION BY STATE AGENCIES. (a) The
484-27 governor and the board shall solicit the advice and recommendations
485-1 of each state agency before adopting a capital improvement plan.
485-2 (b) In formulating a capital improvement plan, the governor
485-3 and the board shall take into account each state agency's strategic
485-4 plan for operations developed under Chapter 2056.
485-5 (c) The governor and the board may require a state agency
485-6 to:
485-7 (1) submit information, reports, plans, and
485-8 documentation;
485-9 (2) answer inquiries; and
485-10 (3) cooperate in the preparation of a plan. (V.A.C.S.
485-11 Art. 6252-32, Sec. 4.)
485-12 Sec. 2057.005. ADVISORY COMMITTEE. (a) The governor and
485-13 the board may establish an advisory committee composed of officers
485-14 and employees of the Department of Information Resources, the
485-15 General Services Commission, the bond review board, and other state
485-16 agencies.
485-17 (b) The committee shall advise the governor and the board on
485-18 the development and content of a capital improvement plan.
485-19 (c) Service on the committee is an additional duty of the
485-20 member's office or employment. (V.A.C.S. Art. 6252-32, Sec. 5.)
485-21 CHAPTER 2058. RECOGNITION OF FEDERAL CENSUS
485-22 Sec. 2058.001. GOVERNMENTAL RECOGNITION OF AND ACTION
485-23 ON FEDERAL CENSUS
485-24 Sec. 2058.002. EXCEPTIONS
485-25 CHAPTER 2058. RECOGNITION OF FEDERAL CENSUS
485-26 Sec. 2058.001. GOVERNMENTAL RECOGNITION OF AND ACTION ON
485-27 FEDERAL CENSUS. (a) A governmental entity may not recognize or
486-1 act on a report or publication, in any form, of a federal census,
486-2 in whole or in part, before September 1 of the year after the
486-3 calendar year during which the census was taken.
486-4 (b) A governmental entity shall recognize and act on a
486-5 published report or count relating to a federal census and released
486-6 by the director of the Bureau of the Census of the United States
486-7 Department of Commerce:
486-8 (1) on September 1 of the year after the calendar year
486-9 during which the federal census was taken if the report or count is
486-10 published on or before that date; or
486-11 (2) on the date of its publication if the report or
486-12 count is published after September 1 of the year after the calendar
486-13 year during which the federal census was taken.
486-14 (c) In this section, "governmental entity" means the state
486-15 or an agency or political subdivision of the state. (V.A.C.S. Art.
486-16 29d, Secs. 1(a) (part), 2.)
486-17 Sec. 2058.002. EXCEPTIONS. (a) The legislature or the
486-18 Legislative Redistricting Board under Article III, Section 28, of
486-19 the Texas Constitution may officially recognize or act on a federal
486-20 census before September 1 of the year after the calendar year
486-21 during which the census was taken.
486-22 (b) A political subdivision governed by a body elected from
486-23 single-member districts may recognize and act on tabulations of
486-24 population of a federal census, for redistricting purposes, on or
486-25 after the date the governor receives a report of the basic
486-26 tabulations of population from the secretary of commerce under 13
486-27 U.S.C. Section 141(c). This subsection does not apply to a
487-1 political subdivision that was not subject to a statute requiring
487-2 certain political subdivisions, classified by population, to elect
487-3 their governing bodies from single-member districts under the
487-4 preceding federal census. (V.A.C.S. Art. 29d, Secs. 1(a) (part),
487-5 (b).)
487-6 (Chapters 2059-2100 reserved for expansion)
487-7 SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT,
487-8 AND PRODUCTIVITY
487-9 CHAPTER 2101. ACCOUNTING PROCEDURES
487-10 SUBCHAPTER A. GENERAL PROVISIONS
487-11 Sec. 2101.001. DEFINITION
487-12 (Sections 2101.002-2101.010 reserved for expansion)
487-13 SUBCHAPTER B. FINANCIAL REPORTING
487-14 Sec. 2101.011. FINANCIAL INFORMATION REQUIRED OF STATE
487-15 AGENCIES ("100-DAY REPORTS")
487-16 Sec. 2101.012. UNIFORM ACCOUNTING AND REPORTING
487-17 PROCEDURES
487-18 Sec. 2101.013. REVIEW OF PROPOSED PROCEDURES
487-19 Sec. 2101.014. DUTIES OF STATE AUDITOR
487-20 (Sections 2101.015-2101.030 reserved for expansion)
487-21 SUBCHAPTER C. UNIFORM STATEWIDE ACCOUNTING
487-22 Sec. 2101.031. UNIFORM STATEWIDE ACCOUNTING PROJECT
487-23 Sec. 2101.032. PROJECT ADVISORY COMMITTEE
487-24 Sec. 2101.033. PROJECT DIRECTOR
487-25 Sec. 2101.034. PROJECT SUPPORT; RECOVERY OF COSTS
487-26 Sec. 2101.035. ADMINISTRATION OF USAS
487-27 Sec. 2101.036. STATE AGENCY INTERNAL ACCOUNTING SYSTEMS
488-1 Sec. 2101.037. STATE AGENCY COOPERATION
488-2 Sec. 2101.038. DUTIES OF STATE AUDITOR
488-3 Sec. 2101.039. CONTRACTS; EXEMPTION
488-4 SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT,
488-5 AND PRODUCTIVITY
488-6 CHAPTER 2101. ACCOUNTING PROCEDURES
488-7 SUBCHAPTER A. GENERAL PROVISIONS
488-8 Sec. 2101.001. DEFINITION. In this chapter, "state agency"
488-9 has the meaning assigned by Section 403.013. (V.A.C.S. Arts.
488-10 4345a(e) (part); 4348e, Sec. 1(4); 4348f, Sec. 2(5).)
488-11 (Sections 2101.002-2101.010 reserved for expansion)
488-12 SUBCHAPTER B. FINANCIAL REPORTING
488-13 Sec. 2101.011. FINANCIAL INFORMATION REQUIRED OF STATE
488-14 AGENCIES ("100-DAY REPORTS"). (a) A state agency shall submit the
488-15 financial information requested by the comptroller, including
488-16 information about state funds held outside the state treasury, to:
488-17 (1) the governor;
488-18 (2) the comptroller;
488-19 (3) the state treasurer;
488-20 (4) the state auditor; and
488-21 (5) the Legislative Budget Board.
488-22 (b) A state agency other than a university system or
488-23 institution of higher education, as defined by Section 61.003,
488-24 Education Code, shall submit the information to the listed
488-25 officials not later than December 9 of each year. A university
488-26 system or institution of higher education shall submit the
488-27 information to the listed officials not later than the following
489-1 January 1.
489-2 (c) A state agency is not required to submit the information
489-3 if the comptroller determines the agency is not a component unit of
489-4 state government for purposes of this subchapter. (V.A.C.S. Arts.
489-5 4345a(b), (e) (part).)
489-6 Sec. 2101.012. UNIFORM ACCOUNTING AND REPORTING PROCEDURES.
489-7 (a) The comptroller shall prescribe uniform accounting and
489-8 financial reporting procedures that each state agency shall use in
489-9 the preparation of the information requested under Section
489-10 2101.011.
489-11 (b) The procedures must:
489-12 (1) comply with generally accepted accounting
489-13 principles as established by the Governmental Accounting Standards
489-14 Board and the American Institute of Certified Public Accountants or
489-15 their successors;
489-16 (2) include the requirements for compliance with the
489-17 federal Single Audit Act of 1984 and Office of Management and
489-18 Budget Circular A-128 and any subsequent changes or amendments that
489-19 will fulfill the audit requirements for a statewide single audit;
489-20 and
489-21 (3) to provide for maximum consistency with the
489-22 national reporting system for higher education, incorporate insofar
489-23 as possible the provisions of the financial accounting and
489-24 reporting manual published by the National Association of College
489-25 and University Business Officers.
489-26 (c) The accounts of the institutions shall be maintained and
489-27 audited in accordance with the approved reporting system.
490-1 (V.A.C.S. Art. 4345a(a).)
490-2 Sec. 2101.013. REVIEW OF PROPOSED PROCEDURES. (a) Before
490-3 adopting or changing the accounting and financial reporting
490-4 procedures, the comptroller shall submit the proposed procedures to
490-5 the state auditor for review and comment.
490-6 (b) In adopting or changing procedures, the comptroller
490-7 shall consider any comments of the state auditor. (V.A.C.S. Art.
490-8 4345a(c).)
490-9 Sec. 2101.014. DUTIES OF STATE AUDITOR. The state auditor
490-10 shall ensure that the accounting and financial reporting procedures
490-11 of each state agency conform to the procedures adopted under this
490-12 subchapter. (V.A.C.S. Art. 4345a(d).)
490-13 (Sections 2101.015-2101.030 reserved for expansion)
490-14 SUBCHAPTER C. UNIFORM STATEWIDE ACCOUNTING
490-15 Sec. 2101.031. UNIFORM STATEWIDE ACCOUNTING PROJECT. (a)
490-16 The uniform statewide accounting project is in the comptroller's
490-17 office.
490-18 (b) The project includes each component of the uniform
490-19 statewide accounting system as designed in accordance with Chapter
490-20 852, Acts of the 70th Legislature, Regular Session, 1987, as
490-21 defined by Section 1, Chapter 781, Acts of the 71st Legislature,
490-22 Regular Session, 1989, and as developed or revised by the project
490-23 advisory committee, including:
490-24 (1) the uniform statewide accounting system (USAS) and
490-25 related subsystems;
490-26 (2) the uniform statewide payroll system (USPS);
490-27 (3) the human resource information system (HRIS);
491-1 (4) the budget execution and monitoring system
491-2 (BEAMS); and
491-3 (5) the statewide telecommunication network system.
491-4 (V.A.C.S. Art. 4348e, Sec. 1(5); Art. 4348f, Secs. 2(6), 3.)
491-5 Sec. 2101.032. PROJECT ADVISORY COMMITTEE. (a) The project
491-6 advisory committee shall review and make recommendations to the
491-7 project director about matters related to the project.
491-8 (b) The committee is composed of:
491-9 (1) the comptroller;
491-10 (2) the governor;
491-11 (3) the lieutenant governor;
491-12 (4) the speaker of the house of representatives;
491-13 (5) the state treasurer;
491-14 (6) the executive director of the Department of
491-15 Information Resources;
491-16 (7) the state auditor; and
491-17 (8) eight appointees of the governor, including:
491-18 (A) an employee of the Legislative Budget Board;
491-19 and
491-20 (B) one individual each with experience in the
491-21 following areas: education, natural resources, criminal justice,
491-22 human services, business regulation, and employee benefits.
491-23 (c) The comptroller is presiding officer of the committee.
491-24 (d) The committee shall meet monthly or at the call of the
491-25 presiding officer.
491-26 (e) The governor, lieutenant governor, speaker of the house
491-27 of representatives, and comptroller may designate another
492-1 individual to serve in the member's place on the committee. The
492-2 designee of the governor must be an employee of the governor's
492-3 office, the designee of the lieutenant governor must be a member of
492-4 the senate, the designee of the speaker must be a member of the
492-5 house of representatives, and the designee of the comptroller must
492-6 be an employee of the comptroller's office.
492-7 (f) A member of the committee is entitled to reimbursement
492-8 for expenses as provided by law. (V.A.C.S. Art. 4348f, Sec. 4.)
492-9 Sec. 2101.033. PROJECT DIRECTOR. (a) The comptroller shall
492-10 appoint a project director to administer the project.
492-11 (b) The project director reports directly to the comptroller
492-12 or chief deputy comptroller.
492-13 (c) To be appointed project director, an individual must be
492-14 qualified by training and experience to perform the duties of the
492-15 position.
492-16 (d) The project director shall:
492-17 (1) administer the project as provided by this
492-18 subchapter;
492-19 (2) employ and remove project staff;
492-20 (3) administer all money entrusted to the project;
492-21 (4) obtain necessary office space, equipment, and
492-22 supplies for the project; and
492-23 (5) contract for goods and services necessary to carry
492-24 out this subchapter. (V.A.C.S. Arts. 4348e, Sec. 3(e) (part);
492-25 4348f, Secs. 5, 6(a).)
492-26 Sec. 2101.034. PROJECT SUPPORT; RECOVERY OF COSTS. (a) The
492-27 comptroller shall provide support services for the project,
493-1 including accounting, purchasing, and personnel services. The cost
493-2 of the services shall be paid from money appropriated to the
493-3 comptroller.
493-4 (b) The comptroller may recover from a state agency the cost
493-5 of implementation or use of any component of the project by the
493-6 agency. (V.A.C.S. Art. 4348f, Sec. 8.)
493-7 Sec. 2101.035. ADMINISTRATION OF USAS. (a) The comptroller
493-8 is responsible for the administration, maintenance, and
493-9 modification of the uniform statewide accounting system and shall
493-10 adopt rules for the effective operation of the system.
493-11 (b) The comptroller shall cooperate and consult with the
493-12 project advisory committee during the implementation of the uniform
493-13 statewide accounting system.
493-14 (c) The comptroller shall implement the uniform statewide
493-15 accounting system in accordance with generally accepted accounting
493-16 principles, including the guidelines of the National Association of
493-17 College and University Business Officers.
493-18 (d) The comptroller shall ensure that the system encompasses
493-19 each state agency. The comptroller may, after consulting with the
493-20 project advisory committee, exclude any state agency from the
493-21 centralized computation function of the statewide payroll component
493-22 of the system. (V.A.C.S. Art. 4348e, Secs. 1(3), 3(b), (d), (g),
493-23 (h).)
493-24 Sec. 2101.036. STATE AGENCY INTERNAL ACCOUNTING SYSTEMS.
493-25 (a) The comptroller by rule may require state agencies to modify,
493-26 delay, or stop the implementation of individual accounting and
493-27 payroll systems so that those systems are compatible with the
494-1 uniform statewide accounting system.
494-2 (b) The comptroller may require a state agency to replace
494-3 its internal accounting and payroll system with project components
494-4 to provide uniformity in internal accounting.
494-5 (c) The expenditure of state funds for the establishment,
494-6 modification, or maintenance of an individual accounting or payroll
494-7 system must be in accordance with any rules regarding the
494-8 development, implementation, or use of the uniform statewide
494-9 accounting system. (V.A.C.S. Arts. 4348e, Sec. 3(c); 4348f, Sec. 7
494-10 (part).)
494-11 Sec. 2101.037. STATE AGENCY COOPERATION. (a) A state
494-12 agency shall make available to the project director all records of
494-13 the agency for purposes of developing and implementing the project.
494-14 (b) To ensure continuous reporting of comprehensive
494-15 financial management information, including information on
494-16 encumbrances and performance and workload measures, the comptroller
494-17 shall require each state agency to report the necessary information
494-18 to the project director on time. The reports of each agency must
494-19 comply with the comptroller's rules and procedures about content
494-20 and frequency. (V.A.C.S. Arts. 4348e, Secs. 1(6), 3(f); 4348f,
494-21 Sec. 7 (part).)
494-22 Sec. 2101.038. DUTIES OF STATE AUDITOR. The state auditor,
494-23 when reviewing the operation of a state agency, shall audit for
494-24 compliance with the uniform statewide accounting system, the
494-25 comptroller's rules, and the Legislative Budget Board's performance
494-26 and workload measures. The state auditor shall notify the project
494-27 advisory committee, the comptroller, the governor, and the
495-1 Legislative Budget Board as soon as practicable when a state agency
495-2 is not in compliance. (V.A.C.S. Art. 4348e, Sec. 4.)
495-3 Sec. 2101.039. CONTRACTS; EXEMPTION. (a) Contracts made
495-4 under this subchapter are not subject to:
495-5 (1) the State Purchasing and General Services Act
495-6 (Article 601b, Vernon's Texas Civil Statutes);
495-7 (2) Chapter 2254; or
495-8 (3) Chapter 2054.
495-9 (b) The project director must submit all proposed contracts
495-10 for professional or consulting services and all proposed purchases
495-11 of computer equipment or software to the project advisory committee
495-12 for review and recommendation before procurement. (V.A.C.S.
495-13 Arts. 4348e, Sec. 3(e) (part); 4348f, Secs. 6(b), (c).)
495-14 CHAPTER 2102. INTERNAL AUDITING
495-15 Sec. 2102.001. SHORT TITLE
495-16 Sec. 2102.002. PURPOSE
495-17 Sec. 2102.003. DEFINITIONS
495-18 Sec. 2102.004. APPLICABILITY
495-19 Sec. 2102.005. INTERNAL AUDITING REQUIRED
495-20 Sec. 2102.006. INTERNAL AUDITOR; STAFF
495-21 Sec. 2102.007. DUTIES OF INTERNAL AUDITOR
495-22 Sec. 2102.008. APPROVAL OF AUDIT PLAN AND AUDIT REPORT
495-23 Sec. 2102.009. ANNUAL REPORT
495-24 Sec. 2102.010. CONSULTATIONS
495-25 Sec. 2102.011. INTERNAL AUDIT STANDARDS
495-26 Sec. 2102.012. PROFESSIONAL DEVELOPMENT
495-27 CHAPTER 2102. INTERNAL AUDITING
496-1 Sec. 2102.001. SHORT TITLE. This chapter may be cited as
496-2 the Texas Internal Auditing Act. (V.A.C.S. Art. 6252-5d, Sec. 1.)
496-3 Sec. 2102.002. PURPOSE. The purpose of this chapter is to
496-4 establish guidelines for a program of internal auditing to assist
496-5 agency administrators by furnishing independent analyses,
496-6 appraisals, and recommendations about the adequacy and
496-7 effectiveness of a state agency's systems of internal control
496-8 policies and procedures and the quality of performance in carrying
496-9 out assigned responsibilities. (V.A.C.S. Art. 6252-5d, Sec. 2.)
496-10 Sec. 2102.003. DEFINITIONS. In this chapter:
496-11 (1) "Administrator" means the executive head of a
496-12 state agency.
496-13 (2) "Audit" means:
496-14 (A) a financial audit described by Section
496-15 321.0131;
496-16 (B) a compliance audit described by Section
496-17 321.0132;
496-18 (C) an economy and efficiency audit described by
496-19 Section 321.0133;
496-20 (D) an effectiveness audit described by Section
496-21 321.0134; or
496-22 (E) an investigation described by Section
496-23 321.0136.
496-24 (3) "State agency" includes a department, board,
496-25 bureau, institution, commission, or other agency of the state.
496-26 (V.A.C.S. Art. 6252-5d, Sec. 3 (part).)
496-27 Sec. 2102.004. APPLICABILITY. This chapter applies only to
497-1 a state agency that:
497-2 (1) has an operating budget exceeding $10 million
497-3 annually;
497-4 (2) has a staff of more than 300 employees; or
497-5 (3) receives and processes cash items in excess of $10
497-6 million annually. (V.A.C.S. Art. 6252-5d, Sec. 3 (part).)
497-7 Sec. 2102.005. INTERNAL AUDITING REQUIRED. A state agency
497-8 shall conduct a full-time program of internal auditing that
497-9 includes:
497-10 (1) an annual audit plan that is prepared using risk
497-11 assessment techniques and that identifies the individual audits to
497-12 be conducted during the year; and
497-13 (2) periodic audits of the agency's major systems and
497-14 controls, including:
497-15 (A) accounting systems and controls;
497-16 (B) administrative systems and controls; and
497-17 (C) electronic data processing systems and
497-18 controls. (V.A.C.S. Art. 6252-5d, Sec. 4.)
497-19 Sec. 2102.006. INTERNAL AUDITOR; STAFF. (a) The governing
497-20 board of a state agency or its designee, or the administrator of a
497-21 state agency without a governing board, shall appoint an internal
497-22 auditor.
497-23 (b) An internal auditor must:
497-24 (1) be a certified public accountant or a certified
497-25 internal auditor; and
497-26 (2) have at least three years of auditing experience.
497-27 (c) The state agency shall employ additional professional
498-1 and support staff the administrator determines necessary to
498-2 implement an effective program of internal auditing. (V.A.C.S.
498-3 Art. 6252-5d, Sec. 5.)
498-4 Sec. 2102.007. DUTIES OF INTERNAL AUDITOR. (a) The
498-5 internal auditor shall:
498-6 (1) report directly to the state agency's governing
498-7 board;
498-8 (2) develop an annual audit plan;
498-9 (3) conduct audits as specified in the audit plan and
498-10 document deviations;
498-11 (4) prepare audit reports;
498-12 (5) conduct quality assurance reviews in accordance
498-13 with professional standards and periodically take part in a
498-14 comprehensive external peer review; and
498-15 (6) conduct economy and efficiency audits and program
498-16 results audits as directed by the state agency's governing board.
498-17 (b) The program of internal auditing conducted by a state
498-18 agency must provide for the auditor to:
498-19 (1) have access to the administrator; and
498-20 (2) be free of all operational and management
498-21 responsibilities that would impair the auditor's ability to review
498-22 independently all aspects of the state agency's operation.
498-23 (V.A.C.S. Art. 6252-5d, Sec. 6 (part).)
498-24 Sec. 2102.008. APPROVAL OF AUDIT PLAN AND AUDIT REPORT. The
498-25 annual audit plan developed by the internal auditor must be
498-26 approved by the state agency's governing board or its designee, or
498-27 by the administrator of a state agency without a governing board.
499-1 Audit reports must be reviewed by the state agency's governing
499-2 board and the administrator. (V.A.C.S. Art. 6252-5d, Sec. 6
499-3 (part).)
499-4 Sec. 2102.009. ANNUAL REPORT. (a) The internal auditor
499-5 shall prepare an annual report and submit the report before
499-6 November 1 of each year to the governor, the Legislative Budget
499-7 Board, the Sunset Advisory Commission, the state auditor, the state
499-8 agency's governing board, and the administrator.
499-9 (b) The report must contain:
499-10 (1) a copy of the annual audit plan;
499-11 (2) a list of audits completed;
499-12 (3) an explanation of any deviation from the approved
499-13 annual audit plan;
499-14 (4) a narrative description of the most significant
499-15 findings and recommendations for each audit;
499-16 (5) a narrative description of the management actions
499-17 taken in response to the audit findings and recommendations;
499-18 (6) a table listing the auditor's audit
499-19 recommendations and the five-year fiscal impact for each
499-20 recommendation;
499-21 (7) a table of the audit recommendations from the
499-22 previous fiscal year's report and an explanation of the status of
499-23 each recommendation; and
499-24 (8) a statement of the last date on which an external
499-25 peer review of the agency's internal audit program was conducted.
499-26 (c) Each audit recommendation must show whether:
499-27 (1) the recommendation has been implemented;
500-1 (2) the recommendation is in the process of
500-2 implementation;
500-3 (3) action on implementation of the recommendation has
500-4 been delayed; or
500-5 (4) the agency does not intend to take action on the
500-6 recommendation.
500-7 (d) The report must emphasize the findings in important
500-8 areas that are difficult to quantify, including weaknesses in
500-9 management controls or quality of services. (V.A.C.S. Art.
500-10 6252-5d, Sec. 6A.)
500-11 Sec. 2102.010. CONSULTATIONS. An internal auditor may
500-12 consult the state agency's governing board, the governor's office,
500-13 the state auditor, and legislative agencies or committees about
500-14 matters affecting duties or responsibilities under this chapter.
500-15 (V.A.C.S. Art. 6252-5d, Sec. 7.)
500-16 Sec. 2102.011. INTERNAL AUDIT STANDARDS. The internal audit
500-17 program shall conform to the Standards for the Professional
500-18 Practice of Internal Auditing, generally accepted governmental
500-19 auditing standards, the Certified Internal Auditor Code of
500-20 Professional Ethics, and the Statement of Responsibilities of
500-21 Internal Auditing of the Institute of Internal Auditors. (V.A.C.S.
500-22 Art. 6252-5d, Sec. 8.)
500-23 Sec. 2102.012. PROFESSIONAL DEVELOPMENT. (a) The state
500-24 auditor shall make available and shall coordinate a program of
500-25 training and technical assistance to ensure that state agency
500-26 internal auditors have access to current information about internal
500-27 audit techniques, policies, and procedures and to provide general
501-1 technical and audit assistance to agency internal auditors on
501-2 request.
501-3 (b) The state auditor is entitled to reimbursement for costs
501-4 associated with providing the services under the terms of
501-5 interagency cooperation contracts negotiated between the state
501-6 auditor and each agency. The costs may not exceed those allowed by
501-7 the General Appropriations Act. (V.A.C.S. Art. 6252-5d, Sec. 9.)
501-8 CHAPTER 2103. EXPENDITURES BY STATE AGENCIES
501-9 SUBCHAPTER A. GENERAL PROVISIONS
501-10 Sec. 2103.001. DEFINITION
501-11 Sec. 2103.002. APPLICABILITY OF CHAPTER TO APPROPRIATED
501-12 LOCAL FUND
501-13 Sec. 2103.003. STATE AGENCY SPENDING OF APPROPRIATED FUNDS
501-14 Sec. 2103.004. WARRANT DRAWN BY COMPTROLLER
501-15 (Sections 2103.005-2103.030 reserved for expansion)
501-16 SUBCHAPTER B. APPROVAL AND SUBMISSION OF
501-17 VOUCHERS BY ELECTRONIC MEANS
501-18 Sec. 2103.031. APPLICABILITY OF SUBCHAPTER
501-19 Sec. 2103.032. APPROVAL AND SUBMISSION OF VOUCHERS
501-20 (Sections 2103.033-2103.060 reserved for expansion)
501-21 SUBCHAPTER C. APPROVAL AND SUBMISSION OF
501-22 VOUCHERS BY NONELECTRONIC MEANS
501-23 Sec. 2103.061. STATE AGENCY ADMINISTERED BY GOVERNING BODY
501-24 Sec. 2103.062. STATE AGENCY ADMINISTERED BY ELECTED OR
501-25 APPOINTED OFFICIAL
501-26 Sec. 2103.063. GENERAL SERVICES COMMISSION
501-27 Sec. 2103.064. TEXAS TRANSPORTATION COMMISSION
502-1 CHAPTER 2103. EXPENDITURES BY STATE AGENCIES
502-2 SUBCHAPTER A. GENERAL PROVISIONS
502-3 Sec. 2103.001. DEFINITION. In this chapter, "state agency"
502-4 means a department, board, commission, committee, council, agency,
502-5 office, or other entity in the executive, legislative, or judicial
502-6 branch of state government, the jurisdiction of which is not
502-7 limited to a geographical portion of this state. The term includes
502-8 an institution of higher education as defined by Section 61.003,
502-9 Education Code, other than a public junior college. (V.A.C.S.
502-10 Art. 6252-31, Sec. 1 (part), as added by Acts 1991, 72nd Leg.,
502-11 R.S., Ch. 641.)
502-12 Sec. 2103.002. APPLICABILITY OF CHAPTER TO APPROPRIATED
502-13 LOCAL FUND. (a) This chapter does not apply to an expenditure
502-14 from an appropriated local fund.
502-15 (b) This chapter applies to the reimbursement to a state
502-16 agency for an expenditure from an appropriated local fund.
502-17 (V.A.C.S. Art. 6252-31, Sec. 9, as added by Acts 1991, 72nd Leg.,
502-18 R.S., Ch. 641.)
502-19 Sec. 2103.003. STATE AGENCY SPENDING OF APPROPRIATED FUNDS.
502-20 A state agency may spend appropriated funds only by:
502-21 (1) a warrant drawn by the comptroller; or
502-22 (2) an electronic funds transfer from the comptroller.
502-23 (V.A.C.S. Art. 6252-31, Secs. 2(a), (c) (part), as added by Acts
502-24 1991, 72nd Leg., R.S., Ch. 641.)
502-25 Sec. 2103.004. WARRANT DRAWN BY COMPTROLLER. The
502-26 comptroller may not draw a warrant until:
502-27 (1) the state agency from whose appropriation the
503-1 warrant is payable has submitted a voucher to the comptroller;
503-2 (2) the state agency has approved the voucher in
503-3 accordance with this chapter; and
503-4 (3) the comptroller has audited and approved the
503-5 voucher as required by law. (V.A.C.S. Art. 6252-31, Sec. 2(b), as
503-6 added by Acts 1991, 72nd Leg., R.S., Ch. 641.)
503-7 (Sections 2103.005-2103.030 reserved for expansion)
503-8 SUBCHAPTER B. APPROVAL AND SUBMISSION OF
503-9 VOUCHERS BY ELECTRONIC MEANS
503-10 Sec. 2103.031. APPLICABILITY OF SUBCHAPTER. This subchapter
503-11 applies only to approval and submission of vouchers by electronic
503-12 means. (V.A.C.S. Art. 6252-31, Sec. 6(b) (part), as added by Acts
503-13 1991, 72nd Leg., R.S., Ch. 641.)
503-14 Sec. 2103.032. APPROVAL AND SUBMISSION OF VOUCHERS. (a)
503-15 The comptroller by rule may establish a system for state agencies
503-16 to submit and approve electronically vouchers if the comptroller
503-17 determines that the system will facilitate the operation and
503-18 administration of the uniform statewide accounting system. The
503-19 comptroller may establish an electronic method to approve a voucher
503-20 submitted by a state agency and may establish an electronic system
503-21 for the approval of vouchers by the General Services Commission.
503-22 (b) The degree of security for an electronic system must at
503-23 least equal the degree of security for the nonelectronic approval
503-24 of vouchers by state agencies under this chapter.
503-25 (c) A state agency must approve a voucher and submit the
503-26 voucher to the comptroller to receive an electronic funds transfer.
503-27 (V.A.C.S. Art. 6252-31, Secs. 2(c) (part), 6(a), (b) (part), (c),
504-1 7(b), as added by Acts 1991, 72nd Leg., R.S., Ch. 641.)
504-2 (Sections 2103.033-2103.060 reserved for expansion)
504-3 SUBCHAPTER C. APPROVAL AND SUBMISSION OF VOUCHERS
504-4 BY NONELECTRONIC MEANS
504-5 Sec. 2103.061. STATE AGENCY ADMINISTERED BY GOVERNING BODY.
504-6 (a) A state agency administered by a governing body may approve a
504-7 voucher only in accordance with this section.
504-8 (b) A governing body may authorize its presiding officer or
504-9 executive director to designate one or more officers or employees
504-10 of the agency to approve vouchers of the agency. The presiding
504-11 officer shall notify the comptroller in writing that the governing
504-12 body has made the authorization of the presiding officer or
504-13 executive director before that officer may make or revoke a
504-14 designation.
504-15 (c) The presiding officer of the governing body may approve
504-16 a voucher after submitting a signature card to the comptroller.
504-17 (d) An officer or employee of the state agency may approve
504-18 the voucher after:
504-19 (1) the governing body of the agency has authorized
504-20 the officer or employee to approve vouchers or the presiding
504-21 officer or executive director authorized under Subsection (b) has
504-22 designated the officer or employee to approve vouchers;
504-23 (2) the comptroller has received written notice from
504-24 the presiding officer of the governing body or the executive
504-25 director, if authorized under Subsection (b), that the governing
504-26 body or executive director has authorized the officer or employee
504-27 to approve vouchers; and
505-1 (3) the comptroller has received a signature card from
505-2 the officer or employee.
505-3 (e) The presiding officer or executive director authorized
505-4 under Subsection (b) shall ensure that the comptroller is notified
505-5 of the revocation of the authorization of an officer or employee to
505-6 approve vouchers. This notice shall be given within 10 days after
505-7 the effective date of the revocation.
505-8 (f) In this section:
505-9 (1) "Executive director" means the individual who is
505-10 the chief administrative officer of a state agency and who is not a
505-11 member of the agency's governing body; and
505-12 (2) "Governing body" means a board, commission,
505-13 committee, council, or other group of individuals that is
505-14 collectively authorized by law to administer a state agency.
505-15 (V.A.C.S. Art. 6252-31, Secs. 1 (part), 3, 5, as added by Acts
505-16 1991, 72nd Leg., R.S., Ch. 641.)
505-17 Sec. 2103.062. STATE AGENCY ADMINISTERED BY ELECTED OR
505-18 APPOINTED OFFICIAL. (a) A state agency administered by an elected
505-19 or appointed state official may approve a voucher only in
505-20 accordance with this section.
505-21 (b) The elected or appointed state official who is
505-22 authorized by law to administer a state agency may authorize the
505-23 chief deputy of the agency to designate one or more officers or
505-24 employees of the agency to approve vouchers.
505-25 (c) The chief deputy may make or revoke a designation under
505-26 this section after the comptroller has received written notice from
505-27 the elected or appointed official of the authorization.
506-1 (d) The elected or appointed official may approve a voucher
506-2 after submitting a signature card to the comptroller.
506-3 (e) An officer or employee of the state agency may approve a
506-4 voucher after:
506-5 (1) the elected or appointed official has authorized
506-6 the officer or employee to approve a voucher, or the elected or
506-7 appointed official or the chief deputy under Subsection (b) or (c)
506-8 has designated the officer or employee to approve vouchers;
506-9 (2) the comptroller has received written notice from
506-10 the elected or appointed official or the chief deputy, if
506-11 authorized under Subsection (b) or (c), that the official or chief
506-12 deputy has authorized the officer or employee to approve vouchers;
506-13 and
506-14 (3) the comptroller has received a signature card from
506-15 the officer or employee.
506-16 (f) The elected or appointed official or the chief deputy
506-17 authorized under Subsection (b) or (c) shall ensure that the
506-18 comptroller is notified of the revocation of the authorization of
506-19 an officer or employee to approve vouchers. This notice shall be
506-20 given within 10 days after the effective date of the revocation.
506-21 (g) In this section, "chief deputy" means the individual
506-22 authorized by law to administer a state agency that is administered
506-23 by an elected or appointed state official during the absence of the
506-24 official or during the official's inability to act. (V.A.C.S. Art.
506-25 6252-31, Secs. 1 (part), 4, 5, as added by Acts 1991, 72nd Leg.,
506-26 R.S., Ch. 641.)
506-27 Sec. 2103.063. GENERAL SERVICES COMMISSION. (a) Only the
507-1 General Services Commission may approve a voucher sent by a state
507-2 agency, along with related documentation, for approval by the
507-3 commission unless the commission has designated one or more
507-4 officers or employees of the commission to approve vouchers.
507-5 (b) The commission shall give to the comptroller:
507-6 (1) written notice of an officer or employee of the
507-7 commission designated by the commission to approve a voucher; and
507-8 (2) the signature card from the designated individual.
507-9 (V.A.C.S. Art. 6252-31, Secs. 5, 7(a), as added by Acts 1991, 72nd
507-10 Leg., R.S., Ch. 641.)
507-11 Sec. 2103.064. TEXAS TRANSPORTATION COMMISSION. (a) The
507-12 Texas Transportation Commission may delegate to one or more
507-13 employees of the Texas Department of Transportation the authority
507-14 to approve vouchers for expenditures from the state highway fund
507-15 and the authority to approve and sign contracts and other
507-16 documents. These delegations of authority are limited to effect
507-17 the order, policies, and work programs of the department.
507-18 (b) The Texas Transportation Commission may require a
507-19 recipient of a delegation of authority to post a bond payable to
507-20 the state in the amount the commission considers necessary.
507-21 (c) If the commission requires the posting of a bond, the
507-22 bond must be conditioned on faithful performance.
507-23 (d) The commission shall pay the premium on all bonds from
507-24 the state highway fund. (V.A.C.S. Art. 6252-31, Sec. 8, as added by
507-25 Acts 1991, 72nd Leg., R.S., Ch. 641.)
507-26 CHAPTER 2104. CONSERVATORSHIP AS A RESULT
507-27 OF FISCAL MISMANAGEMENT
508-1 SUBCHAPTER A. GENERAL PROVISIONS
508-2 Sec. 2104.001. DEFINITIONS
508-3 Sec. 2104.002. APPLICABILITY OF CHAPTER
508-4 (Sections 2104.003-2104.010 reserved for expansion)
508-5 SUBCHAPTER B. STATE CONSERVATORSHIP BOARD
508-6 Sec. 2104.011. BOARD COMPOSITION; TERMS
508-7 Sec. 2104.012. PRESIDING OFFICER; MEETINGS
508-8 Sec. 2104.013. COMPENSATION; EXPENSES
508-9 Sec. 2104.014. RULES
508-10 Sec. 2104.015. ADMINISTRATIVE SERVICES
508-11 (Sections 2104.016-2104.020 reserved for expansion)
508-12 SUBCHAPTER C. CONSERVATORSHIP OF STATE AGENCIES
508-13 Sec. 2104.021. MISMANAGEMENT FINDING; CONSERVATORSHIP ORDER
508-14 Sec. 2104.022. ASSUMPTION OF POLICY FUNCTIONS
508-15 Sec. 2104.023. BOARD CONSERVATORSHIP POWERS AND DUTIES
508-16 Sec. 2104.024. REPORT
508-17 Sec. 2104.025. DURATION OF CONSERVATORSHIP
508-18 (Sections 2104.026-2104.030 reserved for expansion)
508-19 SUBCHAPTER D. CONSERVATORSHIP OF PUBLIC JUNIOR COLLEGES
508-20 Sec. 2104.031. MISMANAGEMENT FINDING; CONSERVATORSHIP ORDER
508-21 Sec. 2104.032. REPORTS
508-22 Sec. 2104.033. DURATION OF CONSERVATORSHIP
508-23 CHAPTER 2104. CONSERVATORSHIP AS A RESULT
508-24 OF FISCAL MISMANAGEMENT
508-25 SUBCHAPTER A. GENERAL PROVISIONS
508-26 Sec. 2104.001. DEFINITIONS. In this chapter:
508-27 (1) "Board" means the State Conservatorship Board.
509-1 (2) "Gross fiscal mismanagement" includes:
509-2 (A) failure to keep adequate fiscal records;
509-3 (B) failure to maintain proper control over
509-4 assets;
509-5 (C) failure to discharge fiscal obligations in a
509-6 timely manner; and
509-7 (D) misuse of state funds.
509-8 (3) "State agency" means a department, commission,
509-9 board, office, or other agency, including a university system or an
509-10 institution of higher education other than a public junior college,
509-11 that:
509-12 (A) is in the executive branch of state
509-13 government;
509-14 (B) is created by statute; and
509-15 (C) does not have statutory geographical
509-16 boundaries limited to a part of the state.
509-17 (4) "State fiscal management policies" means laws or
509-18 rules relating to:
509-19 (A) fiscal recordkeeping and reporting;
509-20 (B) use or control of state property;
509-21 (C) timely discharge of fiscal obligations; or
509-22 (D) use of state funds. (V.A.C.S. Art.
509-23 4413(203), Sec. 1; New.)
509-24 Sec. 2104.002. APPLICABILITY OF CHAPTER. This chapter does
509-25 not apply to an agency that is under the direction of an elected
509-26 officer, board, or commission. (V.A.C.S. Art. 4413(203), Sec. 2.)
509-27 (Sections 2104.003-2104.010 reserved for expansion)
510-1 SUBCHAPTER B. STATE CONSERVATORSHIP BOARD
510-2 Sec. 2104.011. BOARD COMPOSITION; TERMS. (a) The board is
510-3 composed of three members appointed by the governor with the advice
510-4 and consent of the senate.
510-5 (b) To be eligible for appointment to the board, a person
510-6 must be qualified, by experience or education, in administration or
510-7 fiscal management.
510-8 (c) A public officer is ineligible to serve on the board.
510-9 (d) Members serve staggered six-year terms with the term of
510-10 one member expiring on January 31 of each odd-numbered year.
510-11 (V.A.C.S. Art. 4413(203), Secs. 3(b), (c), (d).)
510-12 Sec. 2104.012. PRESIDING OFFICER; MEETINGS. (a) The
510-13 governor shall designate a board member to serve as presiding
510-14 officer for a two-year period expiring on January 31 of
510-15 odd-numbered years.
510-16 (b) The board shall meet at the call of the presiding
510-17 officer or as provided by board rule. (V.A.C.S. Art. 4413(203),
510-18 Secs. 4(b), (c).)
510-19 Sec. 2104.013. COMPENSATION; EXPENSES. A board member may
510-20 not receive compensation but is entitled to reimbursement for
510-21 actual and necessary expenses incurred in the performance of
510-22 official duties. (V.A.C.S. Art. 4413(203), Sec. 5.)
510-23 Sec. 2104.014. RULES. The board may adopt and enforce rules
510-24 necessary to administer this chapter. (V.A.C.S. Art. 4413(203),
510-25 Sec. 11.)
510-26 Sec. 2104.015. ADMINISTRATIVE SERVICES. (a) The governor
510-27 shall provide the board with administrative services.
511-1 (b) If necessary, the governor may use appropriations made
511-2 under Section 403.075 to provide the administrative services.
511-3 (V.A.C.S. Art. 4413(203), Sec. 6.)
511-4 (Sections 2104.016-2104.020 reserved for expansion)
511-5 SUBCHAPTER C. CONSERVATORSHIP OF STATE AGENCIES
511-6 Sec. 2104.021. MISMANAGEMENT FINDING; CONSERVATORSHIP ORDER.
511-7 (a) The legislative audit committee shall notify the governor of
511-8 the committee's finding that a condition of gross fiscal
511-9 mismanagement exists in a state agency.
511-10 (b) After receipt of the notice, the governor by
511-11 proclamation may order the board to act as conservator of the
511-12 agency. (V.A.C.S. Art. 4413(203), Sec. 7.)
511-13 Sec. 2104.022. ASSUMPTION OF POLICY FUNCTIONS. The board,
511-14 acting on an order of the governor under Section 2104.021, shall
511-15 assume all the powers and duties of the officers responsible for
511-16 policy direction of the state agency subject to the order, and
511-17 those officers may not act unless authorized by the board.
511-18 (V.A.C.S. Art. 4413(203), Sec. 8.)
511-19 Sec. 2104.023. BOARD CONSERVATORSHIP POWERS AND DUTIES. (a)
511-20 The board, acting as conservator of a state agency under this
511-21 subchapter, shall ensure that the agency complies with state fiscal
511-22 management policies.
511-23 (b) The board, acting as conservator of a state agency under
511-24 this subchapter, may:
511-25 (1) terminate the employment of any employee whose
511-26 conduct the board determines contributed to the condition that
511-27 caused the conservatorship;
512-1 (2) employ personnel for the agency;
512-2 (3) change the agency's organization or structure as
512-3 necessary to alleviate the conditions that caused the
512-4 conservatorship; and
512-5 (4) contract with persons for management or
512-6 administrative services necessary to effect the conservatorship.
512-7 (c) The board may delegate any part of its powers or duties
512-8 as conservator other than its rulemaking authority to a person with
512-9 whom it contracts under Subsection (b)(4). (V.A.C.S. Art.
512-10 4413(203), Sec. 9.)
512-11 Sec. 2104.024. REPORT. (a) The board shall report on a
512-12 conservatorship under this subchapter to the governor and the
512-13 legislative audit committee not later than the 60th day after the
512-14 date the governor orders the conservatorship and at the end of
512-15 each subsequent 60-day period until the conservatorship is
512-16 dissolved.
512-17 (b) The report must include a description of the measures
512-18 taken to ensure that the state agency complies with state fiscal
512-19 management policies and an estimate of the progress the board has
512-20 made in attaining that goal. (V.A.C.S. Art. 4413(203), Sec. 10.)
512-21 Sec. 2104.025. DURATION OF CONSERVATORSHIP. A
512-22 conservatorship under this subchapter continues until the earlier
512-23 of:
512-24 (1) the governor's issuing of a proclamation declaring
512-25 that the condition of gross fiscal mismanagement in the state
512-26 agency no longer exists and that the conservatorship is dissolved;
512-27 or
513-1 (2) the legislative audit committee's finding and
513-2 certifying to the governor that the condition of gross fiscal
513-3 mismanagement in the agency no longer exists, in which case the
513-4 conservatorship is dissolved. (V.A.C.S. Art. 4413(203), Sec. 12.)
513-5 (Sections 2104.026-2104.030 reserved for expansion)
513-6 SUBCHAPTER D. CONSERVATORSHIP OF PUBLIC JUNIOR COLLEGES
513-7 Sec. 2104.031. MISMANAGEMENT FINDING; CONSERVATORSHIP ORDER.
513-8 (a) On the governor's request, the Texas Higher Education
513-9 Coordinating Board with the advice and assistance of the state
513-10 auditor shall determine if a condition of gross fiscal
513-11 mismanagement exists at a public junior college.
513-12 (b) If the coordinating board finds a condition of gross
513-13 fiscal mismanagement of a public junior college, the governor by
513-14 proclamation may order the board to act as conservator of the
513-15 college.
513-16 (c) Except as otherwise provided by this subchapter, the
513-17 board shall act as conservator of a public junior college in the
513-18 manner provided by this chapter for conservatorship of state
513-19 agencies by the board. (V.A.C.S. Art. 4413(203), Sec. 2A(a).)
513-20 Sec. 2104.032. REPORTS. The board shall file the reports
513-21 relating to public junior colleges required by Section 2104.024
513-22 with the Texas Higher Education Coordinating Board. (V.A.C.S. Art.
513-23 4413(203), Sec. 2A(b).)
513-24 Sec. 2104.033. DURATION OF CONSERVATORSHIP. A
513-25 conservatorship of a public junior college under this subchapter
513-26 continues until the earlier of:
513-27 (1) the governor's issuing of a proclamation declaring
514-1 that the condition of gross fiscal mismanagement no longer exists
514-2 and that the conservatorship is dissolved; or
514-3 (2) the Texas Higher Education Coordinating Board's
514-4 finding and certifying to the governor that the condition of gross
514-5 fiscal mismanagement no longer exists, in which case the
514-6 conservatorship is dissolved. (V.A.C.S. Art. 4413(203),
514-7 Sec. 2A(c).)
514-8 CHAPTER 2105. ADMINISTRATION OF BLOCK GRANTS
514-9 SUBCHAPTER A. GENERAL PROVISIONS
514-10 Sec. 2105.001. DEFINITIONS
514-11 Sec. 2105.002. COMBINATION OF PROGRAMS NOT INTENDED
514-12 TO REDUCE SERVICES
514-13 Sec. 2105.003. CHANGE IN FEDERAL LAW OR REGULATION
514-14 Sec. 2105.004. DISCRIMINATION PROHIBITED
514-15 Sec. 2105.005. PRIORITY TO POVERTY PROGRAMS
514-16 Sec. 2105.006. AGENCY AUDITS
514-17 Sec. 2105.007. PROVIDER AUDITS
514-18 Sec. 2105.008. UNIFORM MANAGEMENT
514-19 Sec. 2105.009. PRIMARY CARE BLOCK GRANT
514-20 (Sections 2105.010-2105.050 reserved for expansion)
514-21 SUBCHAPTER B. DEVELOPMENT OF PLAN; PUBLIC INFORMATION
514-22 Sec. 2105.051. DEFINITION
514-23 Sec. 2105.052. CONTENTS OF PLAN
514-24 Sec. 2105.053. PUBLIC HEARINGS ON INTENDED USE OF FUNDS
514-25 Sec. 2105.054. NOTICE OF HEARING
514-26 Sec. 2105.055. PUBLIC COMMENTS
514-27 Sec. 2105.056. PUBLIC INFORMATION
515-1 Sec. 2105.057. CONSULTATION ACTIVITIES
515-2 Sec. 2105.058. PUBLIC HEARING BY CERTAIN PROVIDERS
515-3 Sec. 2105.059. AVAILABILITY OF RULES AND ELIGIBILITY
515-4 REQUIREMENTS
515-5 (Sections 2105.060-2105.100 reserved for expansion)
515-6 SUBCHAPTER C. COMPLAINTS
515-7 Sec. 2105.101. PUBLICATION OF PROCEDURES
515-8 Sec. 2105.102. INVESTIGATION
515-9 Sec. 2105.103. NOTICE TO PROVIDER; RESPONSE
515-10 Sec. 2105.104. USE OF COMPLAINTS; ANNUAL SUMMARY
515-11 (Sections 2105.105-2105.150 reserved for expansion)
515-12 SUBCHAPTER D. DENIAL OF SERVICES OR BENEFITS
515-13 Sec. 2105.151. RIGHT TO REQUEST HEARING ON DENIAL OF SERVICES
515-14 OR BENEFITS
515-15 Sec. 2105.152. DEPARTMENT OF HUMAN SERVICES' PROCEDURES FOR
515-16 FAIR HEARING
515-17 Sec. 2105.153. HEARING ON DENIAL OF SERVICES OR BENEFITS BY
515-18 AGENCY
515-19 Sec. 2105.154. HEARING ON DENIAL OF SERVICES OR BENEFITS BY
515-20 PROVIDER
515-21 (Sections 2105.155-2105.200 reserved for expansion)
515-22 SUBCHAPTER E. NONRENEWAL OR REDUCTION OF BLOCK
515-23 GRANT FUNDS OF SPECIFIC PROVIDER
515-24 Sec. 2105.201. APPLICATION OF SUBCHAPTER; EXCEPTION
515-25 Sec. 2105.202. RULES; CONSIDERATIONS
515-26 Sec. 2105.203. NOTICE TO PROVIDER OF REDUCTION
515-27 Sec. 2105.204. HEARING ON REDUCTION OF FUNDING
516-1 Sec. 2105.205. INTERIM CONTRACT PENDING HEARING
516-2 (Sections 2105.206-2105.250 reserved for expansion)
516-3 SUBCHAPTER F. REDUCTION OF BLOCK GRANT FUNDS
516-4 FOR GEOGRAPHIC AREA
516-5 Sec. 2105.251. APPLICATION OF SUBCHAPTER; EXCEPTION
516-6 Sec. 2105.252. NOTICE TO PROVIDER
516-7 Sec. 2105.253. RULES; CONSIDERATIONS
516-8 (Sections 2105.254-2105.300 reserved for expansion)
516-9 SUBCHAPTER G. TERMINATION OF BLOCK GRANT FUNDS
516-10 Sec. 2105.301. NOTICE TO PROVIDER
516-11 Sec. 2105.302. HEARING
516-12 (Sections 2105.303-2105.350 reserved for expansion)
516-13 SUBCHAPTER H. JUDICIAL REVIEW
516-14 Sec. 2105.351. JUDICIAL REVIEW
516-15 CHAPTER 2105. ADMINISTRATION OF BLOCK GRANTS
516-16 SUBCHAPTER A. GENERAL PROVISIONS
516-17 Sec. 2105.001. DEFINITIONS. In this chapter:
516-18 (1) "Agency" means the Texas Department of Human
516-19 Services, the Texas Department of Health, the Texas Department of
516-20 Housing and Community Affairs, the Central Education Agency, the
516-21 Texas Department of Mental Health and Mental Retardation, or any
516-22 other commission, board, or department designated to receive block
516-23 grant funds.
516-24 (2) "Block grant" means a program resulting from the
516-25 consolidation or transfer of separate federal grant programs,
516-26 including federal categorical programs, so that the state
516-27 determines the amounts to be allocated or the method of allocating
517-1 the amounts to various agencies or programs from the combined
517-2 amounts, including a program consolidated or transferred under the
517-3 Omnibus Budget Reconciliation Act of 1981 (Pub. L. No. 97-35).
517-4 (3) "Program" means an activity designed to deliver
517-5 services or benefits provided by state or federal law.
517-6 (4) "Provider" means a public or private organization
517-7 that receives block grant funds or may be eligible to receive block
517-8 grant funds to provide services or benefits to the public,
517-9 including:
517-10 (A) a local government unit;
517-11 (B) a council of government;
517-12 (C) a community action agency; or
517-13 (D) a private new community developer or
517-14 nonprofit community association in a community originally
517-15 established as a new community development program under the Urban
517-16 Growth and New Community Development Act of 1970 (42 U.S.C. Section
517-17 4511 et seq.).
517-18 (5) "Recipient" means an individual or a class of
517-19 individuals who receives services or benefits available through
517-20 block grants. (V.A.C.S. Art. 6252-13e, Secs. 2, 3(1), (2), (3),
517-21 (5).)
517-22 Sec. 2105.002. COMBINATION OF PROGRAMS NOT INTENDED TO
517-23 REDUCE SERVICES. The process of combining categorical federal
517-24 assistance programs into block grants should not have an overall
517-25 effect of reducing the relative proportion of services and benefits
517-26 made available to low-income individuals, elderly individuals,
517-27 disabled individuals, and migrant and seasonal agricultural
518-1 workers. (V.A.C.S. Art. 6252-13e, Sec. 1(d).)
518-2 Sec. 2105.003. CHANGE IN FEDERAL LAW OR REGULATION. If a
518-3 change in a federal law or regulation does not provide for
518-4 temporary waivers to allow compliance with state law and because of
518-5 the change an agency or provider does not have sufficient time to
518-6 comply with a procedure required by this chapter, the agency or
518-7 provider may act in compliance with federal law and shall comply
518-8 with procedures required by this chapter as soon as possible.
518-9 (V.A.C.S. Art. 6252-13e, Sec. 15(a).)
518-10 Sec. 2105.004. DISCRIMINATION PROHIBITED. An agency or
518-11 provider may not use block grant funds in a manner that
518-12 discriminates on the basis of race, color, national origin, sex, or
518-13 religion. (V.A.C.S. Art. 6252-13e, Sec. 16.)
518-14 Sec. 2105.005. PRIORITY TO POVERTY PROGRAMS. (a) An agency
518-15 should give priority to programs that remedy the causes and cycle
518-16 of poverty if:
518-17 (1) the alleviation of poverty is a purpose of the
518-18 block grant; and
518-19 (2) the agency has discretion over the types of
518-20 programs that may be funded with the block grant.
518-21 (b) In administering a block grant, an agency shall consult:
518-22 (1) low-income recipients;
518-23 (2) low-income intended recipients; and
518-24 (3) organizations representing low-income individuals.
518-25 (c) To the extent consistent with the purpose of the block
518-26 grant, an agency by rule shall ensure that providers use block
518-27 grant funds to the maximum benefit of low-income recipients and
519-1 intended recipients. (V.A.C.S. Art. 6252-13e, Sec. 14.)
519-2 Sec. 2105.006. AGENCY AUDITS. (a) An agency's expenditure
519-3 of block grant funds is subject to audit by the state auditor in
519-4 accordance with Chapter 321.
519-5 (b) The state auditor immediately shall transmit a copy of
519-6 an audit of an agency to the governor. Not later than the 30th day
519-7 after the date on which an audit of an agency is completed, the
519-8 governor shall transmit a copy of the audit to the appropriate
519-9 federal authority. (V.A.C.S. Art. 6252-13e, Secs. 12(a), (c),
519-10 (d).)
519-11 Sec. 2105.007. PROVIDER AUDITS. A provider that receives
519-12 block grant funds from an agency shall provide the agency with
519-13 evidence that an annual audit of the provider has been performed.
519-14 (V.A.C.S. Art. 6252-13e, Sec. 12(b).)
519-15 Sec. 2105.008. UNIFORM MANAGEMENT. Chapter 783 applies to
519-16 agencies and providers for the purpose of block grant
519-17 administration. (V.A.C.S. Art. 6252-13e, Sec. 13.)
519-18 Sec. 2105.009. PRIMARY CARE BLOCK GRANT. (a) The Texas
519-19 Department of Health shall administer the primary care block grant
519-20 if the department satisfies federal requirements relating to the
519-21 designation of an agency to administer the grant.
519-22 (b) In administering the primary care block grant, the
519-23 department may:
519-24 (1) receive the primary care block grant funds on
519-25 behalf of the state;
519-26 (2) spend primary care block grant funds and state
519-27 funds specifically appropriated by the legislature to match funds
520-1 received under a primary care block grant;
520-2 (3) make grants to, advance funds to, contract with,
520-3 and take other actions through community health centers that meet
520-4 the requirements of 42 U.S.C. Section 254c(e)(3) to provide for the
520-5 delivery of primary and supplemental health services to medically
520-6 underserved populations of the state;
520-7 (4) adopt necessary rules; and
520-8 (5) perform other activities necessary to administer
520-9 the primary care block grant.
520-10 (c) In this section:
520-11 (1) "Community health center" has the meaning assigned
520-12 by 42 U.S.C. Section 254c(a).
520-13 (2) "Medically underserved population," "primary
520-14 health services," and "supplemental health services" have the
520-15 meanings assigned by 42 U.S.C. Section 254c(b). (V.A.C.S. Art.
520-16 6252-13e, Sec. 17.)
520-17 (Sections 2105.010-2105.050 reserved for expansion)
520-18 SUBCHAPTER B. DEVELOPMENT OF PLAN; PUBLIC INFORMATION
520-19 Sec. 2105.051. DEFINITION. In this subchapter, "plan" means
520-20 a report submitted to the federal government that contains a
520-21 statement of activities and programs to show the intended and
520-22 actual use of block grant funds. (V.A.C.S. Art. 6252-13e, Sec.
520-23 3(4).)
520-24 Sec. 2105.052. CONTENTS OF PLAN. A plan must describe:
520-25 (1) major changes in policy for each program;
520-26 (2) the extent of anticipated reductions or increases
520-27 in services under the block grant; and
521-1 (3) the nature of any fees a recipient must pay to
521-2 receive services funded under the block grant. (V.A.C.S. Art.
521-3 6252-13e, Sec. 4(g).)
521-4 Sec. 2105.053. PUBLIC HEARINGS ON INTENDED USE OF FUNDS.
521-5 (a) In developing a request for appropriations before each regular
521-6 legislative session, an agency shall hold public hearings in four
521-7 locations in different areas of the state to solicit public comment
521-8 on the intended use of block grant funds.
521-9 (b) An agency must conduct at least two of the hearings
521-10 required by this section after normal agency working hours.
521-11 (c) An agency may hold a hearing required by this section in
521-12 conjunction with:
521-13 (1) another agency without regard to whether the block
521-14 grants administered by the agencies are for different purposes; or
521-15 (2) the governor's office. (V.A.C.S. Art. 6252-13e,
521-16 Secs. 4(a), (b), (i).)
521-17 Sec. 2105.054. NOTICE OF HEARING. (a) An agency shall:
521-18 (1) provide notice of a public hearing regarding the
521-19 plan for a block grant not later than the 15th day before the date
521-20 of the hearing;
521-21 (2) post the notice in a conspicuous place in each
521-22 agency office;
521-23 (3) include in the notice a clear and concise
521-24 description of the matters to be considered and a statement of the
521-25 manner in which written comments may be submitted;
521-26 (4) maintain lists of interested persons;
521-27 (5) mail notices of hearings to interested persons;
522-1 and
522-2 (6) conduct other activities necessary to promote
522-3 public participation in the public hearing.
522-4 (b) A notice prepared under this section must be printed in
522-5 English and Spanish. (V.A.C.S. Art. 6252-13e, Secs. 4(c), (d),
522-6 (j).)
522-7 Sec. 2105.055. PUBLIC COMMENTS. (a) An agency shall
522-8 summarize, in a fair manner, the types of public comments received
522-9 by the agency during public hearings regarding a plan.
522-10 (b) If an agency's final decision does not reflect the
522-11 recommendations of particular classes of public comments, the
522-12 agency shall provide a reasoned response justifying the agency's
522-13 decision as to each comment.
522-14 (c) An agency shall distribute the summary of public
522-15 comments and the responses to the comments as part of the plan and
522-16 shall:
522-17 (1) have the summary and response published in the
522-18 Texas Register; and
522-19 (2) make the summary and response available to the
522-20 public. (V.A.C.S. Art. 6252-13e, Secs. 4(e), (f), (h).)
522-21 Sec. 2105.056. PUBLIC INFORMATION. (a) An agency shall
522-22 publish information for the public:
522-23 (1) describing the manner in which the agency's staff
522-24 develops preliminary options for the use of block grants; and
522-25 (2) stating the period in which the preliminary work
522-26 is usually performed.
522-27 (b) An agency shall undertake public information activities
523-1 necessary to ensure that recipients and intended recipients are
523-2 informed of the availability of services and benefits.
523-3 (c) Information published under this section must be printed
523-4 in English and Spanish. (V.A.C.S. Art. 6252-13e, Secs. 5(a), (h),
523-5 (j).)
523-6 Sec. 2105.057. CONSULTATION ACTIVITIES. (a) An agency
523-7 shall consult interested members of the public to assist the agency
523-8 in developing preliminary staff recommendations on the use of block
523-9 grant funds.
523-10 (b) During preparation or amendment of a plan, an agency
523-11 shall consult:
523-12 (1) affected groups, including local governments,
523-13 charitable organizations, and businesses that provide or fund
523-14 services similar to the services that may be provided by the agency
523-15 under the block grant; and
523-16 (2) any state advisory or coordinating council that
523-17 has responsibility over programs similar to the programs that may
523-18 be provided under the block grant.
523-19 (c) An agency that is authorized to approve the allocation
523-20 of more than $10 million in block grant funds in a year by a
523-21 discretionary manner other than an objective formula required by
523-22 federal law shall provide that the consultation required by
523-23 Subsections (a) and (b)(1) must occur in each of the agency's
523-24 regions. (V.A.C.S. Art. 6252-13e, Secs. 5(b), (c), (d), (e).)
523-25 Sec. 2105.058. PUBLIC HEARING BY CERTAIN PROVIDERS. (a)
523-26 This section applies to a provider that receives more than $5,000
523-27 in block grant funds to be used as the provider determines
524-1 appropriate.
524-2 (b) Annually, a provider shall submit evidence to the agency
524-3 that a public meeting or hearing was held in a timely manner solely
524-4 to seek public comment on the needs or uses of block grant funds
524-5 received by the provider.
524-6 (c) A provider may hold a meeting or hearing under
524-7 Subsection (b) in conjunction with another meeting or hearing of
524-8 the provider if the meeting or hearing to consider block grant
524-9 funds is clearly noted in an announcement of the other meeting or
524-10 hearing.
524-11 (d) An agency by rule may require a provider to undertake
524-12 other reasonable efforts to seek public participation. (V.A.C.S.
524-13 Art. 6252-13e, Secs. 5(f), (g).)
524-14 Sec. 2105.059. AVAILABILITY OF RULES AND ELIGIBILITY
524-15 REQUIREMENTS. An agency shall maintain for public inspection in
524-16 each office:
524-17 (1) the rules and eligibility requirements relating to
524-18 the administration of block grant funds; and
524-19 (2) a digest or index to rules and decisions.
524-20 (V.A.C.S. Art. 6252-13e, Sec. 5(i).)
524-21 (Sections 2105.060-2105.100 reserved for expansion)
524-22 SUBCHAPTER C. COMPLAINTS
524-23 Sec. 2105.101. PUBLICATION OF PROCEDURES. An agency shall
524-24 distribute publications that describe:
524-25 (1) the block grant programs administered by the
524-26 agency; and
524-27 (2) how to make public comments and complaints about
525-1 the quality of services funded by the block grant. (V.A.C.S. Art.
525-2 6252-13e, Sec. 6(a).)
525-3 Sec. 2105.102. INVESTIGATION. (a) An agency shall have a
525-4 procedure for investigating complaints about the programs funded by
525-5 a block grant.
525-6 (b) Before the 31st day after the date on which the
525-7 complaint is received, the agency shall:
525-8 (1) complete the investigation; or
525-9 (2) notify the complainant when the investigation can
525-10 be completed, if the investigation cannot be completed within the
525-11 period provided by this subsection. (V.A.C.S. Art. 6252-13e, Secs.
525-12 6(b) (part), (c).)
525-13 Sec. 2105.103. NOTICE TO PROVIDER; RESPONSE. (a) An agency
525-14 shall inform a provider of any complaint received concerning the
525-15 provider's services.
525-16 (b) An agency shall give a provider a reasonable time to
525-17 respond to a complaint. (V.A.C.S. Art. 6252-13e, Sec. 6(d).)
525-18 Sec. 2105.104. USE OF COMPLAINTS; ANNUAL SUMMARY. (a) An
525-19 agency shall use the complaint system to monitor and ensure
525-20 compliance with applicable federal and state law.
525-21 (b) An agency shall consider the history of complaints
525-22 regarding a provider in determining whether to renew a contract or
525-23 subgrant for the use of block grant funds by the provider.
525-24 (c) An agency shall summarize annually the types of
525-25 complaints received by the agency. (V.A.C.S. Art. 6252-13e, Secs.
525-26 6(b) (part), (e), (f).)
525-27 (Sections 2105.105-2105.150 reserved for expansion)
526-1 SUBCHAPTER D. DENIAL OF SERVICES OR BENEFITS
526-2 Sec. 2105.151. RIGHT TO REQUEST HEARING ON DENIAL OF
526-3 SERVICES OR BENEFITS. Except as provided by Section 2001.223(1),
526-4 an affected person who alleges that a provider or an agency has
526-5 denied all or part of a service or benefit funded by block grant
526-6 funds in a manner that is unjust, discriminatory, or without
526-7 reasonable basis in law or fact may request an administrative
526-8 hearing under Chapter 2001. (V.A.C.S. Art. 6252-13e, Sec. 7(a)
526-9 (part).)
526-10 Sec. 2105.152. DEPARTMENT OF HUMAN SERVICES' PROCEDURES FOR
526-11 FAIR HEARING. The Texas Department of Human Services shall use
526-12 procedures for conducting a fair hearing under this subchapter.
526-13 (V.A.C.S. Art. 6252-13e, Sec. 7(a) (part).)
526-14 Sec. 2105.153. HEARING ON DENIAL OF SERVICES OR BENEFITS BY
526-15 AGENCY. (a) An agency administering block grant funds shall
526-16 conduct a timely hearing on the denial of a service or benefit by
526-17 the agency.
526-18 (b) On determining that services were wrongfully denied, an
526-19 agency shall take appropriate action to correct the practices or
526-20 procedures of the agency. (V.A.C.S. Art. 6252-13e, Sec. 7(b).)
526-21 Sec. 2105.154. HEARING ON DENIAL OF SERVICES OR BENEFITS BY
526-22 PROVIDER. (a) The agency that provides block grant funds to a
526-23 provider shall conduct a timely hearing on the denial of a service
526-24 or benefit by the provider.
526-25 (b) A hearing under this section must be held in the
526-26 locality served by the provider.
526-27 (c) On determining that services were wrongfully denied, an
527-1 agency shall take appropriate action to correct the practices or
527-2 procedures of the provider. (V.A.C.S. Art. 6252-13e, Sec. 7(c).)
527-3 (Sections 2105.155-2105.200 reserved for expansion)
527-4 SUBCHAPTER E. NONRENEWAL OR REDUCTION OF BLOCK GRANT
527-5 FUNDS OF SPECIFIC PROVIDER
527-6 Sec. 2105.201. APPLICATION OF SUBCHAPTER; EXCEPTION. (a)
527-7 This subchapter applies if:
527-8 (1) an agency reduces a provider's block grant funding
527-9 by 25 percent or more; and
527-10 (2) the agency provides the block grant funds to
527-11 another provider in the same geographic area to provide similar
527-12 services.
527-13 (b) This subchapter does not apply if a provider's block
527-14 grant funding becomes subject to the agency's competitive bidding
527-15 rules requiring the agency to invite bids for competitive
527-16 evaluation. (V.A.C.S. Art. 6252-13e, Secs. 9(a), (i).)
527-17 Sec. 2105.202. RULES; CONSIDERATIONS. (a) An agency shall
527-18 adopt specific rules defining good cause for nonrenewal of a
527-19 provider's contract or reduction of a provider's funding.
527-20 (b) In deciding whether to renew a provider's contract or to
527-21 reduce a provider's funding, an agency shall consider:
527-22 (1) the effectiveness of services rendered by various
527-23 providers;
527-24 (2) the cost efficiency of programs undertaken by each
527-25 provider;
527-26 (3) the extent to which the services of each provider
527-27 meet the needs of groups or classes of individuals who are poor or
528-1 underprivileged or have a disability;
528-2 (4) the degree to which services can be provided by
528-3 other programs in that area;
528-4 (5) the extent to which recipients are involved in the
528-5 providers' decision making; and
528-6 (6) the need to provide services in the state without
528-7 discrimination as to race, religion, or geographic region.
528-8 (V.A.C.S. Art. 6252-13e, Secs. 9(c), (d).)
528-9 Sec. 2105.203. NOTICE TO PROVIDER OF REDUCTION. Not later
528-10 than the 30th day before the date on which block grant funds are
528-11 reduced, an agency shall send a provider a written statement
528-12 specifying the reason for reducing the funding. (V.A.C.S. Art.
528-13 6252-13e, Sec. 9(b).)
528-14 Sec. 2105.204. HEARING ON REDUCTION OF FUNDING. (a) After
528-15 receiving notice that block grant funds are to be reduced as
528-16 provided by Section 2105.203, a provider may request an
528-17 administrative hearing under Chapter 2001 if the provider alleges
528-18 that a reduction of funding:
528-19 (1) violates the rules adopted under Section
528-20 2105.202(a);
528-21 (2) is discriminatory; or
528-22 (3) is without reasonable basis in law or fact.
528-23 (b) Not later than the 30th day after the date the request
528-24 is received, the agency shall conduct a hearing to determine
528-25 whether the funding should be reduced. The agency and the provider
528-26 may agree to postpone the hearing.
528-27 (c) An agency shall hold at least one session of the hearing
529-1 in the locality served by the provider and shall hear local public
529-2 comment on the matter at that time if requested to do so by:
529-3 (1) a local elected official; or
529-4 (2) an organization with 25 or more members.
529-5 (V.A.C.S. Art. 6252-13e, Secs. 9(e), (f), (g).)
529-6 Sec. 2105.205. INTERIM CONTRACT PENDING HEARING. If a
529-7 provider requests an administrative hearing under Section 2105.204,
529-8 the agency may enter into an interim contract with the provider or
529-9 another provider for the services formerly provided by the provider
529-10 while administrative or judicial proceedings are pending.
529-11 (V.A.C.S. Art. 6252-13e, Sec. 9(h).)
529-12 (Sections 2105.206-2105.250 reserved for expansion)
529-13 SUBCHAPTER F. REDUCTION OF BLOCK GRANT FUNDS FOR GEOGRAPHIC AREA
529-14 Sec. 2105.251. APPLICATION OF SUBCHAPTER; EXCEPTION. (a)
529-15 This subchapter applies if:
529-16 (1) an agency reduces a provider's block grant funding
529-17 by 25 percent or more; and
529-18 (2) the agency does not provide the block grant funds
529-19 to another provider in the same geographic area.
529-20 (b) This subchapter does not apply if the provider received
529-21 block grant funds for a specified period under a competitive
529-22 evaluation of proposals. (V.A.C.S. Art. 6252-13e, Secs. 10(a),
529-23 (d).)
529-24 Sec. 2105.252. NOTICE TO PROVIDER. Not later than the 30th
529-25 day before the date on which the block grant funds are to be
529-26 reduced, an agency shall send a provider a written statement
529-27 specifying the reason for reducing the funding. The statement must
530-1 be sent to the provider so that the provider has sufficient time to
530-2 participate in public hearings and consultation proceedings
530-3 provided by Subchapter B. (V.A.C.S. Art. 6252-13e, Sec. 10(b).)
530-4 Sec. 2105.253. RULES; CONSIDERATIONS. The rules adopted
530-5 under Section 2105.202(a) and the considerations provided by
530-6 Section 2105.202(b) apply to a reduction of block grant funds under
530-7 this subchapter. (V.A.C.S. Art. 6252-13e, Sec. 10(c).)
530-8 (Sections 2105.254-2105.300 reserved for expansion)
530-9 SUBCHAPTER G. TERMINATION OF BLOCK GRANT FUNDS
530-10 Sec. 2105.301. NOTICE TO PROVIDER. An agency that proposes
530-11 to terminate block grant funds of a provider that has violated the
530-12 terms of a contract or grant shall send the provider a written
530-13 statement specifying the reasons for the termination not later than
530-14 the 31st day before the termination date. (V.A.C.S. Art. 6252-13e,
530-15 Sec. 8(a).)
530-16 Sec. 2105.302. HEARING. (a) After receiving notice of
530-17 termination of a contract or subgrant from block grant funds, a
530-18 provider may request an administrative hearing under Chapter 2001.
530-19 (b) Not later than the 30th day after the date the request
530-20 is received, the agency shall conduct a hearing to determine
530-21 whether the funding should be terminated. The agency and the
530-22 provider may agree to postpone the hearing. (V.A.C.S. Art.
530-23 6252-13e, Secs. 8(b) (part), (c).)
530-24 (Sections 2105.303-2105.350 reserved for expansion)
530-25 SUBCHAPTER H. JUDICIAL REVIEW
530-26 Sec. 2105.351. JUDICIAL REVIEW. A party to a hearing under
530-27 Subchapter D, E, F, or G may seek judicial review of the agency's
531-1 action as provided by Subchapter G, Chapter 2001. (V.A.C.S. Art.
531-2 6252-13e, Sec. 11.)
531-3 CHAPTER 2106. INDIRECT COST RECOVERY PROGRAM
531-4 Sec. 2106.001. DEFINITIONS
531-5 Sec. 2106.002. STATEWIDE COST ALLOCATION PLAN
531-6 Sec. 2106.003. AGENCY INDIRECT COST RECOVERY PLAN
531-7 Sec. 2106.004. TECHNICAL ASSISTANCE
531-8 Sec. 2106.005. AGENCY RECOVERY OF INDIRECT COSTS
531-9 Sec. 2106.006. GENERAL REVENUE FUND REIMBURSEMENT
531-10 Sec. 2106.007. APPROPRIATION OF FEDERALLY REIMBURSED
531-11 INDIRECT COSTS
531-12 CHAPTER 2106. INDIRECT COST RECOVERY PROGRAM
531-13 Sec. 2106.001. DEFINITIONS. In this chapter:
531-14 (1) "Federally reimbursable indirect cost" means a
531-15 cost, as defined by Office of Management and Budget Circular No.
531-16 A-87 or a subsequent revision of or successor to that circular,
531-17 that is:
531-18 (A) incurred by a state agency in support of a
531-19 federally funded program, other than a research program funded by a
531-20 federal grant at an institution of higher education; and
531-21 (B) eligible for reimbursement from the federal
531-22 government.
531-23 (2) "Indirect cost" means the cost of administering a
531-24 state or federally funded program and includes a cost of providing
531-25 a statewide support service. The term does not include the actual
531-26 costs of the program.
531-27 (3) "State agency" means a department, board,
532-1 commission, or other entity in the executive branch of state
532-2 government that has statewide jurisdiction and administers a
532-3 program to provide a service to the public or to regulate persons
532-4 engaged in an occupation or activity.
532-5 (4) "Support service" includes accounting, auditing,
532-6 budgeting, centralized purchasing, and legal services. (V.A.C.S.
532-7 Art. 6252-5f, Sec. 1; New.)
532-8 Sec. 2106.002. STATEWIDE COST ALLOCATION PLAN. (a) The
532-9 office of the governor shall prepare annually a statewide cost
532-10 allocation plan.
532-11 (b) The plan must:
532-12 (1) identify the costs of providing statewide support
532-13 services to each state agency;
532-14 (2) allocate to each state agency an appropriate
532-15 portion of the total costs of statewide support services; and
532-16 (3) identify, to the extent possible, the amount of
532-17 federally reimbursable indirect costs in each allocated portion.
532-18 (c) The office of the governor shall distribute a copy of
532-19 the plan to each state agency. (V.A.C.S. Art. 6252-5f, Sec. 2.)
532-20 Sec. 2106.003. AGENCY INDIRECT COST RECOVERY PLAN. (a) A
532-21 state agency that receives federal money or charges a fee for a
532-22 service it provides shall prepare annually an indirect cost
532-23 recovery plan.
532-24 (b) The plan must include proposals to recover the indirect
532-25 costs of the agency's programs, including the portion of statewide
532-26 support service costs allocated to the agency under the statewide
532-27 cost allocation plan.
533-1 (c) A state agency that receives federal money shall also
533-2 prepare a separate schedule indicating its federally reimbursable
533-3 indirect costs. (V.A.C.S. Art. 6252-5f, Sec. 3(a).)
533-4 Sec. 2106.004. TECHNICAL ASSISTANCE. The office of the
533-5 governor shall provide to a state agency on request technical
533-6 assistance for developing the agency's indirect cost recovery plan.
533-7 (V.A.C.S. Art. 6252-5f, Sec. 3(c).)
533-8 Sec. 2106.005. AGENCY RECOVERY OF INDIRECT COSTS. A state
533-9 agency shall implement its indirect cost recovery plan by:
533-10 (1) applying for reimbursement for federally
533-11 reimbursable indirect costs; and
533-12 (2) when permitted by law, setting fees and billing
533-13 rates at amounts sufficient to recover the indirect costs of the
533-14 agency. (V.A.C.S. Art. 6252-5f, Sec. 3(b).)
533-15 Sec. 2106.006. GENERAL REVENUE FUND REIMBURSEMENT. (a) A
533-16 state agency that receives federal money for federally reimbursable
533-17 indirect costs shall send to the state treasurer for deposit to the
533-18 credit of the general revenue fund the lesser of:
533-19 (1) the amount received for federally reimbursable
533-20 indirect costs; or
533-21 (2) the amount allocated to the agency in the
533-22 governor's statewide cost allocation plan for the cost of providing
533-23 statewide support services to the agency.
533-24 (b) This section does not apply to money received by a state
533-25 agency for federally reimbursable indirect costs to the extent that
533-26 the agency has previously paid another state agency for services
533-27 for which the first agency has been reimbursed. (V.A.C.S. Art.
534-1 6252-5f, Secs. 4(a), (c).)
534-2 Sec. 2106.007. APPROPRIATION OF FEDERALLY REIMBURSED
534-3 INDIRECT COSTS. (a) The legislature may appropriate to a state
534-4 agency for any purpose the amount of federal money the agency is
534-5 estimated to receive for federally reimbursable indirect costs
534-6 during a fiscal biennium.
534-7 (b) The appropriation for a state agency may include the
534-8 amount of federal money for federally reimbursable indirect costs
534-9 that the agency recovers during a fiscal biennium that exceeds the
534-10 estimated amount. (V.A.C.S. Art. 6252-5f, Sec. 4(b).)
534-11 CHAPTER 2107. COLLECTION OF DELINQUENT OBLIGATIONS TO STATE
534-12 Sec. 2107.001. DEFINITIONS
534-13 Sec. 2107.002. AGENCY COLLECTION PROCESS
534-14 Sec. 2107.003. COLLECTION BY ATTORNEY GENERAL OR OUTSIDE
534-15 AGENT
534-16 Sec. 2107.004. NOTICE TO ATTORNEY GENERAL FOR FURTHER
534-17 COLLECTION
534-18 Sec. 2107.005. REPORTS TO ATTORNEY GENERAL
534-19 Sec. 2107.006. ATTORNEY'S FEES AND COSTS
534-20 Sec. 2107.007. RETENTION OF COLLECTION FEE
534-21 CHAPTER 2107. COLLECTION OF DELINQUENT OBLIGATIONS TO STATE
534-22 Sec. 2107.001. DEFINITIONS. In this chapter:
534-23 (1) "Obligation" includes a debt, judgment, claim,
534-24 account, fee, fine, tax, penalty, interest, loan, charge, or grant.
534-25 (2) "State agency" means an agency, board, commission,
534-26 institution, or other unit of state government. (V.A.C.S. Art.
534-27 6252-5e, Sec. 1.)
535-1 Sec. 2107.002. AGENCY COLLECTION PROCESS. (a) The attorney
535-2 general shall adopt uniform guidelines for the process by which a
535-3 state agency collects delinquent obligations owed to the agency.
535-4 (b) A state agency that collects delinquent obligations owed
535-5 to the agency shall establish procedures by rule for collecting a
535-6 delinquent obligation and a reasonable period for collection. The
535-7 rules must conform to the guidelines established by the attorney
535-8 general.
535-9 (c) Until a state agency adopts rules under this section,
535-10 the attorney general by rule may establish collection procedures
535-11 for the agency, including the period for collecting a delinquent
535-12 obligation. (V.A.C.S. Art. 6252-5e, Sec. 2(a) (part).)
535-13 Sec. 2107.003. COLLECTION BY ATTORNEY GENERAL OR OUTSIDE
535-14 AGENT. (a) A state agency shall request the attorney general to
535-15 collect an obligation before the agency may employ, retain, or
535-16 contract with a person other than a full-time employee of the state
535-17 agency to collect the obligation.
535-18 (b) The attorney general may authorize the requesting state
535-19 agency to employ, retain, or contract with a person other than a
535-20 full-time employee of the agency to collect an obligation that the
535-21 attorney general cannot collect. (V.A.C.S. Art. 6252-5e, Sec. 4.)
535-22 Sec. 2107.004. NOTICE TO ATTORNEY GENERAL FOR FURTHER
535-23 COLLECTION. Not later than the 30th day after the date a state
535-24 agency determines that normal agency collection procedures for an
535-25 obligation owed the agency have failed, the agency shall report the
535-26 uncollected and delinquent obligation to the attorney general for
535-27 further collection efforts. (V.A.C.S. Art. 6252-5e, Sec. 2(a)
536-1 (part).)
536-2 Sec. 2107.005. REPORTS TO ATTORNEY GENERAL. The attorney
536-3 general may develop specific reporting procedures for each state
536-4 agency and may adopt rules relating to the reports, including rules
536-5 specifying when an agency must report and what information must be
536-6 included in the report. (V.A.C.S. Art. 6252-5e, Sec. 2(b).)
536-7 Sec. 2107.006. ATTORNEY'S FEES AND COSTS. In any proceeding
536-8 under this chapter or other law in which the state seeks to collect
536-9 or recover a delinquent obligation or damages, the attorney general
536-10 may recover reasonable attorney's fees, investigative costs, and
536-11 court costs incurred on behalf of the state in the proceeding in
536-12 the same manner as provided by general law for a private litigant.
536-13 (V.A.C.S. Art. 6252-5e, Sec. 3.)
536-14 Sec. 2107.007. RETENTION OF COLLECTION FEE. (a) An
536-15 obligation reported to the attorney general for collection under
536-16 this chapter is subject to a collection fee for the use and benefit
536-17 of the attorney general as provided by legislative appropriation.
536-18 (b) The attorney general may retain the amount of the
536-19 collection fee from the amount of the obligation collected.
536-20 (c) A collection fee may not be retained from amounts
536-21 collected for the unemployment compensation fund established by
536-22 Section 9, Texas Unemployment Compensation Act (Article 5221b-7,
536-23 Vernon's Texas Civil Statutes). (V.A.C.S. Art. 6252-5e, Sec. 5
536-24 (part).)
536-25 CHAPTER 2108. EMPLOYEE INCENTIVE AND AGENCY PRODUCTIVITY
536-26 SUBCHAPTER A. GENERAL PROVISIONS
536-27 Sec. 2108.001. DEFINITION
537-1 Sec. 2108.002. COMMISSION
537-2 Sec. 2108.003. COMMISSION COMPOSITION; PRESIDING OFFICER;
537-3 TERMS
537-4 Sec. 2108.004. COMMISSION POWERS AND DUTIES
537-5 Sec. 2108.005. EXECUTIVE DIRECTOR; STAFF
537-6 Sec. 2108.006. REPORT
537-7 Sec. 2108.007. APPLICATION OF SUNSET ACT
537-8 (Sections 2108.008-2108.020 reserved for expansion)
537-9 SUBCHAPTER B. STATE EMPLOYEE INCENTIVE PROGRAM
537-10 Sec. 2108.021. DEFINITIONS
537-11 Sec. 2108.022. STATE EMPLOYEE INCENTIVE PROGRAM
537-12 Sec. 2108.023. AWARDS
537-13 Sec. 2108.024. EMPLOYEE ELIGIBILITY
537-14 Sec. 2108.025. EMPLOYEE STATUS; FORMER EMPLOYEES
537-15 Sec. 2108.026. ELIGIBLE SUGGESTION
537-16 Sec. 2108.027. MULTIPLE AND JOINT SUGGESTIONS
537-17 Sec. 2108.028. AGENCY COORDINATOR
537-18 Sec. 2108.029. ELIGIBILITY DETERMINATION BY AGENCY
537-19 COORDINATOR
537-20 Sec. 2108.030. PROCEDURE
537-21 Sec. 2108.031. COMMISSION AS ARBITER; APPEAL
537-22 Sec. 2108.032. REEVALUATION OF SUGGESTION
537-23 Sec. 2108.033. SUGGESTION ADOPTED BEFORE SUBMISSION TO AGENCY
537-24 COORDINATOR
537-25 Sec. 2108.034. SUGGESTION REQUIRING LEGISLATIVE ACTION
537-26 Sec. 2108.035. CONFIDENTIALITY
537-27 Sec. 2108.036. CLAIMS ASSIGNED TO STATE
538-1 Sec. 2108.037. FUNDS TRANSFER
538-2 Sec. 2108.038. SPECIAL FUND
538-3 Sec. 2108.039. CHANGE TO INCENTIVE PROGRAM
538-4 (Sections 2108.040-2108.100 reserved for expansion)
538-5 SUBCHAPTER C. PRODUCTIVITY BONUS PROGRAM
538-6 Sec. 2108.101. DEFINITIONS
538-7 Sec. 2108.102. PLAN
538-8 Sec. 2108.103. APPLICATION
538-9 Sec. 2108.104. QUALIFICATIONS FOR PRODUCTIVITY BONUS
538-10 Sec. 2108.105. NOTICE OF AWARD
538-11 Sec. 2108.106. AWARD TO EMPLOYEES
538-12 Sec. 2108.107. AWARD TO STATE AGENCY OR DIVISION
538-13 Sec. 2108.108. DETERMINATION OF COST REDUCTION
538-14 Sec. 2108.109. PRODUCTIVITY BONUS FUND; AGENCY AND DIVISION
538-15 ACCOUNTS
538-16 Sec. 2108.110. LEGISLATIVE INTENT
538-17 CHAPTER 2108. EMPLOYEE INCENTIVE AND AGENCY PRODUCTIVITY
538-18 SUBCHAPTER A. GENERAL PROVISIONS
538-19 Sec. 2108.001. DEFINITION. In this chapter, "commission"
538-20 means the Texas Incentive and Productivity Commission. (V.A.C.S.
538-21 Art. 6252-29a, Sec. 1.001.)
538-22 Sec. 2108.002. COMMISSION. The commission is a state
538-23 agency. (V.A.C.S. Art. 6252-29a, Sec. 1.002.)
538-24 Sec. 2108.003. COMMISSION COMPOSITION; PRESIDING OFFICER;
538-25 TERMS. (a) The commission is composed of:
538-26 (1) the governor;
538-27 (2) the lieutenant governor;
539-1 (3) the comptroller;
539-2 (4) the state treasurer;
539-3 (5) the agency administrator of the Texas Employment
539-4 Commission;
539-5 (6) the chairman of the Texas Higher Education
539-6 Coordinating Board or the chairman's designee; and
539-7 (7) three public members appointed by the governor who
539-8 have experience in the administration of bonus, incentive, or
539-9 related programs used in private industry.
539-10 (b) A commission member who is an elected official may
539-11 designate another individual to act in the official's place as a
539-12 voting member of the commission.
539-13 (c) The governor or the governor's designee serves as
539-14 presiding officer of the commission.
539-15 (d) Public members serve a two-year term, with the term of
539-16 one member expiring February 1 of each even-numbered year and the
539-17 term of two members expiring February 1 of each odd-numbered year.
539-18 (V.A.C.S. Art. 6252-29a, Sec. 1.003.)
539-19 Sec. 2108.004. COMMISSION POWERS AND DUTIES. (a) The
539-20 commission shall develop policies, procedures, and recordkeeping
539-21 measures to administer this chapter.
539-22 (b) The commission may adopt rules to carry out this
539-23 chapter.
539-24 (c) The commission may accept contributions or assistance
539-25 from private institutions and organizations and may request and
539-26 receive aid and assistance from the governor's office and other
539-27 state governmental bodies to effectively implement this chapter.
540-1 (V.A.C.S. Art. 6252-29a, Sec. 1.006.)
540-2 Sec. 2108.005. EXECUTIVE DIRECTOR; STAFF. (a) The
540-3 commission may hire an executive director and other staff necessary
540-4 to perform its functions.
540-5 (b) The commission may designate separate division directors
540-6 to oversee the administration of the state employee incentive
540-7 program under Subchapter B and the productivity bonus program under
540-8 Subchapter C. (V.A.C.S. Art. 6252-29a, Sec. 1.005.)
540-9 Sec. 2108.006. REPORT. Not later than January 1 before each
540-10 regular session of the legislature, the commission shall report in
540-11 writing to the governor, the lieutenant governor, and the speaker
540-12 of the house of representatives on the commission's activities,
540-13 decisions, awards, and recommendations. (V.A.C.S. Art. 6252-29a,
540-14 Sec. 1.007.)
540-15 Sec. 2108.007. APPLICATION OF SUNSET ACT. The Texas
540-16 Incentive and Productivity Commission is subject to Chapter 325
540-17 (Texas Sunset Act). Unless continued in existence as provided by
540-18 that chapter, the commission is abolished and this chapter expires
540-19 September 1, 2001. (V.A.C.S. Art. 6252-29a, Sec. 1.004.)
540-20 (Sections 2108.008-2108.020 reserved for expansion)
540-21 SUBCHAPTER B. STATE EMPLOYEE INCENTIVE PROGRAM
540-22 Sec. 2108.021. DEFINITIONS. In this subchapter:
540-23 (1) "Agency coordinator" means a state employee who is
540-24 designated by the executive director of the employee's agency to
540-25 act as the liaison between that agency and the commission.
540-26 (2) "Award" means a bonus or certificate of
540-27 appreciation.
541-1 (3) "Bonus" means a monetary award that is granted to
541-2 a state employee in payment for an employee suggestion.
541-3 (4) "Certificate of appreciation" means a nonmonetary
541-4 award that is granted to a state employee in recognition of an
541-5 employee suggestion.
541-6 (5) "Incentive program" means the state employee
541-7 incentive program.
541-8 (6) "State agency" means a department, commission,
541-9 board, office, or other agency in the executive or judicial branch
541-10 of government that is created under the constitution or a statute
541-11 of this state.
541-12 (7) "State employee" means an employee of a state
541-13 agency and does not include an elected or appointed agency
541-14 official. (V.A.C.S. Art. 6252-29a, Secs. 2.001, 2.004(b).)
541-15 Sec. 2108.022. STATE EMPLOYEE INCENTIVE PROGRAM. (a) The
541-16 purposes of the state employee incentive program are to:
541-17 (1) reduce state expenditures, increase state
541-18 revenues, and improve the quality of state services; and
541-19 (2) recognize the contributions made by certain state
541-20 employees in achieving the goals described in Subdivision (1).
541-21 (b) An employee may be compensated for a suggestion under
541-22 the incentive program only as provided by this subchapter.
541-23 (V.A.C.S. Art. 6252-29a, Secs. 2.002(a), 2.008(a) (part).)
541-24 Sec. 2108.023. AWARDS. (a) From funds appropriated or
541-25 otherwise available for this purpose, the commission may grant an
541-26 award to an eligible state employee who makes a suggestion that:
541-27 (1) reduces state expenditures, increases state
542-1 revenues, increases agency productivity, or improves the quality of
542-2 state services; and
542-3 (2) is approved and implemented.
542-4 (b) The commission may grant an award, and the comptroller
542-5 may transfer funds under this subchapter, before the end of the
542-6 first year in which a suggestion is implemented.
542-7 (c) An award or transfer of funds must be computed on the
542-8 net annual actual or projected savings or increased revenues,
542-9 including savings or increased revenues that result from increased
542-10 productivity, that are certified by the affected state agency and
542-11 the commission.
542-12 (d) An employee is eligible for a bonus of 10 percent of the
542-13 net savings or revenue increases, not to exceed an award of $5,000,
542-14 if the employee's suggestion results in savings or increased
542-15 revenues, including savings or increased revenues that result from
542-16 increased productivity, that:
542-17 (1) can be computed using a cost-benefit analysis; and
542-18 (2) equal or exceed $100 after implementation costs.
542-19 (e) An employee is not eligible for a bonus but may be
542-20 recognized by a certificate of appreciation if the employee's
542-21 suggestion results in:
542-22 (1) intangible savings or benefits that cannot be
542-23 computed using a cost-benefit analysis; or
542-24 (2) a net annual savings or increase in revenues of
542-25 less than $100.
542-26 (f) The commission may also issue a certificate of
542-27 appreciation to each employee who is granted a bonus under this
543-1 subchapter. (V.A.C.S. Art. 6252-29a, Secs. 2.002(b), (c), (d),
543-2 (e).)
543-3 Sec. 2108.024. EMPLOYEE ELIGIBILITY. Each state employee is
543-4 eligible to participate in the incentive program except an
543-5 employee:
543-6 (1) who has authority to implement the suggestion
543-7 being made;
543-8 (2) who is on an unpaid leave of absence;
543-9 (3) whose job description includes responsibility for
543-10 cost analysis, efficiency analysis, savings implementation, or
543-11 other similar programs in the employee's agency;
543-12 (4) who is involved in or has access to agency
543-13 research and development information used as the basis of the
543-14 suggestion; or
543-15 (5) whose job description or routine job duties
543-16 include developing the type of change in agency operations
543-17 recommended by the suggestion. (V.A.C.S. Art. 6252-29a, Sec.
543-18 2.004(a).)
543-19 Sec. 2108.025. EMPLOYEE STATUS; FORMER EMPLOYEES. (a) An
543-20 employee's eligibility under Section 2108.024 is determined on the
543-21 employee's status when the agency coordinator receives the original
543-22 employee suggestion.
543-23 (b) A former employee is eligible for an award if the
543-24 employee's suggestion is implemented on or before the second
543-25 anniversary of the date of final disposition of the suggestion. A
543-26 bonus granted to an employee who dies before the bonus is received
543-27 shall be paid to the employee's estate. (V.A.C.S. Art. 6252-29a,
544-1 Sec. 2.007(b).)
544-2 Sec. 2108.026. ELIGIBLE SUGGESTION. (a) To be eligible for
544-3 consideration under the incentive program an employee suggestion
544-4 must:
544-5 (1) be given to the agency coordinator;
544-6 (2) be in writing and in the form the commission
544-7 prescribes;
544-8 (3) be signed by the employee;
544-9 (4) propose a reasonable implementation method; and
544-10 (5) describe the type of cost savings or other benefit
544-11 the employee foresees if the suggestion is adopted.
544-12 (b) An employee is not eligible to receive an award under
544-13 this subchapter for a suggestion that:
544-14 (1) does not describe a method to achieve the desired
544-15 savings or benefit;
544-16 (2) proposes an idea under implementation or
544-17 consideration on the date the suggestion is given to the agency;
544-18 (3) relates only to personnel matters or grievances,
544-19 including employee classification or compensation;
544-20 (4) proposes a correction for a condition that
544-21 resulted only because applicable established procedures were not
544-22 properly followed; or
544-23 (5) proposes implementation of a policy or procedure
544-24 that the employee's agency adopted before the employee made the
544-25 suggestion to the agency. (V.A.C.S. Art. 6252-29a, Secs. 2.005(a)
544-26 (part), 2.006.)
544-27 Sec. 2108.027. MULTIPLE AND JOINT SUGGESTIONS. (a) If two
545-1 or more employees submit the same suggestion relating to the same
545-2 agency, the first suggestion that the agency coordinator receives
545-3 is eligible for consideration.
545-4 (b) If the same suggestion is received on the same day from
545-5 two or more employees working at different locations, a bonus
545-6 granted for the suggestion may be divided equally among the
545-7 employees.
545-8 (c) Two or more employees may submit a joint suggestion. A
545-9 bonus granted for the suggestion may be divided equally among the
545-10 employees. (V.A.C.S. Art. 6252-29a, Secs. 2.005(c), (d).)
545-11 Sec. 2108.028. AGENCY COORDINATOR. (a) Each state agency
545-12 shall designate an agency coordinator.
545-13 (b) An agency coordinator shall:
545-14 (1) promote employee participation in the incentive
545-15 program;
545-16 (2) obtain an impartial evaluation of each employee
545-17 suggestion;
545-18 (3) promote the implementation of adopted suggestions
545-19 by the agency;
545-20 (4) monitor the cost savings and other benefits that
545-21 result from the implementation of an employee suggestion;
545-22 (5) file reports with the commission as required by
545-23 commission rule; and
545-24 (6) arrange and conduct intraagency award ceremonies
545-25 to recognize agency employees who are granted awards under this
545-26 subchapter. (V.A.C.S. Art. 6252-29a, Sec. 2.003(a).)
545-27 Sec. 2108.029. ELIGIBILITY DETERMINATION BY AGENCY
546-1 COORDINATOR. (a) An agency coordinator shall make the initial
546-2 determination of the eligibility of an employee suggestion or of an
546-3 agency employee who makes a suggestion.
546-4 (b) An employee who is aggrieved by an eligibility
546-5 determination of an agency coordinator may request a
546-6 redetermination.
546-7 (c) The commission shall adopt rules to govern the
546-8 redetermination process. An agency coordinator shall give each
546-9 employee who makes a suggestion a copy of the commission rules
546-10 relating to redeterminations or reevaluations. (V.A.C.S. Art.
546-11 6252-29a, Sec. 2.003(b).)
546-12 Sec. 2108.030. PROCEDURE. (a) Not later than the 90th day
546-13 after the date an agency coordinator receives an employee
546-14 suggestion, the agency coordinator shall send the suggestion and
546-15 the evaluation of the suggestion to the commission for further
546-16 analysis and comment regarding implementation. If, after any
546-17 necessary analysis, the commission determines that the suggestion
546-18 has merit, the commission shall refer the suggestion to each
546-19 appropriate state agency for proposed adoption and implementation.
546-20 (b) Not later than the 30th day after the date the
546-21 commission makes a final determination on adoption or rejection of
546-22 an employee suggestion, the commission shall notify in writing each
546-23 employee who proposed the suggestion of the commission's
546-24 determination.
546-25 (c) Final adoption of an employee suggestion is at the
546-26 discretion of the chief administrative officers of each agency. An
546-27 agency that implements a suggestion proposed under this subchapter
547-1 shall provide information the commission requests that is necessary
547-2 to compute the amount of savings or other benefits derived from the
547-3 suggestion. (V.A.C.S. Art. 6252-29a, Secs. 2.005(a) (part), (e),
547-4 (f).)
547-5 Sec. 2108.031. COMMISSION AS ARBITER; APPEAL. (a) The
547-6 commission is the final arbiter of any dispute arising from the
547-7 implementation of the incentive program or from eligibility
547-8 determination.
547-9 (b) An employee may not appeal a commission decision to a
547-10 court. (V.A.C.S. Art. 6252-29a, Secs. 2.002(g), 2.008(a) (part).)
547-11 Sec. 2108.032. REEVALUATION OF SUGGESTION. An employee
547-12 whose suggestion has been rejected may request a reevaluation of
547-13 the suggestion if the employee has reasonable grounds to believe
547-14 that the importance of the suggestion has been overlooked or
547-15 misinterpreted. The employee must make the request in writing not
547-16 later than the 30th day after the date the employee receives notice
547-17 of the rejection. The employee shall provide any additional
547-18 information that the employee considers useful to the reevaluation.
547-19 (V.A.C.S. Art. 6252-29a, Sec. 2.007(c).)
547-20 Sec. 2108.033. SUGGESTION ADOPTED BEFORE SUBMISSION TO
547-21 AGENCY COORDINATOR. The commission may grant a bonus or issue a
547-22 certificate of appreciation to an employee who makes a suggestion
547-23 that results in an agency's adopting a policy or procedure before
547-24 the suggestion is submitted to the agency coordinator if the
547-25 employee or agency demonstrates to the commission that:
547-26 (1) the employee making the suggestion is eligible
547-27 under this subchapter;
548-1 (2) the suggestion is eligible under this subchapter;
548-2 (3) the employee proposed a reasonable method of
548-3 implementation and described the type of savings or benefit
548-4 foreseen to the agency before agency implementation; and
548-5 (4) the agency adopted the policy or procedure as a
548-6 result of the suggestion. (V.A.C.S. Art. 6252-29a, Sec. 2.005(g).)
548-7 Sec. 2108.034. SUGGESTION REQUIRING LEGISLATIVE ACTION. The
548-8 commission shall note a suggestion that requires legislative
548-9 action. If, as a direct result of an employee suggestion,
548-10 legislation is passed to implement the suggestion, the commission
548-11 shall consider the suggestion for an award. The employee's agency
548-12 coordinator shall notify the commission if implementing legislation
548-13 is passed. (V.A.C.S. Art. 6252-29a, Sec. 2.005(b).)
548-14 Sec. 2108.035. CONFIDENTIALITY. On request of an employee
548-15 who has made a suggestion under this subchapter, the commission to
548-16 the greatest extent possible shall maintain the employee's
548-17 confidentiality in the evaluation or award process. (V.A.C.S. Art.
548-18 6252-29a, Sec. 2.007(a).)
548-19 Sec. 2108.036. CLAIMS ASSIGNED TO STATE. By submitting a
548-20 suggestion under this subchapter, an employee agrees with the state
548-21 that a claim of the employee based on the suggestion, including a
548-22 patent, copyright, trademark, or other similar claim, is assigned
548-23 to the state. (V.A.C.S. Art. 6252-29a, Sec. 2.008(b).)
548-24 Sec. 2108.037. FUNDS TRANSFER. (a) The comptroller shall
548-25 transfer the amount certified by the commission and the affected
548-26 agency as the actual or projected savings or increased revenues
548-27 attributable to an implemented suggestion from a fund affected by
549-1 the savings or increased revenues.
549-2 (b) The comptroller shall transfer the amount certified
549-3 under Subsection (a) as follows:
549-4 (1) 40 percent to the fund from which the original
549-5 appropriation to the affected fund was made;
549-6 (2) 40 percent to an appropriate fund from which the
549-7 affected agency may award merit pay increases to individuals in the
549-8 agency; and
549-9 (3) 20 percent to the special fund established for the
549-10 commission under Section 2108.038.
549-11 (c) If increased productivity attributable to an implemented
549-12 suggestion results in savings or increased revenues that can be
549-13 computed as provided by Section 2108.023(c) but that will not
549-14 permit the affected agency to transfer or to have an unexpended
549-15 balance of appropriated money, the commission and the affected
549-16 agency shall certify the amount of actual or projected savings or
549-17 increased revenues that are attributable to the suggestion, and the
549-18 comptroller shall transfer 20 percent of that amount from a fund
549-19 affected by the savings or increased revenues to the special fund
549-20 established under Section 2108.038. (V.A.C.S. Art. 6252-29a, Sec.
549-21 2.002(f) (part).)
549-22 Sec. 2108.038. SPECIAL FUND. (a) An amount transferred
549-23 under Section 2108.037(b)(3) or (c) shall be deposited in the state
549-24 treasury to the credit of a special fund. Money in the fund may be
549-25 used by the commission for bonuses awarded under this subchapter
549-26 and to administer the commission.
549-27 (b) The comptroller shall transfer any amount remaining in
550-1 the special fund on the last day of a state fiscal biennium to the
550-2 general revenue fund or other funds as appropriate. (V.A.C.S. Art.
550-3 6252-29a, Sec. 2.002(f) (part).)
550-4 Sec. 2108.039. CHANGE TO INCENTIVE PROGRAM. The state may
550-5 change or terminate the incentive program at any time without prior
550-6 notice. (V.A.C.S. Art. 6252-29a, Sec. 2.008(a) (part).)
550-7 (Sections 2108.040-2108.100 reserved for expansion)
550-8 SUBCHAPTER C. PRODUCTIVITY BONUS PROGRAM
550-9 Sec. 2108.101. DEFINITIONS. In this subchapter:
550-10 (1) "Division" means a unit of a state agency that:
550-11 (A) has an identifiable self-contained budget;
550-12 or
550-13 (B) maintains its financial records under an
550-14 accounting system that permits the accurate identification of the
550-15 unit's expenditures and receipts.
550-16 (2) "Productivity bonus" means a cash bonus awarded to
550-17 an eligible state agency or division in recognition of increased
550-18 productivity.
550-19 (3) "State agency" means a department, commission,
550-20 board, office, or other agency in the executive or judicial branch
550-21 of state government, but does not include:
550-22 (A) the office of the governor; or
550-23 (B) an institution of higher education, as
550-24 defined by Section 61.003, Education Code. (V.A.C.S. Art.
550-25 6252-29a, Sec. 3.001.)
550-26 Sec. 2108.102. PLAN. (a) Before a state agency may apply
550-27 for a productivity bonus for the agency or a division of the
551-1 agency, the commission must approve an agency plan submitted by the
551-2 agency's executive director. The plan must outline a strategy to
551-3 be followed by the agency or division that, if implemented, would
551-4 qualify the agency or division for a productivity bonus.
551-5 (b) The commission may return a plan to the executive
551-6 director to request additional information or clarification of
551-7 details relating to the plan.
551-8 (c) Not later than the 30th day after the date the
551-9 commission receives the plan, the commission shall approve or
551-10 reject the plan and inform the executive director in writing of its
551-11 decision. (V.A.C.S. Art. 6252-29a, Sec. 3.002.)
551-12 Sec. 2108.103. APPLICATION. (a) After approval of a plan
551-13 under Section 2108.102, the executive director of a state agency
551-14 may apply to the commission for a productivity bonus for the agency
551-15 or one of the agency's divisions. To apply, the executive director
551-16 must provide the commission with evaluation components developed by
551-17 the agency or division that permit a quantitative measure of the
551-18 agency's or division's productivity and performance.
551-19 (b) The application must be:
551-20 (1) in the form the commission prescribes;
551-21 (2) approved by the executive director of the agency;
551-22 and
551-23 (3) submitted not later than the 30th day before the
551-24 last day of the fiscal year. (V.A.C.S. Art. 6252-29a, Sec. 3.003.)
551-25 Sec. 2108.104. QUALIFICATIONS FOR PRODUCTIVITY BONUS. (a)
551-26 The commission may not award a productivity bonus unless the
551-27 commission determines that:
552-1 (1) the state agency or division has demonstrated that
552-2 during the fiscal year the agency or division operated at a lower
552-3 cost than the amount appropriated to the agency or division for
552-4 that fiscal year without a decrease in the level of services
552-5 required to be rendered by the agency or division during that year;
552-6 and
552-7 (2) the cost of operation that the agency or division
552-8 claims is not the result, in whole or part, of:
552-9 (A) lowering of the quality of services
552-10 rendered;
552-11 (B) reduced pass-through or transfer
552-12 expenditures;
552-13 (C) receipts exceeding budgeted amounts;
552-14 (D) failure to implement a merited promotion,
552-15 reclassification, or authorized salary increase;
552-16 (E) postponement of a scheduled purchase,
552-17 repair, or payment of accounts to a future fiscal year;
552-18 (F) stockpiling of inventory in the preceding
552-19 fiscal year to reduce requirements during the fiscal year;
552-20 (G) substitution of nonstate funds for state
552-21 appropriations; or
552-22 (H) another practice, event, or device that the
552-23 commission determines has caused a distortion that results in an
552-24 inaccurate claimed cost of operation.
552-25 (b) For the purposes of Subsection (a)(1), if an
552-26 appropriation for a fiscal biennium is not divided between the
552-27 fiscal years, the commission shall base its determination on the
553-1 amount reasonably attributable to the fiscal year involved.
553-2 (c) The commission shall consider as legitimate savings a
553-3 reduction in expenditures made possible by:
553-4 (1) reduction in overtime for eligible employees;
553-5 (2) elimination of:
553-6 (A) consultant fees;
553-7 (B) budgeted positions;
553-8 (C) unnecessary travel, printing, and mailing;
553-9 and
553-10 (D) payments for unnecessary advertising,
553-11 membership dues, and subscriptions and other nonessential
553-12 expenditures of the agency's or division's funds;
553-13 (3) increased efficiency in energy use;
553-14 (4) improved office procedures and systems; and
553-15 (5) another practice or device that the commission
553-16 determines has resulted in verifiable savings. (V.A.C.S. Art.
553-17 6252-29a, Sec. 3.004.)
553-18 Sec. 2108.105. NOTICE OF AWARD. If the commission
553-19 determines that a state agency or division qualifies for a
553-20 productivity bonus, the commission shall notify the executive
553-21 director of the agency. (V.A.C.S. Art. 6252-29a, Sec. 3.007(a).)
553-22 Sec. 2108.106. AWARD TO EMPLOYEES. (a) The commission
553-23 shall award eligible employees of an agency or division an amount
553-24 not to exceed 25 percent of the amount in the agency's or
553-25 division's productivity bonus account. The awarded amount shall be
553-26 distributed in equal shares to the eligible current employees of
553-27 the agency or division. A bonus awarded to an individual employee
554-1 may not exceed $1,000.
554-2 (b) An eligible employee who worked for less than the entire
554-3 fiscal year or who worked part-time is entitled to a proportional
554-4 share computed on the part of the fiscal year or the average part
554-5 of the work week, as applicable, that the employee worked.
554-6 (c) An employee is eligible under this section if the
554-7 employee:
554-8 (1) is an hourly, part-time, or temporary employee;
554-9 (2) is a classified employee under Chapter 654; or
554-10 (3) performs functions equivalent to functions
554-11 performed by a classified employee in another state agency.
554-12 (V.A.C.S. Art. 6252-29a, Sec. 3.007(b).)
554-13 Sec. 2108.107. AWARD TO STATE AGENCY OR DIVISION. If the
554-14 commission awards a productivity bonus to a state agency or
554-15 division of a state agency, the balance in the agency's or
554-16 division's productivity bonus account, as appropriate, shall be
554-17 distributed as follows:
554-18 (1) one-third shall be appropriated to the agency for
554-19 use by the agency's administration to promote agency productivity
554-20 during the subsequent fiscal year; and
554-21 (2) two-thirds shall be credited to the fund from
554-22 which the original agency or division appropriation was made.
554-23 (V.A.C.S. Art. 6252-29a, Secs. 3.007(c), (d).)
554-24 Sec. 2108.108. DETERMINATION OF COST REDUCTION. (a) At the
554-25 end of a fiscal year the commission shall compare the expenditures
554-26 of a state agency or division that participates in the productivity
554-27 bonus program for the fiscal year with the agency's or division's
555-1 appropriation for that fiscal year or, if appropriate, the amount
555-2 attributable to that year. The commission shall determine the
555-3 amount by which the agency or division has reduced its cost of
555-4 operations during the fiscal year.
555-5 (b) The commission shall make any necessary adjustments in
555-6 its determination to eliminate distortions. The commission may
555-7 consider legislative increases in employee compensation and
555-8 inflationary increases in the cost of services, materials, and
555-9 supplies. (V.A.C.S. Art. 6252-29a, Sec. 3.006.)
555-10 Sec. 2108.109. PRODUCTIVITY BONUS FUND; AGENCY AND DIVISION
555-11 ACCOUNTS. (a) The productivity bonus fund is in the state
555-12 treasury. Money in the fund may be used for payment of bonuses
555-13 under this subchapter and may be appropriated only as provided by
555-14 this subchapter.
555-15 (b) The state treasurer shall create in the productivity
555-16 bonus fund a productivity bonus account for each state agency or
555-17 division participating in the productivity bonus program and an
555-18 account for the commission.
555-19 (c) During each fiscal year the executive director of an
555-20 eligible agency shall monitor agency or division activities and
555-21 estimate the savings resulting from increased economy and
555-22 efficiency. At the end of the fiscal year the executive director
555-23 shall certify the amount of savings to the comptroller. The
555-24 comptroller shall transfer three-fourths of that amount from the
555-25 appropriation of the state agency to the agency's or division's
555-26 productivity bonus account and one-fourth of that amount from the
555-27 appropriation of the state agency to the commission's account.
556-1 (d) The commission may use the amount in its account to
556-2 administer this chapter. (V.A.C.S. Art. 6252-29a, Sec. 3.005.)
556-3 Sec. 2108.110. LEGISLATIVE INTENT. The legislature intends
556-4 that a state agency or division that reduces its cost of operations
556-5 and qualifies for a productivity bonus under this chapter may not
556-6 be penalized for those savings through a corresponding reduction in
556-7 appropriations for the subsequent fiscal biennium. (V.A.C.S. Art.
556-8 6252-29a, Sec. 3.007(e).)
556-9 CHAPTER 2109. VOLUNTEERS
556-10 Sec. 2109.001. DEFINITIONS
556-11 Sec. 2109.002. USE OF VOLUNTEERS FOR HUMAN SERVICES
556-12 Sec. 2109.003. DEVELOPMENT OF PROGRAMS
556-13 Sec. 2109.004. PROGRAM REQUIREMENTS AND GUIDELINES
556-14 Sec. 2109.005. MERIT PAY; PERFORMANCE EVALUATIONS
556-15 Sec. 2109.006. STATE BUDGET RECOMMENDATIONS
556-16 CHAPTER 2109. VOLUNTEERS
556-17 Sec. 2109.001. DEFINITIONS. In this chapter:
556-18 (1) "Governmental entity" means a state agency or any
556-19 other governmental entity supported in whole or in part by funds
556-20 received from the state.
556-21 (2) "Human services" means providing for basic human
556-22 mental or physical needs. (V.A.C.S. Art. 6252-11e, Sec. 1; New.)
556-23 Sec. 2109.002. USE OF VOLUNTEERS FOR HUMAN SERVICES. A
556-24 governmental entity that provides human services shall use
556-25 volunteers, if feasible, to assist in providing human services of a
556-26 high quality. (V.A.C.S. Art. 6252-11e, Sec. 2.)
556-27 Sec. 2109.003. DEVELOPMENT OF PROGRAMS. (a) Each
557-1 governmental entity shall develop a volunteer program.
557-2 (b) In developing the program, the governmental entity shall
557-3 consider volunteers a resource that requires advance planning and
557-4 preparation for effective use.
557-5 (c) The governmental entity shall include, if practicable,
557-6 volunteers in addition to paid staff in planning the implementation
557-7 of the program. (V.A.C.S. Art. 6252-11e, Secs. 3(a), (b), (c).)
557-8 Sec. 2109.004. PROGRAM REQUIREMENTS AND GUIDELINES. (a) A
557-9 volunteer program must include:
557-10 (1) an effective training program for paid staff and
557-11 prospective volunteers;
557-12 (2) the use of paid staff to plan and implement the
557-13 volunteer program;
557-14 (3) an evaluation mechanism to assess:
557-15 (A) the performance of the volunteers;
557-16 (B) the cooperation of paid staff with the
557-17 volunteers; and
557-18 (C) the volunteer program; and
557-19 (4) follow-up studies to ensure the effectiveness of
557-20 the volunteer program.
557-21 (b) A volunteer program may:
557-22 (1) establish a program to reimburse volunteers for
557-23 actual and necessary expenses incurred in the performance of
557-24 volunteer services;
557-25 (2) establish an insurance program to protect
557-26 volunteers in the performance of volunteer services;
557-27 (3) cooperate with private organizations that provide
558-1 services similar to those provided by the governmental entity; and
558-2 (4) purchase engraved certificates, plaques, pins, or
558-3 awards of a similar nature, with a value that does not exceed $75
558-4 for each volunteer, to recognize special achievement and
558-5 outstanding services of volunteers.
558-6 (c) This section applies to a volunteer program of a
558-7 governmental entity, regardless of whether the governmental entity
558-8 provides human services. (V.A.C.S. Art. 6252-11e, Secs. 4, 5.)
558-9 Sec. 2109.005. MERIT PAY; PERFORMANCE EVALUATIONS. A
558-10 governmental entity that has a volunteer program shall consider the
558-11 use of volunteers in determining merit pay increases and
558-12 performance evaluations. (V.A.C.S. Art. 6252-11e, Sec. 3(d).)
558-13 Sec. 2109.006. STATE BUDGET RECOMMENDATIONS. During the
558-14 preparation of budget recommendations, the Legislative Budget Board
558-15 shall review the use of funds requested for volunteer programs.
558-16 (V.A.C.S. Art. 6252-11e, Sec. 3(e).)
558-17 (Chapters 2110-2150 reserved for expansion)
558-18 SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
558-19 (Chapters 2151-2200 reserved for expansion)
558-20 SUBTITLE E. GOVERNMENT PROPERTY
558-21 CHAPTER 2201. TEXAS CAPITAL TRUST FUND
558-22 Sec. 2201.001. TEXAS CAPITAL TRUST FUND
558-23 Sec. 2201.002. USE OF FUND
558-24 Sec. 2201.003. RELATION TO GENERAL REVENUE FUND
558-25 SUBTITLE E. GOVERNMENT PROPERTY
558-26 CHAPTER 2201. TEXAS CAPITAL TRUST FUND
558-27 Sec. 2201.001. TEXAS CAPITAL TRUST FUND. The Texas capital
559-1 trust fund is in the state treasury. (V.A.C.S. Art. 601e, Sec. 1
559-2 (part).)
559-3 Sec. 2201.002. USE OF FUND. (a) The fund may be used only
559-4 to finance:
559-5 (1) the acquisition, construction, repair,
559-6 improvement, or equipping of a building by a state agency for a
559-7 state purpose;
559-8 (2) the acquisition of real or personal property
559-9 necessary for a state agency to take an action described by
559-10 Subdivision (1); or
559-11 (3) the administration of the asset management
559-12 division of the General Land Office.
559-13 (b) The fund may not be used to pay for an activity of:
559-14 (1) the Texas Department of Transportation;
559-15 (2) an institution of higher education as defined by
559-16 Section 61.003, Education Code;
559-17 (3) the Texas State Technical College System;
559-18 (4) the Southwest Collegiate Institute for the Deaf;
559-19 (5) the Employees Retirement System of Texas; or
559-20 (6) the Teacher Retirement System of Texas. (V.A.C.S.
559-21 Art. 601e, Secs. 1 (part), 2.)
559-22 Sec. 2201.003. RELATION TO GENERAL REVENUE FUND. (a)
559-23 Income from the fund shall be deposited to the credit of the
559-24 general revenue fund.
559-25 (b) At the end of each fiscal biennium the unencumbered
559-26 balance of the fund in excess of $500 million shall be transferred
559-27 to the credit of the general revenue fund. (V.A.C.S. Art. 601e,
560-1 Sec. 3.)
560-2 CHAPTER 2202. SURPLUS PROPERTY AGENCY
560-3 SUBCHAPTER A. GENERAL PROVISIONS
560-4 Sec. 2202.001. DEFINITIONS
560-5 Sec. 2202.002. SUNSET PROVISION
560-6 (Sections 2202.003-2202.020 reserved for expansion)
560-7 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
560-8 Sec. 2202.021. COMPOSITION OF AGENCY
560-9 Sec. 2202.022. COMPOSITION OF BOARD
560-10 Sec. 2202.023. APPOINTMENTS
560-11 Sec. 2202.024. ELIGIBILITY
560-12 Sec. 2202.025. CONFLICTS OF INTEREST
560-13 Sec. 2202.026. INFORMATION ABOUT QUALIFICATIONS AND
560-14 STANDARDS OF CONDUCT
560-15 Sec. 2202.027. REMOVAL OF BOARD MEMBERS
560-16 Sec. 2202.028. TERMS
560-17 Sec. 2202.029. VACANCY
560-18 Sec. 2202.030. PRESIDING OFFICER; MEETINGS
560-19 Sec. 2202.031. PER DIEM; REIMBURSEMENT FOR EXPENSES
560-20 Sec. 2202.032. ADVISORY BOARDS OR COMMITTEES
560-21 Sec. 2202.033. PUBLIC INTEREST INFORMATION AND COMPLAINTS
560-22 Sec. 2202.034. PUBLIC ACCESS AND TESTIMONY
560-23 Sec. 2202.035. ANNUAL REPORT
560-24 (Sections 2202.036-2202.040 reserved for expansion)
560-25 SUBCHAPTER C. PERSONNEL
560-26 Sec. 2202.041. EXECUTIVE DIRECTOR
560-27 Sec. 2202.042. GENERAL POWERS AND DUTIES OF
561-1 EXECUTIVE DIRECTOR
561-2 Sec. 2202.043. PERSONNEL
561-3 Sec. 2202.044. MERIT PAY
561-4 Sec. 2202.045. CAREER LADDER
561-5 Sec. 2202.046. BOND ON CERTAIN EMPLOYEES
561-6 Sec. 2202.047. EQUAL EMPLOYMENT OPPORTUNITY POLICY
561-7 (Sections 2202.048-2202.060 reserved for expansion)
561-8 SUBCHAPTER D. POWERS AND DUTIES OF AGENCY
561-9 Sec. 2202.061. GENERAL POWERS AND DUTIES OF AGENCY
561-10 Sec. 2202.062. CONTRACTS
561-11 Sec. 2202.063. INFORMATION CLEARINGHOUSE
561-12 Sec. 2202.064. ACQUISITION OR IMPROVEMENT OF PROPERTY; RENT
561-13 PAYMENTS
561-14 Sec. 2202.065. CHARGES
561-15 Sec. 2202.066. FUND
561-16 (Sections 2202.067-2202.080 reserved for expansion)
561-17 SUBCHAPTER E. FEDERAL PROPERTY ADMINISTRATION
561-18 Sec. 2202.081. DESIGNATED AGENCY
561-19 Sec. 2202.082. ACQUISITION, WAREHOUSING, AND DISTRIBUTION
561-20 OF FEDERAL PROPERTY
561-21 Sec. 2202.083. FEDERAL SURPLUS REAL PROPERTY
561-22 CHAPTER 2202. SURPLUS PROPERTY AGENCY
561-23 SUBCHAPTER A. GENERAL PROVISIONS
561-24 Sec. 2202.001. DEFINITIONS. In this chapter:
561-25 (1) "Agency" means the Texas Surplus Property Agency.
561-26 (2) "Board" means the governing board of the Texas
561-27 Surplus Property Agency.
562-1 (3) "Federal Property and Administrative Services Act"
562-2 means the Federal Property and Administrative Services Act of 1949
562-3 (40 U.S.C. Section 484). (New.)
562-4 Sec. 2202.002. SUNSET PROVISION. The Texas Surplus Property
562-5 Agency is subject to Chapter 325 (Texas Sunset Act). Unless
562-6 continued in existence as provided by that chapter, the agency is
562-7 abolished and this chapter expires September 1, 2001. (V.A.C.S.
562-8 Art. 6252-6b, Sec. 1a.)
562-9 (Sections 2202.003-2202.020 reserved for expansion)
562-10 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
562-11 Sec. 2202.021. COMPOSITION OF AGENCY. The agency is
562-12 composed of:
562-13 (1) the board;
562-14 (2) an executive director; and
562-15 (3) other officers and employees required to carry out
562-16 this chapter effectively. (V.A.C.S. Art. 6252-6b, Sec. 1(a).)
562-17 Sec. 2202.022. COMPOSITION OF BOARD. The board is composed
562-18 of:
562-19 (1) the presiding officer of the General Services
562-20 Commission or the officer's designated representative; and
562-21 (2) nine representatives of the public appointed by
562-22 the governor with the advice and consent of the senate. (V.A.C.S.
562-23 Art. 6252-6b, Sec. 1(b) (part).)
562-24 Sec. 2202.023. APPOINTMENTS. Appointments to the board
562-25 shall be made without regard to the race, color, disability, sex,
562-26 religion, age, or national origin of the appointees. (V.A.C.S.
562-27 Art. 6252-6b, Sec. 1(b) (part).)
563-1 Sec. 2202.024. ELIGIBILITY. (a) An individual appointed to
563-2 the board must be an outstanding resident of this state who is
563-3 knowledgeable in property management.
563-4 (b) An individual is not eligible for appointment as a
563-5 public member of the board if the individual or the individual's
563-6 spouse:
563-7 (1) is employed by or participates in the management
563-8 of a business entity or other organization that receives property
563-9 from the agency;
563-10 (2) owns or controls, directly or indirectly, more
563-11 than a 10 percent interest in an organization that receives
563-12 property from the agency; or
563-13 (3) uses or receives a substantial amount of tangible
563-14 goods, services, or funds from the agency, other than compensation
563-15 or reimbursement authorized by law for board membership,
563-16 attendance, or expenses.
563-17 (c) A nonelective state officer or employee may be appointed
563-18 to the board if serving as a board member does not conflict with
563-19 holding the original office or position for which the officer or
563-20 employee receives compensation. (V.A.C.S. Art. 6252-6b, Secs. 1(b)
563-21 (part), (d), (f).)
563-22 Sec. 2202.025. CONFLICTS OF INTEREST. (a) An individual
563-23 may not serve as a member of the board or act as the general
563-24 counsel to the board if the individual is required to register as a
563-25 lobbyist under Chapter 305 because of the individual's activities
563-26 for compensation on behalf of a profession related to the operation
563-27 of the board.
564-1 (b) An officer, employee, or paid consultant of a Texas
564-2 trade association in surplus property management may not be a board
564-3 member or an agency employee who is exempt from the state's
564-4 position classification plan or is compensated at or above the
564-5 amount prescribed by the General Appropriations Act for step 1,
564-6 salary group 17, of the position classification salary schedule.
564-7 (c) An individual who is the spouse of an officer, manager,
564-8 or paid consultant of a Texas trade association in surplus property
564-9 management may not be a board member and may not be an agency
564-10 employee who is exempt from the state's position classification
564-11 plan or is compensated at or above the amount prescribed by the
564-12 General Appropriations Act for step 1, salary group 17, of the
564-13 position classification salary schedule.
564-14 (d) For the purposes of this section, a Texas trade
564-15 association is a nonprofit, cooperative, and voluntarily joined
564-16 association of business or professional competitors in this state
564-17 designed to assist its members and its industry or profession in
564-18 dealing with mutual business or professional problems and in
564-19 promoting their common interest. (V.A.C.S. Art. 6252-6b, Sec.
564-20 1b.)
564-21 Sec. 2202.026. INFORMATION ABOUT QUALIFICATIONS AND
564-22 STANDARDS OF CONDUCT. The board shall provide to its members and
564-23 agency employees, as often as necessary, information regarding
564-24 their qualifications for office or employment under this chapter
564-25 and their responsibilities under applicable laws relating to
564-26 standards of conduct for state officers or employees. (V.A.C.S.
564-27 Art. 6252-6b, Sec. 3a(c).)
565-1 Sec. 2202.027. REMOVAL OF BOARD MEMBERS. (a) It is a
565-2 ground for removal of an appointed member from the board if the
565-3 member:
565-4 (1) does not have at the time of appointment the
565-5 qualifications required by Section 2202.024(b);
565-6 (2) does not maintain during service on the board the
565-7 qualifications required by Section 2202.024(b);
565-8 (3) violates a prohibition established by Section
565-9 2202.025;
565-10 (4) cannot discharge because of illness or disability
565-11 the member's duties for a substantial part of the term for which
565-12 the member is appointed; or
565-13 (5) is absent from more than half of the regularly
565-14 scheduled board meetings that the member is eligible to attend
565-15 during a calendar year unless the absence is excused by majority
565-16 vote of the board.
565-17 (b) The validity of an action of the board is not affected
565-18 by the fact that it is taken when a ground for removal of a board
565-19 member exists.
565-20 (c) If the executive director has knowledge that a potential
565-21 ground for removal exists, the executive director shall notify the
565-22 presiding officer of the board of the ground. The presiding
565-23 officer shall then notify the governor that a potential ground for
565-24 removal exists. (V.A.C.S. Art. 6252-6b, Sec. 1c.)
565-25 Sec. 2202.028. TERMS. Public board members serve for
565-26 staggered six-year terms with the terms of three members expiring
565-27 February 1 of each odd-numbered year. (V.A.C.S. Art. 6252-6b,
566-1 Sec. 1(c) (part).)
566-2 Sec. 2202.029. VACANCY. The governor by appointment shall
566-3 fill the unexpired term of a vacancy on the board. (V.A.C.S.
566-4 Art. 6252-6b, Sec. 1(c) (part).)
566-5 Sec. 2202.030. PRESIDING OFFICER; MEETINGS. (a) The
566-6 governor shall designate a board member as presiding officer to
566-7 serve in that position at the pleasure of the governor.
566-8 (b) The board shall meet quarterly in regular session and at
566-9 other times at the call of the presiding officer when necessary to
566-10 transact agency business. (V.A.C.S. Art. 6252-6b, Secs. 1(e),
566-11 (g).)
566-12 Sec. 2202.031. PER DIEM; REIMBURSEMENT FOR EXPENSES. A
566-13 board member is entitled to receive per diem compensation for each
566-14 day the member performs an official duty and reimbursement for
566-15 actual and necessary expenses incurred in discharging an official
566-16 duty, as provided by the General Appropriations Act. (V.A.C.S.
566-17 Art. 6252-6b, Sec. 1(h).)
566-18 Sec. 2202.032. ADVISORY BOARDS OR COMMITTEES. The agency
566-19 may appoint advisory boards and committees necessary and suitable
566-20 to administer this chapter. (V.A.C.S. Art. 6252-6b, Sec. 4(i)
566-21 (part).)
566-22 Sec. 2202.033. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
566-23 (a) The board shall prepare information of public interest
566-24 describing the functions of the board and the agency and the
566-25 board's procedures by which complaints are filed with and resolved
566-26 by the board. The board shall make the information available to
566-27 the public and appropriate state agencies.
567-1 (b) The board by rule shall establish methods by which
567-2 consumers and service recipients are notified of the name, mailing
567-3 address, and telephone number of the agency for directing
567-4 complaints to the board.
567-5 (c) The agency shall keep an information file about each
567-6 complaint filed with the agency that the agency has authority to
567-7 resolve.
567-8 (d) If a written complaint is filed with the agency that the
567-9 agency has authority to resolve, the agency, at least quarterly and
567-10 until the final disposition of the complaint, shall notify parties
567-11 to the complaint of the status of the complaint unless the notice
567-12 would jeopardize an undercover investigation. (V.A.C.S. Art.
567-13 6252-6b, Secs. 3c(a), (b); 3d.)
567-14 Sec. 2202.034. PUBLIC ACCESS AND TESTIMONY. (a) The agency
567-15 shall prepare and maintain a written plan that describes how an
567-16 individual who does not speak English or who has a physical,
567-17 mental, or developmental disability can be provided reasonable
567-18 access to the agency's programs.
567-19 (b) The board shall develop and implement policies that
567-20 provide the public with a reasonable opportunity to appear before
567-21 the board and to speak on any issue under the jurisdiction of the
567-22 board. (V.A.C.S. Art. 6252-6b, Secs. 3c(c), (d).)
567-23 Sec. 2202.035. ANNUAL REPORT. (a) The board shall file
567-24 annually with the governor and the presiding officer of each house
567-25 of the legislature a complete and detailed written report
567-26 accounting for all funds received and disbursed by the agency
567-27 during the proceeding fiscal year.
568-1 (b) The annual report must be in the form and reported in
568-2 the time provided by the General Appropriations Act. (V.A.C.S.
568-3 Art. 6252-6b, Sec. 3b.)
568-4 (Sections 2202.036-2202.040 reserved for expansion)
568-5 SUBCHAPTER C. PERSONNEL
568-6 Sec. 2202.041. EXECUTIVE DIRECTOR. (a) The board shall
568-7 appoint the executive director, to be selected according to
568-8 education, training, experience, and demonstrated ability.
568-9 (b) The executive director serves at the pleasure of the
568-10 board.
568-11 (c) The executive director shall act as the board's
568-12 secretary and the agency's chief administrative officer.
568-13 (d) The executive director shall administer this chapter
568-14 under operational policies established by the board. (V.A.C.S.
568-15 Art. 6252-6b, Sec. 2.)
568-16 Sec. 2202.042. GENERAL POWERS AND DUTIES OF EXECUTIVE
568-17 DIRECTOR. (a) The executive director, with board approval, shall:
568-18 (1) adopt rules governing the protection of records
568-19 and confidential information;
568-20 (2) adopt rules establishing an accounting system to
568-21 accurately reflect the agency's financial transactions;
568-22 (3) adopt other rules the director finds necessary to
568-23 administer this chapter;
568-24 (4) make long-range and intermediate plans for the
568-25 scope and development of surplus property management;
568-26 (5) make decisions relating to the allocation of
568-27 resources in administering those plans; and
569-1 (6) establish appropriate subordinate administrative
569-2 units.
569-3 (b) The executive director shall:
569-4 (1) appoint personnel, according to personnel policies
569-5 adopted by the board, the director considers necessary for the
569-6 efficient performance of the agency's functions;
569-7 (2) prepare and submit to the governor an annual
569-8 report of activities and expenditures;
569-9 (3) certify for disbursement, in accordance with
569-10 rules, funds available to administer this chapter; and
569-11 (4) take other action as the director considers
569-12 necessary or appropriate to administer this chapter.
569-13 (c) The executive director, with board approval, may
569-14 delegate to an officer or employee of the agency a power or duty of
569-15 the executive director, other than rule making and appointing
569-16 personnel, that the director finds necessary to administer this
569-17 chapter. (V.A.C.S. Art. 6252-6b, Secs. 3(a) (part), (b), (c), (d),
569-18 (e), (f), (g), (h).)
569-19 Sec. 2202.043. PERSONNEL. (a) The agency may employ,
569-20 compensate, and prescribe the duties of personnel, other than
569-21 members of advisory boards and committees, necessary and suitable
569-22 to administer this chapter.
569-23 (b) The executive director, with board approval, by rule
569-24 shall adopt personnel standards.
569-25 (c) A personnel position may only be filled by an individual
569-26 selected and appointed on a nonpartisan merit basis.
569-27 (d) The board shall develop and implement policies that
570-1 clearly define the respective responsibilities of the board and the
570-2 staff of the agency. (V.A.C.S. Art. 6252-6b, Secs. 3(a) (part);
570-3 3a(d); 4(i) (part).)
570-4 Sec. 2202.044. MERIT PAY. The executive director or the
570-5 executive director's designated representative shall develop a
570-6 system of annual performance evaluations. All merit pay for agency
570-7 employees must be given under the system established under this
570-8 section. (V.A.C.S. Art. 6252-6b, Sec. 3a(a).)
570-9 Sec. 2202.045. CAREER LADDER. The executive director or the
570-10 executive director's designated representative shall develop an
570-11 intra-agency career ladder program. The program shall require
570-12 intra-agency postings of all nonentry level positions concurrently
570-13 with any public posting. (V.A.C.S. Art. 6252-6b, Sec. 3a(b).)
570-14 Sec. 2202.046. BOND ON CERTAIN EMPLOYEES. The executive
570-15 director may bond an agency employee who handles money, signs
570-16 checks, or receives or distributes property under this chapter.
570-17 (V.A.C.S. Art. 6252-6b, Sec. 3(i).)
570-18 Sec. 2202.047. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a)
570-19 The executive director or the executive director's designated
570-20 representative shall prepare and maintain a written policy
570-21 statement to assure implementation of a program of equal employment
570-22 opportunity under which all personnel transactions are made without
570-23 regard to race, color, disability, sex, religion, age, or national
570-24 origin. The policy statement must include:
570-25 (1) personnel policies, including policies relating to
570-26 recruitment, evaluation, selection, appointment, training, and
570-27 promotion of personnel;
571-1 (2) a comprehensive analysis of the agency's work
571-2 force that meets state and federal guidelines;
571-3 (3) procedures by which a determination can be made of
571-4 significant underuse in the agency work force of all persons for
571-5 whom state or federal guidelines encourage a more equitable
571-6 balance; and
571-7 (4) reasonable methods to appropriately address those
571-8 areas of significant underuse.
571-9 (b) A policy statement prepared under Subsection (a) must
571-10 cover an annual period, be updated at least annually, and be filed
571-11 with the governor's office.
571-12 (c) The governor's office shall deliver a biennial report to
571-13 the legislature based on the information received under Subsection
571-14 (b). The report may be made separately or as a part of other
571-15 biennial reports made to the legislature. (V.A.C.S. Arts. 6252-6b,
571-16 Secs. 3a(e), (f), (g).)
571-17 (Sections 2202.048-2202.060 reserved for expansion)
571-18 SUBCHAPTER D. POWERS AND DUTIES OF AGENCY
571-19 Sec. 2202.061. GENERAL POWERS AND DUTIES OF AGENCY. (a)
571-20 The agency shall:
571-21 (1) file a state plan of operation that complies with
571-22 federal law and operate in accordance with the plan;
571-23 (2) take necessary action to meet the minimum
571-24 standards for a state agency in accordance with the Federal
571-25 Property and Administrative Services Act; and
571-26 (3) cooperate to the fullest extent consistent with
571-27 this chapter.
572-1 (b) The agency may:
572-2 (1) make the necessary certifications and undertake
572-3 necessary action, including an investigation;
572-4 (2) make expenditures or reports that may be required
572-5 by federal law or regulation or that are otherwise necessary to
572-6 provide for the proper and efficient management of the agency's
572-7 functions;
572-8 (3) provide information and reports relating to the
572-9 agency's activities that may be required by a federal agency or
572-10 department; and
572-11 (4) adopt rules necessary for the efficient operation
572-12 of its activities or as may be required by federal law or
572-13 regulation. (V.A.C.S. Art. 6252-6b, Secs. 4(e), (f), (k).)
572-14 Sec. 2202.062. CONTRACTS. (a) The agency may enter into an
572-15 agreement, including:
572-16 (1) a cooperative agreement with a federal agency
572-17 under Section 484(n) of the Federal Property and Administrative
572-18 Services Act;
572-19 (2) an agreement with a state agency for surplus
572-20 property of a state agency that will promote the administration of
572-21 the Texas Surplus Property Agency's functions; or
572-22 (3) an agreement with a group or association of state
572-23 agencies for surplus property that will promote the administration
572-24 of the Texas Surplus Property Agency's functions.
572-25 (b) Articles 8 and 9 of the State Purchasing and General
572-26 Services Act (Article 601b, Vernon's Texas Civil Statutes),
572-27 relating to the responsibility and accounting for state property,
573-1 do not apply to the agency in the acquisition or disposition of
573-2 federal surplus property. (V.A.C.S. Art. 6252-6b, Sec. 4(g).)
573-3 Sec. 2202.063. INFORMATION CLEARINGHOUSE. (a) The agency
573-4 may act as an information clearinghouse for an entity or
573-5 institution that may be eligible to acquire federal surplus
573-6 property.
573-7 (b) The agency may assist, as necessary, the entity or
573-8 institution to obtain federal surplus property. (V.A.C.S. Art.
573-9 6252-6b, Sec. 4(j).)
573-10 Sec. 2202.064. ACQUISITION OR IMPROVEMENT OF PROPERTY; RENT
573-11 PAYMENTS. The agency may:
573-12 (1) acquire and hold title or make capital
573-13 improvements to real property, in accordance with Section 2202.065;
573-14 or
573-15 (2) make an advance payment of rent for a distribution
573-16 center, office space, or another facility that is required to carry
573-17 out the agency's functions under this chapter. (V.A.C.S. Art.
573-18 6252-6b, Sec. 4(h).)
573-19 Sec. 2202.065. CHARGES. (a) The agency may collect a
573-20 service charge for the agency's acquisition, warehousing,
573-21 distribution, or transfer of property.
573-22 (b) The agency may not collect a charge for real property in
573-23 an amount that is greater than the reasonable administrative cost
573-24 the agency incurs in transferring the property. (V.A.C.S. Art.
573-25 6252-6b, Sec. 4(l) (part).)
573-26 Sec. 2202.066. FUND. (a) A charge collected under Section
573-27 2202.065 shall be deposited in the state treasury to the credit of
574-1 the surplus property service charge fund and income earned on
574-2 money in the surplus property service charge fund shall be credited
574-3 to that fund.
574-4 (b) Money in the fund may be used only to carry out the
574-5 functions of the agency. (V.A.C.S. Art. 6252-6b, Secs. 4(l)
574-6 (part), (m).)
574-7 (Sections 2202.067-2202.080 reserved for expansion)
574-8 SUBCHAPTER E. FEDERAL PROPERTY ADMINISTRATION
574-9 Sec. 2202.081. DESIGNATED AGENCY. The agency is the
574-10 designated state agency under Section 484(j) of the Federal
574-11 Property and Administrative Services Act. (V.A.C.S. Art. 6252-6b,
574-12 Sec. 4(a).)
574-13 Sec. 2202.082. ACQUISITION, WAREHOUSING, AND DISTRIBUTION OF
574-14 FEDERAL PROPERTY. The agency may:
574-15 (1) acquire and warehouse federal property allocated
574-16 to the agency under the Federal Property and Administrative
574-17 Services Act; and
574-18 (2) distribute the property to an entity or
574-19 institution that meets the qualifications for eligibility for the
574-20 property under the Federal Property and Administrative Services
574-21 Act. (V.A.C.S. Art. 6252-6b, Sec. 4(b).)
574-22 Sec. 2202.083. FEDERAL SURPLUS REAL PROPERTY. The agency
574-23 may:
574-24 (1) disseminate information and assist a potential
574-25 applicant regarding the availability of federal surplus real
574-26 property;
574-27 (2) assist in the processing of an application for
575-1 acquisition of federal real property and related personal property
575-2 under Section 484(k) of the Federal Property and Administrative
575-3 Services Act;
575-4 (3) assist in assuring use of the property; and
575-5 (4) engage in an activity relating to the use of
575-6 federal surplus property by another state agency, institution, or
575-7 organization engaging in or receiving assistance under a federal
575-8 program. (V.A.C.S. Art. 6252-6b, Secs. 4(c), (d).)
575-9 CHAPTER 2203. USE OF STATE PROPERTY
575-10 Sec. 2203.001. REPORTING USE OF STATE VEHICLE; PENALTIES
575-11 Sec. 2203.002. STATE POSTAGE METERS
575-12 Sec. 2203.003. STATE PROPERTY UNDER CONTROL OF THE DAUGHTERS OF
575-13 THE CONFEDERACY, TEXAS DIVISION, AND THE
575-14 DAUGHTERS OF THE REPUBLIC OF TEXAS
575-15 CHAPTER 2203. USE OF STATE PROPERTY
575-16 Sec. 2203.001. REPORTING USE OF STATE VEHICLE; PENALTIES.
575-17 (a) A person who uses a state-owned automobile or truck shall, for
575-18 each day that the vehicle is used, submit a separate written report
575-19 of the use to the head of the state agency, including a department,
575-20 institution, board, or commission of the state, in charge of the
575-21 vehicle.
575-22 (b) The report must be made daily on a form prescribed by
575-23 the comptroller.
575-24 (c) A report filed under this section must show:
575-25 (1) the purpose for which the vehicle was used;
575-26 (2) the mileage traveled;
575-27 (3) the amounts of gasoline and oil consumed;
576-1 (4) the passengers carried; and
576-2 (5) other information necessary to a proper record of
576-3 the use of the vehicle.
576-4 (d) A report filed under this section is an official state
576-5 record and is subject to inspection by a state official who is
576-6 authorized to audit or inspect claims, accounts, or records of a
576-7 state agency.
576-8 (e) A person commits an offense if the person does not file
576-9 a report as required by this section on or before the 10th day
576-10 after the date on which the person uses the vehicle. An offense
576-11 under this subsection is punishable by a fine of not less than $5
576-12 nor more than $100. (V.A.C.S. Art. 6252-21, Secs. 1 and 2.)
576-13 Sec. 2203.002. STATE POSTAGE METERS. (a) A state
576-14 department, board, commission, or educational institution that
576-15 installs a postage meter shall place on the machine an imprint
576-16 plate stating that:
576-17 (1) the mail carried by the postage is official state
576-18 mail; and
576-19 (2) there is a penalty for the unlawful use of the
576-20 postage meter for a private purpose.
576-21 (b) A state department, board, commission, or educational
576-22 institution shall pay for the imprint plate and its installation
576-23 from the state department's, board's, commission's, or educational
576-24 institution's appropriation for postage and contingent expenses.
576-25 (V.A.C.S. Art. 6252-22.)
576-26 Sec. 2203.003. STATE PROPERTY UNDER CONTROL OF THE DAUGHTERS
576-27 OF THE CONFEDERACY, TEXAS DIVISION, AND THE DAUGHTERS OF THE
577-1 REPUBLIC OF TEXAS. (a) The Daughters of the Confederacy, Texas
577-2 Division, and the Daughters of the Republic of Texas each may
577-3 charge admission to state property over which each organization has
577-4 custody or control. This subsection does not apply to the Alamo.
577-5 (b) An organization that charges admission under this
577-6 section shall set the fee in an amount that it determines serves
577-7 the best interest of the state and the public.
577-8 (c) The organization may maintain and operate, or may
577-9 contract with another person for the operation of, a concession on
577-10 state property under its control. The concession may be operated
577-11 in any manner the organization considers necessary for the best
577-12 interest of the state and the public.
577-13 (d) The organization shall hold separately in trust all
577-14 admission fees and profits from the operation of concessions at
577-15 each property. The money may be spent only to maintain and repair
577-16 the state property and furnishings at the property at which the
577-17 money is received. (V.A.C.S. Art. 601h.)
577-18 CHAPTER 2204. ACQUISITION OF LAND FOR STATE AND FEDERAL PURPOSES
577-19 SUBCHAPTER A. ACQUISITION OF LAND BY STATE
577-20 Sec. 2204.001. ACQUISITION OF LAND BY STATE
577-21 (Sections 2204.002-2204.100 reserved for expansion)
577-22 SUBCHAPTER B. GENERAL PROVISIONS FOR ACQUISITION OF LAND AND
577-23 JURISDICTION OVER LAND BY UNITED STATES
577-24 Sec. 2204.101. CONSENT TO UNITED STATES TO ACQUIRE LAND
577-25 Sec. 2204.102. SALE OF STATE LAND TO UNITED STATES
577-26 Sec. 2204.103. CESSION OF JURISDICTION TO UNITED STATES
577-27 (Sections 2204.104-2204.200 reserved for expansion)
578-1 SUBCHAPTER C. CONVEYANCE OF STATE HIGHWAY LAND
578-2 TO UNITED STATES FOR MILITARY PURPOSES
578-3 Sec. 2204.201. APPLICATION OF SUBCHAPTER
578-4 Sec. 2204.202. CONVEYANCE TO UNITED STATES
578-5 Sec. 2204.203. FEE SIMPLE NOT OWNED BY STATE
578-6 (Sections 2204.204-2204.300 reserved for expansion)
578-7 SUBCHAPTER D. STATE GRANTS TO UNITED STATES FOR FLOOD CONTROL
578-8 IN BED AND BANKS OF PECOS AND DEVILS RIVERS AND RIO GRANDE
578-9 Sec. 2204.301. GRANT TO UNITED STATES
578-10 Sec. 2204.302. APPLICATION BY UNITED STATES
578-11 Sec. 2204.303. MINERAL RESERVATION REQUIRED
578-12 Sec. 2204.304. REVERSION TO STATE ON NONUSE
578-13 Sec. 2204.305. PRIVATE PROPERTY RIGHTS NOT AFFECTED
578-14 (Sections 2204.306-2204.400 reserved for expansion)
578-15 SUBCHAPTER E. STATE GRANTS TO UNITED STATES IN BED AND BANKS OF
578-16 RIO GRANDE TO IMPLEMENT BOUNDARY TREATY
578-17 Sec. 2204.401. GRANT TO UNITED STATES
578-18 Sec. 2204.402. APPLICATION BY UNITED STATES
578-19 Sec. 2204.403. MINERAL RESERVATION REQUIRED
578-20 Sec. 2204.404. PRIVATE PROPERTY RIGHTS NOT AFFECTED
578-21 (Sections 2204.405-2204.500 reserved for expansion)
578-22 SUBCHAPTER F. CONSENT TO FEDERAL ACQUISITION OF LAND
578-23 FOR FLOOD CONTROL IN TRINITY WATERSHED
578-24 Sec. 2204.501. APPLICATION OF SUBCHAPTER
578-25 Sec. 2204.502. CONSENT OF STATE
578-26 Sec. 2204.503. CERTAIN RESERVATIONS PERMITTED
578-27 Sec. 2204.504. PAYMENTS IN LIEU OF TAXES
579-1 Sec. 2204.505. CONCURRENT JURISDICTION RETAINED FOR
579-2 CERTAIN PURPOSES
579-3 CHAPTER 2204. ACQUISITION OF LAND FOR STATE AND FEDERAL PURPOSES
579-4 SUBCHAPTER A. ACQUISITION OF LAND BY STATE
579-5 Sec. 2204.001. ACQUISITION OF LAND BY STATE. (a) The
579-6 governor may purchase land or the right to use land that is
579-7 required by this state for any type of public use.
579-8 (b) If the governor fails to agree with the owner of the
579-9 land on the price for the land or the use of the land, the land may
579-10 be condemned for public use in the name of this state. On the
579-11 direction of the governor, condemnation proceedings shall be
579-12 instituted against the owner of the land by the attorney general or
579-13 the district or county attorney acting under the direction of the
579-14 attorney general.
579-15 (c) If the governor determines that the amount of damages
579-16 awarded in the condemnation proceedings under Subsection (b) is
579-17 excessive, the state may not pay the damages. In that event, the
579-18 state shall pay the costs of the proceedings and may not take
579-19 further action. (V.A.C.S. Art. 5240.)
579-20 (Sections 2204.002-2204.100 reserved for expansion)
579-21 SUBCHAPTER B. GENERAL PROVISIONS FOR ACQUISITION OF LAND
579-22 AND JURISDICTION OVER LAND BY UNITED STATES
579-23 Sec. 2204.101. CONSENT TO UNITED STATES TO ACQUIRE LAND.
579-24 (a) The legislature consents to the purchase or acquisition by the
579-25 United States, including acquisition by condemnation, of land in
579-26 this state made in accordance with this subchapter.
579-27 (b) The United States may purchase, acquire, hold, own,
580-1 occupy, and possess land in this state that it considers expedient
580-2 and that it seeks to occupy as a site:
580-3 (1) on which to erect and maintain a lighthouse, fort,
580-4 military station, magazine, arsenal, dockyard, customhouse, post
580-5 office, or other necessary public building; or
580-6 (2) for erecting a lock or dam, straightening a stream
580-7 by making a cutoff, building a levee, or erecting any other
580-8 structure or improvement that may become necessary for developing
580-9 or improving a waterway, river, or harbor of this state.
580-10 (c) During condemnation proceedings for the acquisition of
580-11 land by the United States under this section, the United States may
580-12 occupy the land and construct improvements on the land immediately
580-13 on the filing of the award of the condemnation commissioners with
580-14 the condemnation court, without awaiting the decision of the court,
580-15 if the United States deposits an amount equal to the amount of the
580-16 award of the commissioners plus the amount of all costs adjudged
580-17 against the United States. (V.A.C.S. Arts. 5242, 5243, 5244.)
580-18 Sec. 2204.102. SALE OF STATE LAND TO UNITED STATES. (a)
580-19 The governor may sell to the United States land owned by this state
580-20 that the United States desires to acquire for a purpose specified
580-21 by Section 2204.101.
580-22 (b) On payment of the purchase money for the land into the
580-23 state treasury, the land commissioner, on the order of the
580-24 governor, shall issue a patent for that land to the United States
580-25 in the same manner that other patents are issued. (V.A.C.S. Art.
580-26 5245.)
580-27 Sec. 2204.103. CESSION OF JURISDICTION TO UNITED STATES.
581-1 (a) On written application of the United States to the governor,
581-2 the governor, in the name and on behalf of this state, may cede to
581-3 the United States exclusive jurisdiction, subject to Subsection
581-4 (c), over land acquired by the United States under this subchapter
581-5 over which the United States desires to acquire constitutional
581-6 jurisdiction for a purpose provided by Section 2204.101.
581-7 (b) An application for cession must be:
581-8 (1) accompanied by proper evidence of the acquisition
581-9 of the land;
581-10 (2) authenticated and recorded; and
581-11 (3) include or have attached an accurate description
581-12 by metes and bounds of the land for which cession is sought.
581-13 (c) A cession of jurisdiction may not be made under this
581-14 section except on the express condition, which must be included in
581-15 the instrument of cession, that this state retains concurrent
581-16 jurisdiction with the United States over every portion of the land
581-17 ceded so that all civil or criminal process issued under the
581-18 authority of this state or a court or judicial officer of this
581-19 state may be executed by the proper officers of this state on any
581-20 person amenable to service of process within the limits of the land
581-21 to be ceded, in the same manner and to the same effect as if the
581-22 cession had not occurred. (V.A.C.S. Art. 5247.)
581-23 (Sections 2204.104-2204.200 reserved for expansion)
581-24 SUBCHAPTER C. CONVEYANCE OF STATE HIGHWAY LAND
581-25 TO UNITED STATES FOR MILITARY PURPOSES
581-26 Sec. 2204.201. APPLICATION OF SUBCHAPTER. This subchapter
581-27 applies only to land or an interest in land owned by this state
582-1 that is under the control of the Texas Department of
582-2 Transportation. (V.A.C.S. Art. 5248d-1, Sec. 1 (part).)
582-3 Sec. 2204.202. CONVEYANCE TO UNITED STATES. (a) The
582-4 governor, on the recommendation of the Texas Transportation
582-5 Commission or on the request of the United States supported by the
582-6 recommendation of the Texas Transportation Commission, may convey
582-7 to the United States an easement or other interest in land that:
582-8 (1) is located near a federally owned or operated
582-9 military installation or facility; and
582-10 (2) may be necessary for the construction, operation,
582-11 and maintenance of the military installation or facility.
582-12 (b) The conveyance may be made without monetary
582-13 consideration or for a consideration determined by the Texas
582-14 Transportation Commission. (V.A.C.S. Art. 5248d-1, Sec. 1 (part).)
582-15 Sec. 2204.203. FEE SIMPLE NOT OWNED BY STATE. For land for
582-16 which the fee simple title is not vested in this state and for
582-17 which the owner of the fee executes an easement to the United
582-18 States for the purposes provided by Section 2204.202(a), the
582-19 governor on the recommendation of the Texas Transportation
582-20 Commission may join in and assent to the easement by the same or a
582-21 separate instrument. (V.A.C.S. Art. 5248d-1, Sec. 2.)
582-22 (Sections 2204.204-2204.300 reserved for expansion)
582-23 SUBCHAPTER D. STATE GRANTS TO UNITED STATES FOR FLOOD CONTROL
582-24 IN BED AND BANKS OF PECOS AND DEVILS RIVERS AND RIO GRANDE
582-25 Sec. 2204.301. GRANT TO UNITED STATES. The governor may
582-26 grant to the United States in accordance with this subchapter those
582-27 portions of the beds and banks of the Pecos and Devils rivers in
583-1 Val Verde County and of the Rio Grande in Brewster, Cameron,
583-2 Hidalgo, Hudspeth, Jeff Davis, Kinney, Maverick, Presidio, Starr,
583-3 Terrell, Val Verde, Webb, and Zapata counties:
583-4 (1) for which title is vested in this state; and
583-5 (2) that may be necessary or expedient in the
583-6 construction and use of the storage and flood control dams and
583-7 their resultant reservoirs, diversion works, and appurtenances
583-8 provided for in the Treaty Relating to the Utilization of the
583-9 Waters of the Colorado and Tijuana Rivers, and of the Rio Grande
583-10 (Rio Bravo) from Fort Quitman, Texas, to the Gulf of Mexico,
583-11 concluded by the United States and the United Mexican States on
583-12 February 3, 1944. (V.A.C.S. Art. 5248g, Secs. 1, 2 (part).)
583-13 Sec. 2204.302. APPLICATION BY UNITED STATES. On application
583-14 to the governor by the United States Commissioner, International
583-15 Boundary and Water Commission, United States and Mexico, describing
583-16 the area necessary or expedient for the purposes described in
583-17 Section 2204.301, the governor shall issue a grant for and on
583-18 behalf of this state to the United States conveying to the United
583-19 States the area described in the application. (V.A.C.S. Art.
583-20 5248g, Sec. 2 (part).)
583-21 Sec. 2204.303. MINERAL RESERVATION REQUIRED. A grant under
583-22 this subchapter must reserve to this state all minerals except
583-23 rock, sand, and gravel needed by the United States in the operation
583-24 or construction by the United States or its agents of any of the
583-25 works described by Section 2204.301. The reservation must provide
583-26 that:
583-27 (1) the minerals reserved to this state may not be
584-1 explored for, developed, or produced in a manner that at any time
584-2 will prevent or interfere with the operation or construction of
584-3 those works; and
584-4 (2) before exploring for or developing reserved
584-5 minerals, this state must obtain the written consent of the United
584-6 States Section, International Boundary and Water Commission, United
584-7 States and Mexico, or its successor agency, as to the proposed area
584-8 sought to be explored or developed by this state, including the
584-9 location of and production facilities for oil wells, gas wells, or
584-10 oil and gas wells. (V.A.C.S. Art. 5248g, Sec. 2 (part).)
584-11 Sec. 2204.304. REVERSION TO STATE ON NONUSE. A grant under
584-12 this subchapter must contain a reservation providing that if any
584-13 part of the property granted ceases to be used for the purposes set
584-14 out in Section 2204.301 for a continuous period of five years, that
584-15 part shall immediately and automatically revert to this state at
584-16 the end of that period. (V.A.C.S. Art. 5248g, Sec. 2 (part).)
584-17 Sec. 2204.305. PRIVATE PROPERTY RIGHTS NOT AFFECTED. This
584-18 subchapter does not divest, limit, or otherwise affect the property
584-19 rights, including riparian rights, under the laws of this state of
584-20 the private owners of land abutting a portion of a river to which
584-21 this subchapter applies. (V.A.C.S. Art. 5248g, Sec. 2 (part).)
584-22 (Sections 2204.306-2204.400 reserved for expansion)
584-23 SUBCHAPTER E. STATE GRANTS TO UNITED STATES IN BED AND BANKS
584-24 OF RIO GRANDE TO IMPLEMENT BOUNDARY TREATY
584-25 Sec. 2204.401. GRANT TO UNITED STATES. The governor may
584-26 grant to the United States in accordance with this subchapter those
584-27 portions of, or easements on, the beds and banks of the Rio Grande
585-1 in Brewster, Cameron, Hidalgo, Hudspeth, Jeff Davis, Kinney,
585-2 Maverick, Presidio, Starr, Terrell, Val Verde, Webb, and Zapata
585-3 counties:
585-4 (1) for which title is vested in this state; and
585-5 (2) that may be necessary or expedient to facilitate
585-6 the accomplishment of projects for the following purposes, as
585-7 provided for in the Treaty to Resolve Pending Boundary Differences
585-8 and Maintain the Rio Grande and Colorado River as the International
585-9 Boundary between the United States of America and the United
585-10 Mexican States, entered into force April 18, 1972, and the
585-11 American-Mexican Boundary Treaty Act of 1972 (22 U.S.C. Sections
585-12 277d-34 et seq.):
585-13 (A) the relocation and rectification of the Rio
585-14 Grande and construction of works for flood control in the
585-15 Presidio-Ojinaga Valley;
585-16 (B) the rectification of and channel
585-17 stabilization on the Rio Grande between Fort Quitman in Hudspeth
585-18 County and Haciendita in Presidio County;
585-19 (C) the relocation and rectification of the Rio
585-20 Grande upstream from Hidalgo-Reynosa in Hidalgo County;
585-21 (D) the preservation of the Rio Grande as the
585-22 boundary by prohibiting the construction of works that may cause
585-23 deflection or obstruction of the normal flow or floodflows of the
585-24 Rio Grande; or
585-25 (E) other channel relocations and rectifications
585-26 or boundary adjustments approved by the governments of the United
585-27 States and the United Mexican States. (V.A.C.S. Art. 5248g-1,
586-1 Secs. 1, 4 (part).)
586-2 Sec. 2204.402. APPLICATION BY UNITED STATES. On application
586-3 to the governor by the United States Commissioner, International
586-4 Boundary and Water Commission, United States and Mexico, describing
586-5 the area and the interest in that area necessary or expedient for
586-6 the purposes described in Section 2204.401, the governor shall
586-7 issue a grant for and on behalf of this state to the United States
586-8 conveying to the United States the area and interest described in
586-9 the application. (V.A.C.S. Art. 5248g-1, Sec. 2 (part).)
586-10 Sec. 2204.403. MINERAL RESERVATION REQUIRED. (a) A grant
586-11 under this subchapter must reserve to this state all minerals
586-12 except rock, sand, and gravel needed by the United States in the
586-13 operation or construction by the United States or its agents of any
586-14 of the works described by Section 2204.401. The reservation must
586-15 provide that:
586-16 (1) the minerals reserved to this state may not be
586-17 explored for, developed, or produced in a manner that will at any
586-18 time prevent or interfere with the operation or construction of
586-19 those works; and
586-20 (2) before exploring for or developing reserved
586-21 minerals, this state must obtain the written consent of the United
586-22 States Section, International Boundary and Water Commission, United
586-23 States and Mexico, or its successor agency, as to the proposed area
586-24 sought to be explored or developed by this state, including the
586-25 location of and production facilities for oil wells, gas wells, or
586-26 oil and gas wells or other minerals.
586-27 (b) In a grant to the United States of fee title to the bed
587-1 and banks of the Rio Grande for the relocation and rectification of
587-2 the existing channel under the treaty that is to cause a portion of
587-3 the channel to be in the territorial limits of the United Mexican
587-4 States after its relocation and rectification, the reservation is
587-5 required only for the portion of the channel that will remain in
587-6 the territorial limits of the United States on completion of the
587-7 relocation and rectification project. (V.A.C.S. Art. 5248g-1,
587-8 Secs. 2 (part), 3.)
587-9 Sec. 2204.404. PRIVATE PROPERTY RIGHTS NOT AFFECTED. This
587-10 subchapter does not divest, limit, or otherwise affect the property
587-11 rights, including riparian rights, under the laws of this state of
587-12 the private owners of land abutting a portion of the Rio Grande to
587-13 which this subchapter applies. (V.A.C.S. Art. 5248g-1, Sec. 4
587-14 (part).)
587-15 (Sections 2204.405-2204.500 reserved for expansion)
587-16 SUBCHAPTER F. CONSENT TO FEDERAL ACQUISITION OF LAND
587-17 FOR FLOOD CONTROL IN TRINITY WATERSHED
587-18 Sec. 2204.501. APPLICATION OF SUBCHAPTER. This subchapter
587-19 applies only to land in:
587-20 (1) Denton, Jack, Montague, Parker, and Wise counties;
587-21 and
587-22 (2) that portion of the Trinity Watershed located in
587-23 Collin, Cooke, Dallas, Fannin, Grayson, Hunt, Kaufman, Rockwall,
587-24 Tarrant, or Van Zandt County. (V.A.C.S. Art. 5248h, Sec. 2 (part);
587-25 Art. 5248i, Sec. 2 (part).)
587-26 Sec. 2204.502. CONSENT OF STATE. (a) This state consents
587-27 to the acquisition by the United States by purchase, gift, or
588-1 condemnation with adequate compensation of land or any right or
588-2 interest in land in this state that the United States determines is
588-3 needed for programs and works of improvement for runoff and
588-4 water-flow retardation, soil erosion prevention, or other
588-5 flood-control purposes in this state.
588-6 (b) This state does not consent to the acquisition of land
588-7 under this subchapter by condemnation unless the apparent owner of
588-8 the land consents to the acquisition. (V.A.C.S. Art. 5248h, Sec. 1
588-9 (part); Art. 5248i, Sec. 1 (part).)
588-10 Sec. 2204.503. CERTAIN RESERVATIONS PERMITTED. The United
588-11 States may acquire land under this subchapter subject to
588-12 reservations of rights-of-way, timber, minerals, or easements.
588-13 (V.A.C.S. Art. 5248h, Sec. 1 (part); Art. 5248i, Sec. 1 (part).)
588-14 Sec. 2204.504. PAYMENTS IN LIEU OF TAXES. The United States
588-15 must remit an amount equal to one percent of the purchase price of
588-16 acquired land each year in lieu of taxes to the counties and school
588-17 districts in which the land is located. (V.A.C.S. Art. 5248h,
588-18 Sec. 1 (part); Art. 5248i, Sec. 1 (part).)
588-19 Sec. 2204.505. CONCURRENT JURISDICTION RETAINED FOR CERTAIN
588-20 PURPOSES. This state retains concurrent jurisdiction with the
588-21 United States in and over acquired land so that civil process in
588-22 all cases and criminal process issued under the authority of this
588-23 state against a person charged with the commission of a crime in or
588-24 outside of the territory of the land may be executed on that land
588-25 in the same manner as if this subchapter did not exist. (V.A.C.S.
588-26 Art. 5248h, Sec. 1 (part); Art. 5248i, Sec. 1 (part).)
588-27 CHAPTER 2205. AIRCRAFT POOLING
589-1 SUBCHAPTER A. STATE AIRCRAFT POOLING BOARD;
589-2 GENERAL PROVISIONS
589-3 Sec. 2205.001. SHORT TITLE
589-4 Sec. 2205.002. DEFINITIONS
589-5 Sec. 2205.003. ESTABLISHMENT
589-6 Sec. 2205.004. COMPOSITION OF BOARD; TERMS
589-7 Sec. 2205.005. APPOINTMENTS
589-8 Sec. 2205.006. ELIGIBILITY
589-9 Sec. 2205.007. CONFLICTS OF INTEREST
589-10 Sec. 2205.0071. TEMPORARY PROVISION
589-11 Sec. 2205.008. INFORMATION ABOUT QUALIFICATIONS AND
589-12 STANDARDS OF CONDUCT
589-13 Sec. 2205.009. REMOVAL
589-14 Sec. 2205.010. PRESIDING OFFICER; MEETINGS; QUORUM
589-15 Sec. 2205.011. PUBLIC ACCESS AND TESTIMONY
589-16 Sec. 2205.012. STAFF
589-17 Sec. 2205.013. MERIT PAY
589-18 Sec. 2205.014. CAREER LADDER
589-19 Sec. 2205.015. EQUAL EMPLOYMENT OPPORTUNITY
589-20 Sec. 2205.016. ANNUAL REPORT
589-21 Sec. 2205.017. SUNSET PROVISION
589-22 (Sections 2205.018 to 2205.030 reserved for expansion)
589-23 SUBCHAPTER B. STATE AIRCRAFT
589-24 Sec. 2205.031. APPLICABILITY OF CHAPTER TO STATE AIRCRAFT
589-25 Sec. 2205.032. CUSTODY, CONTROL, OPERATION, AND MAINTENANCE
589-26 Sec. 2205.033. TEXAS A&M UNIVERSITY SYSTEM AIRCRAFT
589-27 Sec. 2205.034. FACILITIES
590-1 Sec. 2205.035. AIRCRAFT LEASES
590-2 Sec. 2205.036. PASSENGER TRANSPORTATION
590-3 Sec. 2205.037. USE FOR POLITICAL PURPOSES; CIVIL LIABILITY
590-4 Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL
590-5 Sec. 2205.039. TRAVEL LOG
590-6 Sec. 2205.040. BILLING PROCEDURES
590-7 Sec. 2205.041. AIRCRAFT USE FORM
590-8 Sec. 2205.042. PILOTS
590-9 Sec. 2205.043. AIRCRAFT MARKING
590-10 Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS
590-11 Sec. 2205.045. INSURANCE
590-12 CHAPTER 2205. AIRCRAFT POOLING
590-13 SUBCHAPTER A. STATE AIRCRAFT
590-14 POOLING BOARD; GENERAL PROVISIONS
590-15 Sec. 2205.001. SHORT TITLE. This chapter may be cited as
590-16 the State Aircraft Pooling Act. (V.A.C.S. Art. 4413(34b), Sec.
590-17 1.)
590-18 Sec. 2205.002. Definitions. In this chapter:
590-19 (1) "Board" means the State Aircraft Pooling Board.
590-20 (V.A.C.S. Art. 4413(34b), Sec. 2.)
590-21 (2) "State agency" means an office, department, board,
590-22 commission, institution, or other agency to which a legislative
590-23 appropriation is made. (V.A.C.S. Art. 4413(34b), Sec. 2.)
590-24 Sec. 2205.003. ESTABLISHMENT. The State Aircraft Pooling
590-25 Board is an agency of the state. (V.A.C.S. Art. 4413(34b), Sec.
590-26 3.)
590-27 Sec. 2205.004. Composition of Board; Terms. (a) The board
591-1 is composed of:
591-2 (1) a member appointed by the governor;
591-3 (2) a member appointed by the lieutenant governor;
591-4 (3) a member appointed by the speaker of the house of
591-5 representatives;
591-6 (4) a representative of the General Services
591-7 Commission, designated from time to time by the presiding officer
591-8 of the commission; and
591-9 (5) a representative of the state auditor's office,
591-10 designated from time to time by the state auditor.
591-11 (b) The three appointed members of the board hold office for
591-12 staggered terms of six years, with the term of one member expiring
591-13 on January 31 of each odd-numbered year. The original appointing
591-14 authority shall fill any vacancy for the unexpired portion of the
591-15 term.
591-16 (c) The representatives of the General Services Commission
591-17 and the state auditor's office are ex officio, nonvoting members of
591-18 the board and serve only in an advisory capacity. (V.A.C.S. Art.
591-19 4413(34b), Secs. 4(a)-(c).)
591-20 Sec. 2205.005. APPOINTMENTS. Appointments to the board
591-21 shall be made without regard to the race, color, handicap, sex,
591-22 religion, age, or national origin of the appointees. (V.A.C.S.
591-23 Art. 4413(34b), Sec. 4(e).)
591-24 Sec. 2205.006. ELIGIBILITY. Each appointed member of the
591-25 board must be a representative of the general public. A person is
591-26 not eligible for appointment as a public member of the board if the
591-27 person or the person's spouse:
592-1 (1) is employed by or participates in the management
592-2 of a business entity or other organization receiving funds from the
592-3 board;
592-4 (2) owns or controls, directly or indirectly, more
592-5 than a 10 percent interest in a business entity or other
592-6 organization receiving funds from the board; or
592-7 (3) uses or receives a substantial amount of tangible
592-8 goods, services, or funds from the board, other than compensation
592-9 or reimbursement authorized by law for board membership,
592-10 attendance, or expenses. (V.A.C.S. Art. 4413(34b), Sec. 4(d).)
592-11 Sec. 2205.007. CONFLICTS OF INTEREST. (a) A person may not
592-12 serve as a member of the board or act as the general counsel to the
592-13 board if the person is required to register as a lobbyist under
592-14 Chapter 305 because of the person's activities for compensation on
592-15 behalf of a profession related to the operation of the board.
592-16 (b) An officer, employee, or paid consultant of a Texas
592-17 trade association in the field of aircraft sales and leasing may
592-18 not be a board member or a board employee who is exempt from the
592-19 state's position classification plan or is compensated at or above
592-20 the amount prescribed by the General Appropriations Act for step 1,
592-21 salary group 17, of the position classification salary schedule.
592-22 (c) A person who is the spouse of an officer, manager, or
592-23 paid consultant of a Texas trade association in the field of
592-24 aircraft sales and leasing may not be a board member and may not be
592-25 a board employee who is exempt from the state's position
592-26 classification plan or is compensated at or above the amount
592-27 prescribed by the General Appropriations Act for step 1, salary
593-1 group 17, of the position classification salary schedule.
593-2 (d) For the purposes of this section, a Texas trade
593-3 association is a nonprofit, cooperative, and voluntarily joined
593-4 association of business or professional competitors in this state
593-5 designed to assist its members and its industry or profession in
593-6 dealing with mutual business or professional problems and in
593-7 promoting their common interest. (V.A.C.S. Art. 4413(34b), Sec.
593-8 4B.)
593-9 Sec. 2205.0071. TEMPORARY PROVISION. Sections 2205.006,
593-10 2205.007, and 2205.009(a)(1)-(3) apply only to a member of the
593-11 board appointed on or after September 1, 1991. This section
593-12 expires January 31, 1997. (Sec. 13(a), Ch. 253, Acts of the 72nd
593-13 Leg., R.S., 1991.)
593-14 Sec. 2205.008. INFORMATION ABOUT QUALIFICATIONS AND
593-15 STANDARDS OF CONDUCT. The board shall provide to its members and
593-16 employees, as often as necessary, information regarding their
593-17 qualifications for office or employment under this chapter and
593-18 their responsibilities under applicable laws relating to standards
593-19 of conduct for state officers or employees. (V.A.C.S. Art.
593-20 4413(34b), Sec. 9(g).)
593-21 Sec. 2205.009. REMOVAL. (a) It is a ground for removal of
593-22 an appointed member from the board if the member:
593-23 (1) does not have at the time of appointment the
593-24 qualifications required by Section 2205.006;
593-25 (2) does not maintain during service on the board the
593-26 qualifications required by Section 2205.006;
593-27 (3) violates a prohibition established by Section
594-1 2205.007;
594-2 (4) cannot discharge because of illness or disability
594-3 the member's duties for a substantial part of the term for which
594-4 the member is appointed; or
594-5 (5) is absent from more than half of the regularly
594-6 scheduled board meetings that the member is eligible to attend
594-7 during a calendar year unless the absence is excused by majority
594-8 vote of the board.
594-9 (b) The validity of an action of the board is not affected
594-10 by the fact that it is taken when a ground for removal of a board
594-11 member exists.
594-12 (c) If the executive director has knowledge that a potential
594-13 ground for removal exists, the executive director shall notify the
594-14 presiding officer of the board of the ground. The presiding
594-15 officer shall then notify the governor that a potential ground for
594-16 removal exists. (V.A.C.S. Art. 4413(34b), Sec. 4A.)
594-17 Sec. 2205.010. PRESIDING OFFICER; MEETINGS; QUORUM. (a)
594-18 The voting members of the board biennially shall elect a voting
594-19 member of the board as presiding officer.
594-20 (b) The board shall adopt rules for calling and holding
594-21 meetings and conducting business.
594-22 (c) Two voting members of the board constitute a quorum.
594-23 (V.A.C.S. Art. 4413(34b), Sec. 5.)
594-24 Sec. 2205.011. PUBLIC ACCESS AND TESTIMONY. (a) The board
594-25 shall prepare and maintain a written plan that describes how a
594-26 person who does not speak English or who has a physical, mental, or
594-27 developmental disability can be provided reasonable access to the
595-1 board's programs.
595-2 (b) The board shall develop and implement policies that
595-3 provide the public with a reasonable opportunity to appear before
595-4 the board and to speak on any issue under the jurisdiction of the
595-5 board. (V.A.C.S. Art. 4413(34b), Sec. 16.)
595-6 Sec. 2205.012. STAFF. (a) The board may employ and
595-7 compensate staff as provided by legislative appropriation or may
595-8 use staff provided by the General Services Commission or the state
595-9 auditor's office.
595-10 (b) The board shall develop and implement policies that
595-11 clearly define the respective responsibilities of the board and the
595-12 staff the board uses. (V.A.C.S. Art. 4413(34b), Secs. 6(a), (b).)
595-13 Sec. 2205.013. MERIT PAY. The executive director or the
595-14 executive director's designee shall develop a system of annual
595-15 performance evaluations. All merit pay for board staff must be
595-16 based on the system established under this section. (V.A.C.S. Art.
595-17 4413(34b), Sec. 6(c).)
595-18 Sec. 2205.014. CAREER LADDER. The executive director or the
595-19 executive director's designee shall develop an intraagency career
595-20 ladder program. The program shall require intraagency postings of
595-21 all nonentry level positions concurrently with any public posting.
595-22 (V.A.C.S. Art. 4413(34b), Sec. 6(d).)
595-23 Sec. 2205.015. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
595-24 executive director or the executive director's designee shall
595-25 prepare and maintain a written policy statement to assure
595-26 implementation of a program of equal employment opportunity under
595-27 which all personnel transactions are made without regard to race,
596-1 color, handicap, sex, religion, age, or national origin. The
596-2 policy statement must include:
596-3 (1) personnel policies, including policies relating to
596-4 recruitment, evaluation, selection, appointment, training, and
596-5 promotion of personnel;
596-6 (2) a comprehensive analysis of the board's work force
596-7 that meets federal and state guidelines;
596-8 (3) procedures by which a determination can be made of
596-9 significant underuse in the board's work force of all persons for
596-10 whom federal or state guidelines encourage a more equitable
596-11 balance; and
596-12 (4) reasonable methods to appropriately address those
596-13 areas of significant underuse.
596-14 (b) A policy statement prepared under Subsection (a) must
596-15 cover an annual period, be updated at least annually, and be filed
596-16 with the governor's office.
596-17 (c) The governor's office shall deliver a biennial report to
596-18 the legislature based on the information received under Subsection
596-19 (b). The report may be made separately or as a part of other
596-20 biennial reports made to the legislature. (V.A.C.S. Art.
596-21 4413(34b), Sec. 5A.)
596-22 Sec. 2205.016. ANNUAL REPORT. (a) The board shall file
596-23 annually with the governor and the presiding officer of each house
596-24 of the legislature a complete and detailed written report
596-25 accounting for all funds received and disbursed by the board during
596-26 the preceding fiscal year.
596-27 (b) The annual report must be in the form and reported in
597-1 the time provided by the General Appropriations Act. (V.A.C.S.
597-2 Art. 4413(34b), Sec. 8A.)
597-3 Sec. 2205.017. SUNSET PROVISION. The State Aircraft Pooling
597-4 Board is subject to Chapter 325 (Texas Sunset Act). Unless
597-5 continued in existence as provided by that chapter, the board is
597-6 abolished and this chapter expires September 1, 2001. (V.A.C.S.
597-7 Art. 4413(34b), Sec. 10A.)
597-8 (Sections 2205.018 to 2205.030 reserved for expansion)
597-9 SUBCHAPTER B. STATE AIRCRAFT
597-10 Sec. 2205.031. APPLICABILITY OF CHAPTER TO STATE AIRCRAFT.
597-11 This chapter applies to all aircraft owned or leased by the state,
597-12 except as provided by Section 2205.033. (V.A.C.S. Art. 4413(34b),
597-13 Sec. 7.)
597-14 Sec. 2205.032. CUSTODY, CONTROL, OPERATION, AND MAINTENANCE.
597-15 (a) The board shall operate a pool for the custody, control,
597-16 operation, and maintenance of all aircraft owned or leased by the
597-17 state.
597-18 (b) The board may purchase aircraft with funds appropriated
597-19 for that purpose. (V.A.C.S. Art. 4413(34b), Secs. 8, 9(a).)
597-20 Sec. 2205.033. TEXAS A&M UNIVERSITY SYSTEM AIRCRAFT. (a)
597-21 The board of regents of The Texas A&M University System is
597-22 primarily responsible for scheduling Texas A&M University System
597-23 aircraft.
597-24 (b) The Texas A&M University System shall base Texas A&M
597-25 University System aircraft in Brazos County.
597-26 (c) A pilot of Texas A&M University System aircraft must be
597-27 an employee of The Texas A&M University System.
598-1 (d) In this section, "Texas A&M University System aircraft"
598-2 means aircraft owned on August 31, 1991, or acquired after that
598-3 date by The Texas A&M University System or one of its components.
598-4 (V.A.C.S. Art. 4413(34b), Sec. 7A.)
598-5 Sec. 2205.034. FACILITIES. (a) The board may acquire
598-6 appropriate facilities for the accommodation of all aircraft owned
598-7 or leased by the state. The facilities may be purchased or leased
598-8 as determined by the board to be most economical for the state and
598-9 as provided by legislative appropriations. The facilities may
598-10 include adequate hangar space, an indoor passenger waiting area, a
598-11 flight-planning area, communications facilities, and other related
598-12 and necessary facilities.
598-13 (b) A state agency that operates an aircraft may not use a
598-14 facility in Austin other than a facility operated by the board for
598-15 the storage, parking, fueling, or maintenance of the aircraft,
598-16 whether or not the aircraft is based in Austin. In a situation the
598-17 board determines to be an emergency, the board may authorize a
598-18 state agency to use a facility in Austin other than a board
598-19 facility for the storage, parking, fueling, or maintenance of an
598-20 aircraft. (V.A.C.S. Art. 4413(34b), Sec. 10.)
598-21 Sec. 2205.035. AIRCRAFT LEASES. (a) The board by
598-22 interagency contract may lease state-owned aircraft to a state
598-23 agency.
598-24 (b) A state agency that is the prior owner or lessee of an
598-25 aircraft has the first option to lease that aircraft from the
598-26 board.
598-27 (c) The lease may provide for operation or maintenance by
599-1 the board or the state agency.
599-2 (d) A state agency may not expend appropriated funds for the
599-3 lease of an aircraft unless the board executes the lease or
599-4 approves the lease by board order. (V.A.C.S. Art. 4413(34b), Secs.
599-5 9(b), (c).)
599-6 Sec. 2205.036. PASSENGER TRANSPORTATION. (a) The board
599-7 shall provide aircraft transportation, to the extent that its
599-8 aircraft are available, to:
599-9 (1) state officers and employees who are traveling on
599-10 official business according to the coordinated passenger scheduling
599-11 system and the priority scheduling system developed as part of the
599-12 aircraft operations manual under Section 2205.038;
599-13 (2) persons in the care or custody of state officers
599-14 or employees described by Subdivision (1); and
599-15 (3) persons whose transportation furthers official
599-16 state business.
599-17 (b) The board may not provide aircraft transportation to a
599-18 passenger if the passenger is to be transported to or from a place
599-19 where the passenger:
599-20 (1) will make or has made a speech not related to
599-21 official state business;
599-22 (2) will attend or has attended an event sponsored by
599-23 a political party;
599-24 (3) will perform a service or has performed a service
599-25 for which the passenger is to receive an honorarium, unless the
599-26 passenger reimburses the board for the cost of transportation;
599-27 (4) will attend or has attended an event at which
600-1 money is raised for private or political purposes; or
600-2 (5) will attend or has attended an event at which an
600-3 audience was charged an admission fee to see or hear the passenger.
600-4 (V.A.C.S. Arts. 4413(34b), Secs. 9(d), (e).)
600-5 Sec. 2205.037. USE FOR POLITICAL PURPOSES; CIVIL LIABILITY.
600-6 (a) A person may not use a state-owned aircraft solely for
600-7 political purposes or spend state funds for the use of an aircraft
600-8 solely for political purposes.
600-9 (b) A person who violates this section is civilly liable to
600-10 the state for the costs incurred by the state because of the
600-11 violation. (V.A.C.S. Art. 6252-15.)
600-12 Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL. (a) The board
600-13 shall:
600-14 (1) prepare a manual that establishes minimum
600-15 standards for the operation of aircraft by state agencies; and
600-16 (2) adopt procedures for the distribution of the
600-17 manual to state agencies.
600-18 (b) The manual must include provisions for:
600-19 (1) pilot certification standards, including medical
600-20 requirements for pilots;
600-21 (2) recurring training programs for pilots;
600-22 (3) general operating and flight rules;
600-23 (4) coordinated passenger scheduling; and
600-24 (5) other issues the board determines are necessary to
600-25 ensure the efficient and safe operation of aircraft by a state
600-26 agency.
600-27 (c) The board shall confer with and solicit the written
601-1 advice of state agencies the board determines are principal users
601-2 of aircraft operated by the board and, to the extent practicable,
601-3 incorporate that advice in the development of the manual and
601-4 subsequent changes to the manual. (V.A.C.S. Art. 4413(34b),
601-5 Sec. 12.)
601-6 Sec. 2205.039. TRAVEL LOG. (a) The Legislative Budget
601-7 Board, in cooperation with the board, shall prescribe:
601-8 (1) a travel log form for gathering information about
601-9 the use of state-operated aircraft;
601-10 (2) procedures to ensure that individuals who travel
601-11 as passengers on or operate state-operated aircraft provide in a
601-12 legible manner the information requested of them by the form; and
601-13 (3) procedures for each state agency that operates an
601-14 aircraft for sending the form to the board and the Legislative
601-15 Budget Board.
601-16 (b) The travel log form must request the following
601-17 information about a state-operated aircraft each time the aircraft
601-18 is flown:
601-19 (1) a mission statement, which may appear as a
601-20 selection to be identified from general categories appearing on the
601-21 form;
601-22 (2) the name, state agency represented, and signature
601-23 of each person who is a passenger or crew member of the aircraft;
601-24 and
601-25 (3) other information determined by the Legislative
601-26 Budget Board and the board to be necessary to monitor the proper
601-27 use of the aircraft. (V.A.C.S. Art. 4413(34b), Secs. 13(a), (b).)
602-1 Sec. 2205.040. BILLING PROCEDURES. The Legislative Budget
602-2 Board, in cooperation with the board and the state auditor, shall
602-3 prescribe a billing procedure for passenger travel on
602-4 state-operated aircraft. (V.A.C.S. Art. 4413(34b), Sec. 14.)
602-5 Sec. 2205.041. AIRCRAFT USE FORM. The Legislative Budget
602-6 Board, in cooperation with the board, shall prescribe:
602-7 (1) an annual aircraft use form for gathering
602-8 information about the use of state-operated aircraft; and
602-9 (2) procedures for each state agency that operates an
602-10 aircraft for sending the form to the board and the Legislative
602-11 Budget Board. (V.A.C.S. Art. 4413(34b), Sec. 11(a).)
602-12 Sec. 2205.042. PILOTS. An individual who is not a pilot
602-13 employed by the board may not operate a state-operated aircraft
602-14 unless the board grants the individual a specific exemption from
602-15 that requirement. (V.A.C.S. Art. 4413(34b), Sec. 15.)
602-16 Sec. 2205.043. AIRCRAFT MARKING. (a) Each aircraft owned
602-17 or leased by the state, other than an aircraft used for law
602-18 enforcement purposes, shall be marked:
602-19 (1) with the Texas state seal on each side of the
602-20 aircraft's vertical stabilizer; and
602-21 (2) with the words "The State of Texas" on each side
602-22 of the aircraft's fuselage.
602-23 (b) The board shall adopt rules, consistent with federal
602-24 regulations, governing the color, size, and location of marks of
602-25 identification required by this section. (V.A.C.S. Art. 4413(34b),
602-26 Sec. 9A.)
602-27 Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The board
603-1 may contract with a state or federal governmental agency or a
603-2 political subdivision to provide aircraft fuel or to provide
603-3 aircraft maintenance services. (V.A.C.S. Art. 4413(34b),
603-4 Sec. 9(f).)
603-5 Sec. 2205.045. INSURANCE. (a) The board may purchase
603-6 insurance to protect the board from loss caused by damage, loss,
603-7 theft, or destruction of aircraft owned or leased by the state.
603-8 (b) The insurance must be on a form approved by the State
603-9 Board of Insurance. (V.A.C.S. Art. 4413(34b), Sec. 9(h).)
603-10 (Chapters 2206-2250 reserved for expansion)
603-11 SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT
603-12 CHAPTER 2251. PAYMENT FOR GOODS AND SERVICES
603-13 SUBCHAPTER A. GENERAL PROVISIONS
603-14 Sec. 2251.001. DEFINITIONS
603-15 Sec. 2251.002. EXCEPTIONS
603-16 Sec. 2251.003. RULES
603-17 (Sections 2251.004-2251.020 reserved for expansion)
603-18 SUBCHAPTER B. PAYMENTS AND INTEREST
603-19 Sec. 2251.021. TIME FOR PAYMENT BY GOVERNMENTAL ENTITY
603-20 Sec. 2251.022. TIME FOR PAYMENT BY VENDOR
603-21 Sec. 2251.023. TIME FOR PAYMENT BY SUBCONTRACTOR
603-22 Sec. 2251.024. MAILING OF PAYMENT
603-23 Sec. 2251.025. INTEREST ON OVERDUE PAYMENT
603-24 Sec. 2251.026. PAYMENT OF INTEREST BY STATE AGENCY
603-25 Sec. 2251.027. PAYMENT OF INTEREST BY POLITICAL SUBDIVISION
603-26 Sec. 2251.028. PAYMENT OF INTEREST BY VENDOR OR SUBCONTRACTOR
603-27 Sec. 2251.029. PARTIAL PAYMENT
604-1 Sec. 2251.030. EARLY PAYMENT DISCOUNT
604-2 (Sections 2251.031-2251.040 reserved for expansion)
604-3 SUBCHAPTER C. CLAIMS AND DISPUTES
604-4 Sec. 2251.041. CLAIM FOR INTEREST IMPOSED AGAINST
604-5 STATE AGENCY
604-6 Sec. 2251.042. DISPUTED PAYMENT
604-7 Sec. 2251.043. ATTORNEY'S FEES
604-8 SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT
604-9 CHAPTER 2251. PAYMENT FOR GOODS AND SERVICES
604-10 SUBCHAPTER A. GENERAL PROVISIONS
604-11 Sec. 2251.001. DEFINITIONS. In this chapter:
604-12 (1) "Goods" includes supplies, materials, or
604-13 equipment.
604-14 (2) "Governmental entity" means a state agency or
604-15 political subdivision of this state.
604-16 (3) "Payment" means money owed to a vendor.
604-17 (4) "Political subdivision" means:
604-18 (A) a county;
604-19 (B) a municipality;
604-20 (C) a public school district; or
604-21 (D) a special-purpose district or authority.
604-22 (5) "State agency" means:
604-23 (A) a board, commission, department, office, or
604-24 other agency in the executive branch of state government that is
604-25 created by the constitution or a statute of this state, including a
604-26 river authority and an institution of higher education as defined
604-27 by Section 61.003, Education Code;
605-1 (B) the legislature or a legislative agency; or
605-2 (C) the Supreme Court of Texas, the Court of
605-3 Criminal Appeals of Texas, a court of appeals, a state judicial
605-4 agency, or the State Bar of Texas.
605-5 (6) "Subcontractor" means a person who contracts with
605-6 a vendor to work or contribute toward completing work for a
605-7 governmental entity.
605-8 (7) "Vendor" means a person who supplies goods or
605-9 services to a governmental entity. (New; V.A.C.S. Art. 601f, Sec.
605-10 1.)
605-11 Sec. 2251.002. EXCEPTIONS. (a) This chapter does not apply
605-12 to a payment made by a governmental entity, vendor, or
605-13 subcontractor if:
605-14 (1) the terms of a contract specify another time or
605-15 method of payment or method of resolving a dispute or interest owed
605-16 on a delinquent payment;
605-17 (2) there is a bona fide dispute between a vendor and
605-18 a subcontractor or between a subcontractor and its supplier about
605-19 the goods delivered or the services performed that causes the
605-20 payment to be late;
605-21 (3) the terms of a federal contract, grant,
605-22 regulation, or statute prevent the governmental entity from making
605-23 a timely payment with federal funds; or
605-24 (4) the invoice is not mailed to the person to whom it
605-25 is addressed in strict accordance with any instruction on the
605-26 purchase order relating to the payment.
605-27 (b) This chapter does not affect Chapter 2253. (V.A.C.S.
606-1 Art. 601f, Sec. 7.)
606-2 Sec. 2251.003. RULES. The General Services Commission shall
606-3 adopt rules to implement this chapter. (V.A.C.S. Art. 601f, Sec.
606-4 9.)
606-5 (Sections 2251.004-2251.020 reserved for expansion)
606-6 SUBCHAPTER B. PAYMENTS AND INTEREST
606-7 Sec. 2251.021. TIME FOR PAYMENT BY GOVERNMENTAL ENTITY. (a)
606-8 A payment by a governmental entity under a contract executed on or
606-9 after September 1, 1987, is overdue on the 31st day after the later
606-10 of:
606-11 (1) the date the governmental entity receives the
606-12 goods under the contract;
606-13 (2) the date the performance of the service under the
606-14 contract is completed; or
606-15 (3) the date the governmental entity receives an
606-16 invoice for the goods or services.
606-17 (b) For a contract executed on or after July 1, 1986, and
606-18 before September 1, 1987, a payment by a governmental entity under
606-19 that contract is overdue on the 46th day after the later event
606-20 described by Subsections (a)(1)-(3). (V.A.C.S. Art. 601f, Secs.
606-21 2(a), (b); 3(a), (b); 5(a) (part).)
606-22 Sec. 2251.022. TIME FOR PAYMENT BY VENDOR. (a) A vendor
606-23 who receives a payment from a governmental entity shall pay a
606-24 subcontractor the appropriate share of the payment not later than
606-25 the 10th day after the date the vendor receives the payment.
606-26 (b) The appropriate share is overdue on the 11th day after
606-27 the date the vendor receives the payment. (V.A.C.S. Art. 601f,
607-1 Secs. 4(a) (part); 5(a) (part).)
607-2 Sec. 2251.023. TIME FOR PAYMENT BY SUBCONTRACTOR. (a) A
607-3 subcontractor who receives a payment from a vendor shall pay a
607-4 person who supplies goods or a service for which the payment is
607-5 made the appropriate share of the payment not later than the 10th
607-6 day after the date the subcontractor receives the payment.
607-7 (b) The appropriate share is overdue on the 11th day after
607-8 the date the subcontractor receives the payment. (V.A.C.S. Art.
607-9 601f, Secs. 4(b) (part); 5(a) (part).)
607-10 Sec. 2251.024. MAILING OF PAYMENT. A payment is considered
607-11 to be mailed on the date the payment is postmarked. (V.A.C.S. Art.
607-12 601f, Sec. 5(b) (part).)
607-13 Sec. 2251.025. INTEREST ON OVERDUE PAYMENT. (a) A payment
607-14 begins to accrue interest on the date the payment is overdue.
607-15 (b) An overdue payment bears interest at the rate of one
607-16 percent each month.
607-17 (c) Interest on an overdue payment stops accruing on the
607-18 date the governmental entity or vendor mails or electronically
607-19 transmits the payment. (V.A.C.S. Art. 601f, Secs. 4(a) (part), (b)
607-20 (part); 5(a) (part), (b).)
607-21 Sec. 2251.026. PAYMENT OF INTEREST BY STATE AGENCY. If the
607-22 warrant for a payment the originating state agency owes is not
607-23 mailed or electronically transmitted before the payment is overdue,
607-24 the agency is liable for an interest payment that accrues under
607-25 this chapter. (V.A.C.S. Art. 601f, Secs. 3(c); 5(b) (part).)
607-26 Sec. 2251.027. PAYMENT OF INTEREST BY POLITICAL SUBDIVISION.
607-27 (a) A political subdivision shall compute interest imposed on the
608-1 political subdivision under this chapter.
608-2 (b) The political subdivision shall pay the interest at the
608-3 time payment is made on the principal.
608-4 (c) The political subdivision shall submit the interest
608-5 payment with the net amount due for goods and services.
608-6 (d) The political subdivision may not require a vendor to
608-7 petition, bill, or wait an additional day to receive the interest
608-8 due. (V.A.C.S. Art. 601f, Sec. 2(c).)
608-9 Sec. 2251.028. PAYMENT OF INTEREST BY VENDOR OR
608-10 SUBCONTRACTOR. A vendor or subcontractor shall pay interest as a
608-11 payment is overdue. (V.A.C.S. Art. 601f, Sec. 4(c).)
608-12 Sec. 2251.029. PARTIAL PAYMENT. (a) The unpaid balance of
608-13 a partial payment made within the period provided by this chapter
608-14 accrues interest as provided by Section 2251.025 unless the balance
608-15 is in dispute.
608-16 (b) Section 2251.042 applies to a disputed balance.
608-17 (V.A.C.S. Art. 601f, Sec. 5(c).)
608-18 Sec. 2251.030. EARLY PAYMENT DISCOUNT. (a) The intent of
608-19 the legislature is that a governmental entity should take advantage
608-20 of an offer for an early payment discount.
608-21 (b) A governmental entity may not take an early payment
608-22 discount a vendor offers unless the governmental entity makes a
608-23 full payment within the discount period.
608-24 (c) If a governmental entity takes an early payment discount
608-25 later, the unpaid balance accrues interest beginning on the date
608-26 the discount offer expires. (V.A.C.S. Art. 601f, Sec. 8.)
608-27 (Sections 2251.031-2251.040 reserved for expansion)
609-1 SUBCHAPTER C. CLAIMS AND DISPUTES
609-2 Sec. 2251.041. CLAIM FOR INTEREST IMPOSED AGAINST STATE
609-3 AGENCY. (a) A vendor must present a claim for interest imposed
609-4 against an originating state agency to the agency not later than
609-5 the sixth month after the date the vendor receives payment.
609-6 (b) The vendor must accompany the claim with the envelope in
609-7 which the warrant was received or other proof showing the date the
609-8 payment was mailed or transmitted by the agency. (V.A.C.S. Art.
609-9 601f, Sec. 3(d).)
609-10 Sec. 2251.042. DISPUTED PAYMENT. (a) A governmental entity
609-11 shall notify a vendor of an error in an invoice submitted for
609-12 payment by the vendor not later than the 21st day after the date
609-13 the entity receives the invoice.
609-14 (b) If a dispute is resolved in favor of the vendor, the
609-15 vendor is entitled to receive interest on the unpaid balance of the
609-16 invoice submitted by the vendor beginning on the date under Section
609-17 2251.021 that the payment is overdue for the invoice.
609-18 (c) If a dispute is resolved in favor of the governmental
609-19 entity, the vendor shall submit a corrected invoice that must be
609-20 paid in accordance with Section 2251.021. The unpaid balance
609-21 accrues interest as provided by this chapter if the corrected
609-22 invoice is not paid by the appropriate date. (V.A.C.S. Art. 601f,
609-23 Sec. 6.)
609-24 Sec. 2251.043. ATTORNEY'S FEES. In a formal administrative
609-25 or judicial action to collect an invoice payment or interest due
609-26 under this chapter, the opposing party, which may be the
609-27 governmental entity or vendor, shall pay the reasonable attorney's
610-1 fees of the prevailing party. (V.A.C.S. Art. 601f, Sec. 10.)
610-2 CHAPTER 2252. CONTRACTS WITH GOVERNMENTAL ENTITY
610-3 SUBCHAPTER A. NONRESIDENT BIDDERS
610-4 Sec. 2252.001. DEFINITIONS
610-5 Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER
610-6 Sec. 2252.003. PUBLICATION OF OTHER STATES' LAWS
610-7 ON CONTRACTS
610-8 Sec. 2252.004. CONTRACT INVOLVING FEDERAL FUNDS
610-9 (Sections 2252.005-2252.030 reserved for expansion)
610-10 SUBCHAPTER B. INTEREST ON RETAINED PUBLIC WORKS CONTRACT PAYMENTS
610-11 Sec. 2252.031. DEFINITIONS
610-12 Sec. 2252.032. RETAINAGE
610-13 Sec. 2252.033. EXEMPTIONS
610-14 (Sections 2252.034-2252.060 reserved for expansion)
610-15 SUBCHAPTER C. PRIVATE AUXILIARY ENTERPRISE PROVIDING
610-16 SERVICES TO STATE AGENCIES OR INSTITUTIONS OF HIGHER EDUCATION
610-17 Sec. 2252.061. DEFINITIONS
610-18 Sec. 2252.062. FINANCIAL STATEMENT
610-19 Sec. 2252.063. PAYMENT STATEMENT
610-20 Sec. 2252.064. PERFORMANCE BOND
610-21 CHAPTER 2252. CONTRACTS WITH GOVERNMENTAL ENTITY
610-22 SUBCHAPTER A. NONRESIDENT BIDDERS
610-23 Sec. 2252.001. DEFINITIONS. In this subchapter:
610-24 (1) "Governmental contract" means a contract awarded
610-25 by a governmental entity for general construction, an improvement,
610-26 a service, or a public works project, or a purchase of supplies,
610-27 materials, or equipment.
611-1 (2) "Governmental entity" means:
611-2 (A) the state;
611-3 (B) a municipality, county, public school
611-4 district, or special-purpose district or authority;
611-5 (C) a district, county, or justice of the peace
611-6 court;
611-7 (D) a board, commission, department, office, or
611-8 other agency in the executive branch of state government, including
611-9 an institution of higher education as defined by Section 61.003,
611-10 Education Code;
611-11 (E) the legislature or a legislative agency; or
611-12 (F) the Supreme Court of Texas, the Texas Court
611-13 of Criminal Appeals, a court of appeals, or the State Bar of Texas
611-14 or another judicial agency having statewide jurisdiction.
611-15 (3) "Nonresident bidder" refers to a person who is not
611-16 a resident.
611-17 (4) "Resident bidder" refers to a person whose
611-18 principal place of business is in this state, including a
611-19 contractor whose ultimate parent company or majority owner has its
611-20 principal place of business in this state. (V.A.C.S. Art. 601g,
611-21 Sec. 1(a).)
611-22 Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A
611-23 governmental entity may not award a governmental contract to a
611-24 nonresident bidder unless the nonresident underbids the lowest bid
611-25 submitted by a responsible resident bidder by an amount that is not
611-26 less than the amount by which a resident bidder would be required
611-27 to underbid the nonresident bidder to obtain a comparable contract
612-1 in the state in which the nonresident's principal place of business
612-2 is located. (V.A.C.S. Art. 601g, Sec. 1(b) (part).)
612-3 Sec. 2252.003. PUBLICATION OF OTHER STATES' LAWS ON
612-4 CONTRACTS. (a) The General Services Commission annually shall
612-5 publish in the Texas Register:
612-6 (1) a list showing each state that regulates the award
612-7 of a governmental contract to a bidder whose principal place of
612-8 business is not located in that state; and
612-9 (2) the citation to and a summary of each state's most
612-10 recent law or regulation relating to the evaluation of a bid from
612-11 and award of a contract to a bidder whose principal place of
612-12 business is not located in that state.
612-13 (b) A governmental entity shall use the information
612-14 published under this section to evaluate the bid of a nonresident
612-15 bidder. A governmental entity may rely on information published
612-16 under this section to meet the requirements of Section 2252.002.
612-17 (V.A.C.S. Art. 601g, Sec. 1(b) (part).)
612-18 Sec. 2252.004. CONTRACT INVOLVING FEDERAL FUNDS. This
612-19 chapter does not apply to a contract involving federal funds.
612-20 (V.A.C.S. Art. 601g, Sec. 1(c).)
612-21 (Sections 2252.005-2252.030 reserved for expansion)
612-22 SUBCHAPTER B. INTEREST ON RETAINED PUBLIC WORKS CONTRACT PAYMENTS
612-23 Sec. 2252.031. DEFINITIONS. In this subchapter:
612-24 (1) "Governmental entity" means:
612-25 (A) the state, a county, or a municipality;
612-26 (B) a department, board, or agency of the state,
612-27 a county, or a municipality;
613-1 (C) a school district or a subdivision of a
613-2 school district; or
613-3 (D) any other governmental or quasi-governmental
613-4 authority authorized by statute to make a public works contract.
613-5 (2) "Prime contractor" means a person or persons,
613-6 firm, or corporation contracting with a governmental entity for a
613-7 public work.
613-8 (3) "Public works" includes the construction,
613-9 alteration, or repair of a public building or the construction or
613-10 completion of a public work.
613-11 (4) "Public works contract payment" means a payment by
613-12 a governmental entity for the value of labor, material, machinery,
613-13 fixtures, tools, power, water, fuel, or lubricants used or
613-14 consumed, ordered and delivered for use or consumption, or
613-15 specially fabricated for use or consumption but not yet delivered,
613-16 in the direct performance of a public works contract.
613-17 (5) "Retainage" means the part of a public works
613-18 contract payment withheld by a governmental entity to secure
613-19 performance of the contract. (V.A.C.S. Art. 6252-5b, Sec. 1.)
613-20 Sec. 2252.032. RETAINAGE. A governmental entity shall:
613-21 (1) deposit in an interest-bearing account the
613-22 retainage of a public works contract that provides for retainage of
613-23 more than five percent of the periodic contract payment; and
613-24 (2) pay the interest earned on the retainage to the
613-25 prime contractor on completion of the contract. (V.A.C.S. Art.
613-26 6252-5b, Sec. 2.)
613-27 Sec. 2252.033. EXEMPTIONS. This chapter does not apply to:
614-1 (1) a public works contract executed before August 31,
614-2 1981;
614-3 (2) a public works contract in which the total
614-4 contract price estimate at the time of execution of the contract is
614-5 less than $400,000; or
614-6 (3) a public works contract made by the Texas
614-7 Department of Transportation under Chapter 186, General Laws, Acts
614-8 of the 39th Legislature, Regular Session, 1925 (Article 6674a et
614-9 seq., Vernon's Texas Civil Statutes). (V.A.C.S. Art. 6252-5b,
614-10 Sec. 3 (part).)
614-11 (Sections 2252.034-2252.060 reserved for expansion)
614-12 SUBCHAPTER C. PRIVATE AUXILIARY ENTERPRISE PROVIDING SERVICES TO
614-13 STATE AGENCIES OR INSTITUTIONS OF HIGHER EDUCATION
614-14 Sec. 2252.061. DEFINITIONS. In this subchapter:
614-15 (1) "Auxiliary enterprise" means a business activity
614-16 that is conducted at a state agency, provides a service to the
614-17 agency, and is not paid for with appropriated money.
614-18 (2) "Contractor" means an individual, association,
614-19 corporation, or other business entity that operates an auxiliary
614-20 enterprise or performs a service of the auxiliary enterprise.
614-21 (3) "State agency" includes a state-supported
614-22 institution of higher education. (V.A.C.S. Art. 6252-5c, Sec. 1;
614-23 New.)
614-24 Sec. 2252.062. FINANCIAL STATEMENT. A contractor must
614-25 present at the time of contracting with a state agency a financial
614-26 statement prepared by a certified public accountant. (V.A.C.S.
614-27 Art. 6252-5c, Sec. 2.)
615-1 Sec. 2252.063. PAYMENT STATEMENT. (a) A contractor must
615-2 provide to the contracting state agency payment statements derived
615-3 from sales tax reports.
615-4 (b) The contractor annually must provide the payment
615-5 statements in accordance with the requirements of the state agency.
615-6 (c) A payment statement must be certified by a certified
615-7 public accountant licensed in this state. (V.A.C.S. Art. 6252-5c,
615-8 Sec. 3.)
615-9 Sec. 2252.064. PERFORMANCE BOND. (a) A contractor shall
615-10 execute a bond issued by a surety company authorized to do business
615-11 in this state in an amount determined by the contracting state
615-12 agency, but not to exceed the contract price.
615-13 (b) The bond must be payable to the state and conditioned on
615-14 the faithful performance of the terms of the contract. (V.A.C.S.
615-15 Art. 6252-5c, Sec. 4.)
615-16 CHAPTER 2253. PUBLIC WORK PERFORMANCE AND PAYMENT BONDS
615-17 SUBCHAPTER A. GENERAL PROVISIONS
615-18 Sec. 2253.001. DEFINITIONS
615-19 (Sections 2253.002-2253.020 reserved for expansion)
615-20 SUBCHAPTER B. GENERAL REQUIREMENTS; LIABILITY
615-21 Sec. 2253.021. PERFORMANCE AND PAYMENT BONDS REQUIRED
615-22 Sec. 2253.022. BOND PROHIBITED FOR CONTRACT OF $25,000
615-23 OR LESS
615-24 Sec. 2253.023. ATTEMPTED COMPLIANCE
615-25 Sec. 2253.024. INFORMATION FROM CONTRACTOR OR SUBCONTRACTOR
615-26 Sec. 2253.025. INFORMATION FROM PAYMENT BOND BENEFICIARY
615-27 Sec. 2253.026. COPY OF PAYMENT BOND AND CONTRACT
616-1 Sec. 2253.027. LIABILITY OF GOVERNMENTAL ENTITY
616-2 (Sections 2253.028-2253.040 reserved for expansion)
616-3 SUBCHAPTER C. NOTICE REQUIREMENTS
616-4 Sec. 2253.041. NOTICE REQUIRED FOR CLAIM FOR PAYMENT FOR
616-5 LABOR OR MATERIAL
616-6 Sec. 2253.042. COPY OF AGREEMENT AS NOTICE OF CLAIM FOR UNPAID
616-7 LABOR OR MATERIAL
616-8 Sec. 2253.043. NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIAL
616-9 WHEN WRITTEN AGREEMENT DOES NOT EXIST
616-10 Sec. 2253.044. NOTICE OF CLAIM FOR MULTIPLE ITEMS OF LABOR
616-11 OR MATERIAL
616-12 Sec. 2253.045. NOTICE OF CLAIM FOR UNPAID LABOR
616-13 OR MATERIAL UNDER WRITTEN UNIT PRICE
616-14 AGREEMENT
616-15 Sec. 2253.046. NOTICE REQUIRED FOR CLAIM FOR PAYMENT OF
616-16 RETAINAGE
616-17 Sec. 2253.047. ADDITIONAL NOTICE REQUIRED FOR PAYMENT BOND
616-18 BENEFICIARY WITHOUT DIRECT CONTRACTUAL
616-19 RELATIONSHIP WITH PRIME CONTRACTOR
616-20 Sec. 2253.048. MAILING NOTICE
616-21 (Sections 2253.049-2253.070 reserved for expansion)
616-22 SUBCHAPTER D. CLAIMS ON BONDS; ENFORCEMENT
616-23 Sec. 2253.071. TERMINATION OR ABANDONMENT OF CONTRACT;
616-24 PROCEEDS OF CONTRACT
616-25 Sec. 2253.072. STATE NOT LIABLE FOR COSTS
616-26 Sec. 2253.073. SUIT ON PAYMENT BOND
616-27 Sec. 2253.074. COSTS AND ATTORNEY'S FEES
617-1 Sec. 2253.075. ASSIGNMENT OF CLAIM
617-2 Sec. 2253.076. LIMITATIONS ON CERTAIN CLAIMS;
617-3 MAXIMUM RETAINAGE
617-4 Sec. 2253.077. VENUE
617-5 Sec. 2253.078. STATUTE OF LIMITATIONS
617-6 Sec. 2253.079. CRIMINAL OFFENSE FOR FALSE
617-7 AND FRAUDULENT CLAIM
617-8 CHAPTER 2253. PUBLIC WORK PERFORMANCE AND PAYMENT BONDS
617-9 SUBCHAPTER A. GENERAL PROVISIONS
617-10 Sec. 2253.001. DEFINITIONS. In this chapter:
617-11 (1) "Governmental entity" means a governmental or
617-12 quasi-governmental authority authorized by state law to make a
617-13 public work contract, including:
617-14 (A) the state, a county, or a municipality;
617-15 (B) a department, board, or agency of the state,
617-16 a county, or a municipality; and
617-17 (C) a school district or a subdivision of a
617-18 school district.
617-19 (2) "Payment bond beneficiary" means a person for
617-20 whose protection and use this chapter requires a payment bond.
617-21 (3) "Prime contractor" means a person, firm, or
617-22 corporation that makes a public work contract with a governmental
617-23 entity.
617-24 (4) "Public work contract" means a contract for
617-25 constructing, altering, or repairing a public building or carrying
617-26 out or completing any public work.
617-27 (5) "Public work labor" means labor used directly to
618-1 carry out a public work.
618-2 (6) "Public work material" means:
618-3 (A) material used, or ordered and delivered for
618-4 use, directly to carry out a public work;
618-5 (B) specially fabricated material;
618-6 (C) reasonable rental and actual running repair
618-7 costs for construction equipment used, or reasonably required and
618-8 delivered for use, directly to carry out work at the project site;
618-9 or
618-10 (D) power, water, fuel, and lubricants used, or
618-11 ordered and delivered for use, directly to carry out a public work.
618-12 (7) "Retainage" means the part of the payments under a
618-13 public work contract that are not required to be paid within the
618-14 month after the month in which the public work labor is performed
618-15 or public work material is delivered under the contract.
618-16 (8) "Specially fabricated material" means material
618-17 ordered by a prime contractor or subcontractor that is:
618-18 (A) specially fabricated for use in a public
618-19 work; and
618-20 (B) reasonably unsuitable for another use.
618-21 (9) "Subcontractor" means a person, firm, or
618-22 corporation that provides public work labor or material to fulfill
618-23 an obligation to a prime contractor or to a contractor of the prime
618-24 contractor for the performance and installation of any of the work
618-25 required by a public work contract. (V.A.C.S. Art. 5160, Secs. A
618-26 (part), B (part), C (part); New.)
618-27 (Sections 2253.002-2253.020 reserved for expansion)
619-1 SUBCHAPTER B. GENERAL REQUIREMENTS; LIABILITY
619-2 Sec. 2253.021. PERFORMANCE AND PAYMENT BONDS REQUIRED. (a)
619-3 A governmental entity that makes a public work contract for more
619-4 than $25,000 with a prime contractor shall require the contractor,
619-5 before beginning the work, to execute to the governmental entity a
619-6 performance bond and a payment bond.
619-7 (b) The performance bond is:
619-8 (1) solely for the protection of the state or
619-9 governmental entity awarding the public work contract;
619-10 (2) in the amount of the contract; and
619-11 (3) conditioned on the faithful performance of the
619-12 work in accordance with the plans, specifications, and contract
619-13 documents.
619-14 (c) The payment bond is:
619-15 (1) solely for the protection and use of payment bond
619-16 beneficiaries who have a direct contractual relationship with the
619-17 prime contractor or a subcontractor to supply public work labor or
619-18 material; and
619-19 (2) in the amount of the contract.
619-20 (d) A bond required by this section must be executed by a
619-21 corporate surety in accordance with Section 1, Chapter 87, Acts of
619-22 the 56th Legislature, Regular Session, 1959 (Article 7.19-1,
619-23 Vernon's Texas Insurance Code).
619-24 (e) A bond executed for a public work contract with the
619-25 state or a department, board, or agency of the state must be
619-26 payable to the state and its form must be approved by the attorney
619-27 general. A bond executed for a public work contract with another
620-1 governmental entity must be payable to and its form must be
620-2 approved by the awarding governmental entity. (V.A.C.S. Art.
620-3 5160, Secs. A (part), C (part).)
620-4 Sec. 2253.022. BOND PROHIBITED FOR CONTRACT OF $25,000 OR
620-5 LESS. A governmental entity may not require a bond for a public
620-6 work contract for $25,000 or less. (V.A.C.S. Art. 5160, Sec. A
620-7 (part).)
620-8 Sec. 2253.023. ATTEMPTED COMPLIANCE. (a) A bond furnished
620-9 by a prime contractor in an attempt to comply with this chapter
620-10 shall be construed to comply with this chapter regarding the rights
620-11 created, limitations on those rights, and remedies provided.
620-12 (b) A provision in a bond furnished by a prime contractor in
620-13 an attempt to comply with this chapter that expands or restricts a
620-14 right or liability under this chapter shall be disregarded, and
620-15 this chapter shall apply to that bond. (V.A.C.S. Art. 5160, Sec. A
620-16 (part).)
620-17 Sec. 2253.024. INFORMATION FROM CONTRACTOR OR SUBCONTRACTOR.
620-18 (a) A prime contractor, on the written request of a person who
620-19 provides public work labor or material and when required by
620-20 Subsection (c), shall provide to the person:
620-21 (1) the name and last known address of the
620-22 governmental entity with whom the prime contractor contracted for
620-23 the public work; and
620-24 (2) a copy of the payment and performance bonds for
620-25 the public work, including bonds furnished by or to the prime
620-26 contractor.
620-27 (b) A subcontractor, on the written request of a
621-1 governmental entity, the prime contractor, a surety on a bond that
621-2 covers the public work contract, or a person providing work under
621-3 the subcontract and when required by Subsection (c), shall provide
621-4 to the person requesting the information:
621-5 (1) the name and last known address of each person
621-6 from whom the subcontractor purchased public work labor or
621-7 material, other than public work material from the subcontractor's
621-8 inventory;
621-9 (2) the name and last known address of each person to
621-10 whom the subcontractor provided public work labor or material;
621-11 (3) a statement of whether the subcontractor furnished
621-12 a bond for the benefit of its subcontractors and materialmen;
621-13 (4) the name and last known address of the surety on
621-14 the bond the subcontractor furnished; and
621-15 (5) a copy of that bond.
621-16 (c) Information requested shall be provided within a
621-17 reasonable time but not later than the 10th day after the receipt
621-18 of the written request for the information.
621-19 (d) A person from whom information is requested may require
621-20 payment of the actual cost, not to exceed $25, for providing the
621-21 requested information if the person does not have a direct
621-22 contractual relationship with the person requesting information
621-23 that relates to the public work.
621-24 (e) A person who fails to provide information required by
621-25 this section is liable to the requesting person for that person's
621-26 reasonable and necessary costs incurred in getting the requested
621-27 information. (V.A.C.S. Art. 5160, Secs. I(a), (b), (d), (e).)
622-1 Sec. 2253.025. INFORMATION FROM PAYMENT BOND BENEFICIARY.
622-2 (a) A payment bond beneficiary, not later than the 30th day after
622-3 the date the beneficiary receives a written request from the prime
622-4 contractor or a surety on a bond on which a claim is made, shall
622-5 provide to the contractor or surety:
622-6 (1) a copy of any applicable written agreement or
622-7 purchase order; and
622-8 (2) any statement or payment request of the
622-9 beneficiary that shows the amount claimed and the work performed by
622-10 the beneficiary for which the claim is made.
622-11 (b) If requested, the payment bond beneficiary shall provide
622-12 the estimated amount due for each calendar month in which the
622-13 beneficiary performed public work labor or provided public work
622-14 material. (V.A.C.S. Art. 5160, Sec. I(c).)
622-15 Sec. 2253.026. COPY OF PAYMENT BOND AND CONTRACT. (a) A
622-16 governmental entity shall furnish a certified copy of a payment
622-17 bond and the public work contract for which the bond was given to
622-18 any person who applies for the copy and who submits an affidavit
622-19 that the person:
622-20 (1) has supplied public work labor or material for
622-21 which the person has not been paid;
622-22 (2) has contracted for specially fabricated material
622-23 for which the person has not been paid; or
622-24 (3) is being sued on a payment bond.
622-25 (b) The copy of the payment bond or public work contract is
622-26 prima facie evidence of the content, execution, and delivery of the
622-27 original.
623-1 (c) An applicant under this section shall pay any reasonable
623-2 fee set by the governmental entity for the actual cost of
623-3 preparation of the copies. (V.A.C.S. Art. 5160, Sec. F.)
623-4 Sec. 2253.027. LIABILITY OF GOVERNMENTAL ENTITY. If a
623-5 governmental entity fails to obtain from a prime contractor a
623-6 payment bond as required by Section 2253.021:
623-7 (1) the entity is subject to the same liability that a
623-8 surety would have if the surety had issued a payment bond and if
623-9 the entity had obtained the bond; and
623-10 (2) a payment bond beneficiary is entitled to a lien
623-11 on money due to the prime contractor in the same manner and to the
623-12 same extent as if the public work contract were subject to
623-13 Subchapter J, Chapter 53, Property Code. (V.A.C.S. Art. 5160, Sec.
623-14 A (part).)
623-15 (Sections 2253.028-2253.040 reserved for expansion)
623-16 SUBCHAPTER C. NOTICE REQUIREMENTS
623-17 Sec. 2253.041. NOTICE REQUIRED FOR CLAIM FOR PAYMENT FOR
623-18 LABOR OR MATERIAL. (a) To recover in a suit under Section
623-19 2253.073 on a payment bond for a claim for payment for public work
623-20 labor performed or public work material delivered, a payment bond
623-21 beneficiary must mail to the prime contractor and the surety
623-22 written notice of the claim.
623-23 (b) The notice must be mailed on or before the 15th day of
623-24 the third month after each month in which any of the claimed labor
623-25 was performed or any of the claimed material was delivered.
623-26 (c) The notice must be accompanied by a sworn statement of
623-27 account that states in substance:
624-1 (1) the amount claimed is just and correct; and
624-2 (2) all just and lawful offsets, payments, and credits
624-3 known to the affiant have been allowed.
624-4 (d) The statement of account shall include the amount of any
624-5 retainage applicable to the account that has not become due under
624-6 the terms of the public work contract between the payment bond
624-7 beneficiary and the prime contractor or between the payment bond
624-8 beneficiary and a subcontractor. (V.A.C.S. Art. 5160, Sec. B
624-9 (part).)
624-10 Sec. 2253.042. COPY OF AGREEMENT AS NOTICE OF CLAIM FOR
624-11 UNPAID LABOR OR MATERIAL. A payment bond beneficiary has the
624-12 option to enclose with the sworn statement of account, as the
624-13 notice for a claim under a written agreement for payment for public
624-14 work labor performed or public work material delivered, a copy of
624-15 the written agreement and a statement of the completion or the
624-16 value of partial completion of the agreement. (V.A.C.S. Art. 5160,
624-17 Sec. B (part).)
624-18 Sec. 2253.043. NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIAL
624-19 WHEN WRITTEN AGREEMENT DOES NOT EXIST. (a) Except as provided by
624-20 Section 2253.044, if a written agreement does not exist between the
624-21 payment bond beneficiary and the prime contractor or between the
624-22 payment bond beneficiary and the subcontractor, the notice for a
624-23 claim for unpaid bills must contain:
624-24 (1) the name of the party for whom the public work
624-25 labor was performed or to whom the public work material was
624-26 delivered;
624-27 (2) the approximate date of performance or delivery;
625-1 (3) a description of the public work labor or material
625-2 for reasonable identification; and
625-3 (4) the amount due.
625-4 (b) The payment bond beneficiary must generally itemize the
625-5 claim and include with it copies of documents, invoices, or orders
625-6 that reasonably identify:
625-7 (1) the public work labor performed or public work
625-8 material delivered for which the claim is made;
625-9 (2) the job; and
625-10 (3) the destination of delivery. (V.A.C.S. Art. 5160,
625-11 Sec. B (part).)
625-12 Sec. 2253.044. NOTICE OF CLAIM FOR MULTIPLE ITEMS OF LABOR
625-13 OR MATERIAL. The notice for a claim for lump-sum payment for
625-14 multiple items of public work labor or material must:
625-15 (1) describe the labor or material in a manner that
625-16 reasonably identifies the labor or material;
625-17 (2) state the name of the party for whom the labor was
625-18 performed or to whom the material was delivered;
625-19 (3) state the approximate date of performance or
625-20 delivery;
625-21 (4) state whether the contract is written or oral;
625-22 (5) state the amount of the contract; and
625-23 (6) state the amount claimed. (V.A.C.S. Art. 5160,
625-24 Sec. B (part).)
625-25 Sec. 2253.045. NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIAL
625-26 UNDER WRITTEN UNIT PRICE AGREEMENT. The notice for a claim for
625-27 public work labor performed or public work material delivered by a
626-1 payment bond beneficiary who is a subcontractor or materialman to
626-2 the prime contractor or to a subcontractor and who has a written
626-3 unit price agreement that is wholly or partially completed is
626-4 sufficient if the beneficiary attaches to the sworn statement of
626-5 account:
626-6 (1) a list of units and unit prices set by the
626-7 contract; and
626-8 (2) a statement of those completed and partially
626-9 completed units. (V.A.C.S. Art. 5160, Sec. B (part).)
626-10 Sec. 2253.046. NOTICE REQUIRED FOR CLAIM FOR PAYMENT OF
626-11 RETAINAGE. (a) To recover in a suit under Section 2253.073 on a
626-12 payment bond for a claim for payment of retainage, a payment bond
626-13 beneficiary whose contract with a prime contractor or subcontractor
626-14 provides for retainage must mail written notice of the claim to the
626-15 prime contractor and the surety on or before the 90th day after the
626-16 date of final completion of the public work contract.
626-17 (b) The notice shall consist of a statement of:
626-18 (1) the amount of the contract;
626-19 (2) any amount paid; and
626-20 (3) the outstanding balance.
626-21 (c) Notice of a claim for payment of retainage is not
626-22 required if the amount claimed is part of a prior claim made under
626-23 this subchapter. (V.A.C.S. Art. 5160, Sec. B (part).)
626-24 Sec. 2253.047. ADDITIONAL NOTICE REQUIRED FOR PAYMENT BOND
626-25 BENEFICIARY WITHOUT DIRECT CONTRACTUAL RELATIONSHIP WITH PRIME
626-26 CONTRACTOR. (a) To recover in a suit under Section 2253.073 on a
626-27 payment bond, a payment bond beneficiary who does not have a direct
627-1 contractual relationship with the prime contractor for public work
627-2 labor or material must mail notice as required by this section.
627-3 (b) A payment bond beneficiary who contracts with a
627-4 subcontractor for retainage must mail, on or before the 15th day of
627-5 the second month after the date of the beginning of the delivery of
627-6 public work material or the performance of public work labor,
627-7 written notice to the prime contractor that:
627-8 (1) the contract provides for retainage; and
627-9 (2) generally indicates the nature of the retainage.
627-10 (c) The payment bond beneficiary must mail to the prime
627-11 contractor written notice of a claim for any unpaid public work
627-12 labor performed or public work material delivered. The notice must
627-13 be mailed on or before the 15th day of the second month after each
627-14 month in which the labor was performed or the material was
627-15 delivered. A copy of the statement sent to a subcontractor is
627-16 sufficient as notice under this subsection.
627-17 (d) The payment bond beneficiary must mail to the prime
627-18 contractor, on or before the 15th day of the second month after the
627-19 receipt and acceptance of an order for specially fabricated
627-20 material, written notice that the order has been received and
627-21 accepted.
627-22 (e) This section applies only to a payment bond beneficiary
627-23 who is not an individual mechanic or laborer and who makes a claim
627-24 for wages. (V.A.C.S. Art. 5160, Sec. B (part).)
627-25 Sec. 2253.048. MAILING NOTICE. (a) A notice required by
627-26 this subchapter to be mailed must be sent by certified or
627-27 registered mail.
628-1 (b) A notice required by this subchapter to be mailed to a
628-2 prime contractor must be addressed to the prime contractor at the
628-3 contractor's residence or last known business address. (V.A.C.S.
628-4 Art. 5160, Sec. B (part).)
628-5 (Sections 2253.049-2253.070 reserved for expansion)
628-6 SUBCHAPTER D. CLAIMS ON BONDS; ENFORCEMENT
628-7 Sec. 2253.071. TERMINATION OR ABANDONMENT OF CONTRACT;
628-8 PROCEEDS OF CONTRACT. (a) The proceeds of a public work contract
628-9 are not payable, until all costs of completion of the contract work
628-10 are paid by the contractor or the contractor's surety, to a
628-11 contractor who furnishes a bond required by this chapter if:
628-12 (1) the contractor abandons performance of the
628-13 contract; or
628-14 (2) the contractor's right to proceed with performance
628-15 of the contract is lawfully terminated by the awarding governmental
628-16 entity because of the contractor's default.
628-17 (b) The balance of the public work contract proceeds
628-18 remaining after the costs of completion are paid shall be paid
628-19 according to the contractor's and the surety's interests as may be
628-20 established by agreement or by judgment of a court.
628-21 (c) A surety that completes a public work contract or incurs
628-22 a loss under a performance bond required under this chapter has a
628-23 claim to the proceeds of the contract prior to all other creditors
628-24 of the prime contractor to the full extent of the surety's loss.
628-25 That priority does not excuse the surety from paying an obligation
628-26 under a payment bond. (V.A.C.S. Art. 5160, Sec. E.)
628-27 Sec. 2253.072. STATE NOT LIABLE FOR COSTS. The state is not
629-1 liable for payment of a cost or expense of a suit brought by any
629-2 party on a payment bond furnished under this chapter. (V.A.C.S.
629-3 Art. 5160, Sec. G (part).)
629-4 Sec. 2253.073. SUIT ON PAYMENT BOND. (a) A payment bond
629-5 beneficiary who has provided public work labor or material under a
629-6 public work contract for which a payment bond is furnished under
629-7 this chapter may sue the principal or surety, jointly or severally,
629-8 on the payment bond if the claim is not paid before the 61st day
629-9 after the date the notice for the claim is mailed.
629-10 (b) Suit may be brought under Subsection (a) for:
629-11 (1) the unpaid balance of the beneficiary's claim at
629-12 the time the claim was mailed or the suit is brought; and
629-13 (2) reasonable attorney's fees. (V.A.C.S. Art. 5160,
629-14 Sec. B (part).)
629-15 Sec. 2253.074. COSTS AND ATTORNEY'S FEES. A court may award
629-16 costs and reasonable attorney's fees that are equitable in a
629-17 proceeding to enforce a claim on a payment bond or to declare that
629-18 any part of a claim is invalid. (V.A.C.S. Art. 5160, Sec. H.)
629-19 Sec. 2253.075. ASSIGNMENT OF CLAIM. A third party to whom a
629-20 claim is assigned is in the same position as a payment bond
629-21 beneficiary if notice is given as required by this chapter.
629-22 (V.A.C.S. Art. 5160, Sec. C (part).)
629-23 Sec. 2253.076. LIMITATIONS ON CERTAIN CLAIMS; MAXIMUM
629-24 RETAINAGE. (a) The amount of a subcontractor's claim, including
629-25 previous payments, may not exceed the proportion of the subcontract
629-26 price that the work done bears to the total of the work covered by
629-27 the subcontract.
630-1 (b) A claim for specially fabricated material that has not
630-2 been delivered or incorporated into the public work is limited to
630-3 material that conforms to and complies with the plans,
630-4 specifications, and contract documents for the material. The
630-5 amount of the claim may not exceed the reasonable cost, less the
630-6 fair salvage value, of the specially fabricated material.
630-7 (c) A claim for retainage in a notice under this subchapter
630-8 is not valid for an amount greater than the amount of retainage
630-9 specified in the public work contract between the payment bond
630-10 beneficiary and the prime contractor or between the payment bond
630-11 beneficiary and the subcontractor. A claim for retainage is never
630-12 valid for an amount greater than 10 percent of the amount of that
630-13 contract. (V.A.C.S. Art. 5160, Secs. B (part), C (part).)
630-14 Sec. 2253.077. VENUE. A suit under this chapter shall be
630-15 brought in a court in a county in which any part of the public work
630-16 is located. (V.A.C.S. Art. 5160, Sec. G (part).)
630-17 Sec. 2253.078. STATUTE OF LIMITATIONS. (a) A suit on a
630-18 performance bond may not be brought after the first anniversary of
630-19 the date of final completion, abandonment, or termination of the
630-20 public work contract.
630-21 (b) A suit on a payment bond may not be brought by a payment
630-22 bond beneficiary after the first anniversary of the date notice for
630-23 a claim is mailed under this chapter. (V.A.C.S. Art. 5160, Sec. G
630-24 (part).)
630-25 Sec. 2253.079. CRIMINAL OFFENSE FOR FALSE AND FRAUDULENT
630-26 CLAIM. (a) A person commits an offense if the person wilfully
630-27 files a false and fraudulent claim under this chapter.
631-1 (b) An offense under this section is subject to the penalty
631-2 for false swearing. (V.A.C.S. Art. 5160, Sec. D.)
631-3 CHAPTER 2254. PROFESSIONAL AND CONSULTING SERVICES
631-4 SUBCHAPTER A. PROFESSIONAL SERVICES
631-5 Sec. 2254.001. SHORT TITLE
631-6 Sec. 2254.002. DEFINITIONS
631-7 Sec. 2254.003. SELECTION OF PROVIDER; FEES
631-8 Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF
631-9 ARCHITECT OR ENGINEER
631-10 Sec. 2254.005. VOID CONTRACT
631-11 (Sections 2254.006-2254.020 reserved for expansion)
631-12 SUBCHAPTER B. CONSULTING SERVICES
631-13 Sec. 2254.021. DEFINITIONS
631-14 Sec. 2254.022. INTERPRETATION OF SUBCHAPTER
631-15 Sec. 2254.023. APPLICABILITY OF SUBCHAPTER
631-16 Sec. 2254.024. EXEMPTIONS
631-17 Sec. 2254.025. EMERGENCY WAIVER
631-18 Sec. 2254.026. CONTRACT WITH PRIVATE CONSULTANT
631-19 Sec. 2254.027. SELECTION OF PRIVATE CONSULTANT
631-20 Sec. 2254.028. NOTICE OF INTENT: MAJOR CONSULTING
631-21 SERVICES CONTRACT
631-22 Sec. 2254.029. PUBLICATION IN TEXAS REGISTER BEFORE ENTERING
631-23 INTO MAJOR CONSULTING SERVICES CONTRACT
631-24 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
631-25 INTO MAJOR CONSULTING SERVICES CONTRACT
631-26 Sec. 2254.031. RENEWAL; AMENDMENT; EXTENSION
631-27 Sec. 2254.032. CONFLICTS OF INTEREST
632-1 Sec. 2254.033. RESTRICTION ON FORMER EMPLOYEES OF A
632-2 STATE AGENCY
632-3 Sec. 2254.034. CONTRACT VOID
632-4 Sec. 2254.035. DIVIDING CONTRACTS
632-5 Sec. 2254.036. ARCHIVES
632-6 Sec. 2254.037. REPORTS
632-7 Sec. 2254.038. MIXED CONTRACTS
632-8 Sec. 2254.039. COMPTROLLER'S RULES
632-9 Sec. 2254.040. PROCUREMENT BY GENERAL SERVICES COMMISSION
632-10 CHAPTER 2254. PROFESSIONAL AND CONSULTING SERVICES
632-11 SUBCHAPTER A. PROFESSIONAL SERVICES
632-12 Sec. 2254.001. SHORT TITLE. This subchapter may be cited as
632-13 the Professional Services Procurement Act. (V.A.C.S. Art. 664-4,
632-14 Sec. 1.)
632-15 Sec. 2254.002. DEFINITIONS. In this subchapter:
632-16 (1) "Governmental entity" means:
632-17 (A) a state agency or department;
632-18 (B) a district, authority, county, municipality,
632-19 or other political subdivision of the state; or
632-20 (C) a publicly owned utility.
632-21 (2) "Professional services" means services:
632-22 (A) within the scope of the practice, as defined
632-23 by state law, of:
632-24 (i) accounting;
632-25 (ii) architecture;
632-26 (iii) land surveying;
632-27 (iv) medicine;
633-1 (v) optometry; or
633-2 (vi) professional engineering; or
633-3 (B) provided in connection with the professional
633-4 employment or practice of a person who is licensed as:
633-5 (i) a certified public accountant;
633-6 (ii) an architect;
633-7 (iii) a land surveyor;
633-8 (iv) a physician, including a surgeon;
633-9 (v) an optometrist; or
633-10 (vi) a professional engineer. (V.A.C.S.
633-11 Art. 664-4, Sec. 2; New.)
633-12 Sec. 2254.003. SELECTION OF PROVIDER; FEES. (a) A
633-13 governmental entity may not select a provider of professional
633-14 services or award a contract for the services on the basis of
633-15 competitive bids submitted for the contract or for the services,
633-16 but shall make the selection and award:
633-17 (1) on the basis of demonstrated competence and
633-18 qualifications to perform the services; and
633-19 (2) for a fair and reasonable price.
633-20 (b) The professional fees under the contract:
633-21 (1) must be consistent with and not higher than the
633-22 recommended practices and fees published by the applicable
633-23 professional associations; and
633-24 (2) may not exceed any maximum provided by law.
633-25 (V.A.C.S. Art. 664-4, Sec. 3.)
633-26 Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF
633-27 ARCHITECT OR ENGINEER. (a) In procuring architectural or
634-1 engineering services, a governmental entity shall:
634-2 (1) first select the most highly qualified provider of
634-3 those services on the basis of demonstrated competence and
634-4 qualifications; and
634-5 (2) then attempt to negotiate with that provider a
634-6 contract at a fair and reasonable price.
634-7 (b) If a satisfactory contract cannot be negotiated with the
634-8 most highly qualified provider of architectural or engineering
634-9 services, the entity shall:
634-10 (1) formally end negotiations with that provider;
634-11 (2) select the next most highly qualified provider;
634-12 and
634-13 (3) attempt to negotiate a contract with that provider
634-14 at a fair and reasonable price.
634-15 (c) The entity shall continue the process described in
634-16 Subsection (b) to select and negotiate with providers until a
634-17 contract is entered into. (V.A.C.S. Art. 664-4, Sec. 3A.)
634-18 Sec. 2254.005. VOID CONTRACT. A contract entered into or an
634-19 arrangement made in violation of this subchapter is void as against
634-20 public policy. (V.A.C.S. Art. 664-4, Sec. 4.)
634-21 (Sections 2254.006-2254.020 reserved for expansion)
634-22 SUBCHAPTER B. CONSULTING SERVICES
634-23 Sec. 2254.021. DEFINITIONS. In this subchapter:
634-24 (1) "Consulting service" means the service of studying
634-25 or advising a state agency under a contract that does not involve
634-26 the traditional relationship of employer and employee.
634-27 (2) "Major consulting services contract" means a
635-1 consulting services contract for which it is reasonably foreseeable
635-2 that the value of the contract will exceed $10,000.
635-3 (3) "Private consultant" means a person that provides
635-4 or proposes to provide a consulting service.
635-5 (4) "State agency" means a state department,
635-6 commission, board, office, institution, facility, or other agency
635-7 the jurisdiction of which is not limited to a geographical portion
635-8 of the state. The term includes a university system and an
635-9 institution of higher education, other than a public junior
635-10 college, as those terms are defined by Section 61.003, Education
635-11 Code. (V.A.C.S. Art. 6252-11c, Sec. 1; New.)
635-12 Sec. 2254.022. INTERPRETATION OF SUBCHAPTER. (a) This
635-13 subchapter shall be interpreted to ensure:
635-14 (1) the greatest and fairest competition in the
635-15 selection by state agencies of private consultants; and
635-16 (2) the giving of notice to all potential private
635-17 consultants of the need for and opportunity to provide consulting
635-18 services.
635-19 (b) This subchapter does not:
635-20 (1) discourage state agencies from using private
635-21 consultants if the agencies reasonably foresee that the use of
635-22 private consultants will produce a more efficient and less costly
635-23 operation or project;
635-24 (2) prohibit the making of a sole-source contract for
635-25 consulting services if a proposal is not received from a competent,
635-26 knowledgeable, and qualified private consultant at a reasonable
635-27 fee, after compliance with this subchapter; or
636-1 (3) require or prohibit the use of competitive bidding
636-2 procedures to purchase consulting services. (V.A.C.S. Art.
636-3 6252-11c, Sec. 16.)
636-4 Sec. 2254.023. APPLICABILITY OF SUBCHAPTER. This subchapter
636-5 applies to consulting services that a state agency acquires with
636-6 money:
636-7 (1) appropriated by the legislature;
636-8 (2) derived from the exercise of the statutory duties
636-9 of a state agency; or
636-10 (3) received from the federal government, unless a
636-11 federal law or regulation conflicts with the application of this
636-12 subchapter. (V.A.C.S. Art. 6252-11c, Sec. 2(b).)
636-13 Sec. 2254.024. EXEMPTIONS. (a) This subchapter does not
636-14 apply to or discourage the use of consulting services provided by:
636-15 (1) practitioners of professional services described
636-16 in Subchapter A;
636-17 (2) private legal counsel;
636-18 (3) investment counselors;
636-19 (4) actuaries;
636-20 (5) medical or dental services providers; or
636-21 (6) other consultants whose services are determined by
636-22 the governing board of a retirement system trust fund to be
636-23 necessary for the governing board to perform its constitutional
636-24 fiduciary duties, except that the governing board shall comply with
636-25 Section 2254.030.
636-26 (b) If the governor, comptroller, and General Services
636-27 Commission consider it more advantageous to the state to procure a
637-1 particular consulting service under the procedures of Article 3,
637-2 State Purchasing and General Services Act (Article 601b, Vernon's
637-3 Texas Civil Statutes), instead of under this subchapter, they may
637-4 make a memorandum of understanding to that effect and each adopt
637-5 the memorandum by rule. Procurement of a consulting service
637-6 described in a memorandum of understanding under this subsection is
637-7 subject only to Article 3, State Purchasing and General Services
637-8 Act (Article 601b, Vernon's Texas Civil Statutes).
637-9 (c) The comptroller by rule may define circumstances in
637-10 which a state agency may procure, without complying with this
637-11 subchapter, certain consulting services that will cost less than a
637-12 minimum amount established by the comptroller. The comptroller
637-13 must determine that noncompliance in those circumstances is more
637-14 cost-effective for the state. (V.A.C.S. Art. 6252-11c, Secs. 2(a),
637-15 (c), (d).)
637-16 Sec. 2254.025. EMERGENCY WAIVER. (a) The governor, after
637-17 receipt of a request complying with this section, may grant a
637-18 limited waiver of the provisions of this subchapter for a state
637-19 agency that requires private consulting services before compliance
637-20 with this subchapter can be completed because of an unforeseen
637-21 emergency.
637-22 (b) A state agency's request for a waiver must include
637-23 information required by the governor, including:
637-24 (1) information about the nature of the emergency;
637-25 (2) the reason that the state agency did not foresee
637-26 the emergency;
637-27 (3) the name of the private consultant with whom the
638-1 agency intends to contract; and
638-2 (4) the amount of the intended contract.
638-3 (c) As soon as possible after the governor grants a limited
638-4 waiver, a state agency shall comply with this subchapter to the
638-5 extent that the requirements of this subchapter are not superfluous
638-6 or ineffective because of the waiver. The agency shall include
638-7 with information filed with the secretary of state for publication
638-8 in the Texas Register a detailed description of the emergency on
638-9 which the request for waiver was predicated.
638-10 (d) The governor shall adopt rules to administer this
638-11 section.
638-12 (e) In this section, "unforeseen emergency" means a
638-13 situation that suddenly and unexpectedly causes a state agency to
638-14 need the services of a private consultant. The term includes the
638-15 issuance of a court order, an actual or imminent natural disaster,
638-16 and new state or federal legislation. An emergency is not
638-17 unforeseen if a state agency was negligent in foreseeing the
638-18 occurrence of the emergency.
638-19 (f) This section applies to all consulting services
638-20 contracts and renewals, amendments, and extensions of consulting
638-21 services contracts. (V.A.C.S. Art. 6252-11c, Sec. 10.)
638-22 Sec. 2254.026. CONTRACT WITH PRIVATE CONSULTANT. A state
638-23 agency may contract with a private consultant only if:
638-24 (1) there is a substantial need for the consulting
638-25 services; and
638-26 (2) the agency cannot adequately perform the services
638-27 with its own personnel or obtain the consulting services through a
639-1 contract with another state agency. (V.A.C.S. Art. 6252-11c,
639-2 Sec. 3(a).)
639-3 Sec. 2254.027. SELECTION OF PRIVATE CONSULTANT. In
639-4 selecting a private consultant, a state agency shall:
639-5 (1) base its choice on demonstrated competence,
639-6 knowledge, and qualifications, and on the reasonableness of the
639-7 proposed fee for the services; and
639-8 (2) if other considerations are equal, give a
639-9 preference to a private consultant whose principal place of
639-10 business is in the state or who will manage the consulting contract
639-11 wholly from an office in the state. (V.A.C.S. Art. 6252-11c,
639-12 Sec. 3(b).)
639-13 Sec. 2254.028. NOTICE OF INTENT: MAJOR CONSULTING SERVICES
639-14 CONTRACT. (a) Before entering into a major consulting services
639-15 contract, a state agency shall:
639-16 (1) notify the Legislative Budget Board and the
639-17 governor's Budget and Planning Office that the agency intends to
639-18 contract with a private consultant;
639-19 (2) give information to the Legislative Budget Board
639-20 and the governor's Budget and Planning Office to demonstrate that
639-21 the agency has complied or will comply with Sections 2254.026 and
639-22 2254.027; and
639-23 (3) obtain a finding of fact from the governor's
639-24 Budget and Planning Office that the consulting services are
639-25 necessary.
639-26 (b) A major consulting services contract that a state agency
639-27 enters into without first obtaining the finding required by
640-1 Subsection (a)(3) is void. (V.A.C.S. Art. 6252-11c, Sec. 4.)
640-2 Sec. 2254.029. PUBLICATION IN TEXAS REGISTER BEFORE ENTERING
640-3 INTO MAJOR CONSULTING SERVICES CONTRACT. (a) Not later than the
640-4 30th day before the date it enters into a major consulting services
640-5 contract, a state agency shall file with the secretary of state for
640-6 publication in the Texas Register:
640-7 (1) an invitation for private consultants to provide
640-8 offers of consulting services;
640-9 (2) the name of the individual who should be contacted
640-10 by a private consultant that intends to make an offer;
640-11 (3) the closing date for the receipt of offers; and
640-12 (4) the procedure by which the state agency will award
640-13 the contract.
640-14 (b) If the consulting services sought by a state agency
640-15 relate to services previously provided by a private consultant, the
640-16 agency shall disclose that fact in the invitation required by
640-17 Subsection (a). If the state agency intends to award the contract
640-18 for the consulting services to a private consultant that previously
640-19 provided the services, unless a better offer is received, the
640-20 agency shall disclose its intention in the invitation required by
640-21 Subsection (a). (V.A.C.S. Art. 6252-11c, Sec. 5.)
640-22 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
640-23 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 10th
640-24 day after the date of entering into a major consulting services
640-25 contract, the state agency shall file with the secretary of state
640-26 for publication in the Texas Register:
640-27 (1) a description of the activities that the private
641-1 consultant will conduct;
641-2 (2) the name and business address of the private
641-3 consultant;
641-4 (3) the total value and the beginning and ending dates
641-5 of the contract; and
641-6 (4) the dates on which documents, films, recordings,
641-7 or reports that the private consultant is required to present to
641-8 the agency are due. (V.A.C.S. Art. 6252-11c, Sec. 6.)
641-9 Sec. 2254.031. RENEWAL; AMENDMENT; EXTENSION. (a) A state
641-10 agency that intends to renew a major consulting services contract
641-11 shall:
641-12 (1) file with the secretary of state for publication
641-13 in the Texas Register the information required by Section 2254.030
641-14 not later than the 10th day after the date the contract is renewed
641-15 if the renewal is not a major consulting services contract; or
641-16 (2) comply with Sections 2254.028 and 2254.029 if the
641-17 renewal is a major consulting services contract.
641-18 (b) A state agency that intends to renew a contract that is
641-19 not a major consulting services contract shall comply with Sections
641-20 2254.028 and 2254.029 if the original contract and the renewal have
641-21 a reasonably foreseeable value totaling more than $10,000.
641-22 (c) A state agency that intends to amend or extend a major
641-23 consulting services contract shall:
641-24 (1) not later than the 10th day after the date the
641-25 contract is amended or extended, file the information required by
641-26 Section 2254.030 with the secretary of state for publication in the
641-27 Texas Register if the amendment or extension is not a major
642-1 consulting services contract; or
642-2 (2) comply with Sections 2254.028 and 2254.029 if the
642-3 amendment or extension is a major consulting services contract.
642-4 (d) A state agency that intends to amend or extend a
642-5 contract that is not a major consulting services contract shall
642-6 comply with Sections 2254.028 and 2254.029 if the original contract
642-7 and the amendment or extension have a reasonably foreseeable value
642-8 totaling more than $10,000. (V.A.C.S. Art. 6252-11c, Sec. 7.)
642-9 Sec. 2254.032. CONFLICTS OF INTEREST. (a) An officer or
642-10 employee of a state agency shall report to the chief executive of
642-11 the agency, not later than the 10th day after the date on which a
642-12 private consultant submits an offer to provide consulting services
642-13 to the agency, any financial interest that:
642-14 (1) the officer or employee has in the private
642-15 consultant who submitted the offer; or
642-16 (2) an individual who is related to the officer or
642-17 employee within the second degree by consanguinity or affinity, as
642-18 determined under Chapter 573, has in the private consultant who
642-19 submitted the offer.
642-20 (b) This section applies to all consulting services
642-21 contracts and renewals, amendments, and extensions of consulting
642-22 services contracts. (V.A.C.S. Art. 6252-11c, Sec. 8.)
642-23 Sec. 2254.033. RESTRICTION ON FORMER EMPLOYEES OF A STATE
642-24 AGENCY. (a) An individual who offers to provide consulting
642-25 services to a state agency and who has been employed by that agency
642-26 or by another agency at any time during the two years preceding the
642-27 making of the offer shall disclose in the offer:
643-1 (1) the nature of the previous employment with the
643-2 agency or the other agency;
643-3 (2) the date the employment is terminated; and
643-4 (3) the annual rate of compensation for the employment
643-5 at the time of its termination.
643-6 (b) A state agency that accepts an offer from an individual
643-7 described in Subsection (a) shall include in the information filed
643-8 under Section 2254.030 a statement about the individual's previous
643-9 employment and the nature of the employment. (V.A.C.S. Art.
643-10 6252-11c, Sec. 9.)
643-11 Sec. 2254.034. CONTRACT VOID. (a) A contract entered into
643-12 in violation of Sections 2254.029-2254.031 is void.
643-13 (b) A contract entered into with a private consultant who
643-14 did not comply with Section 2254.033 is void.
643-15 (c) If a contract is void under this section:
643-16 (1) the comptroller may not draw a warrant or transmit
643-17 money to satisfy an obligation under the contract; and
643-18 (2) a state agency may not make any payment under the
643-19 contract with state or federal money or money held in or outside
643-20 the state treasury until the agency has complied with Sections
643-21 2254.029-2254.031.
643-22 (d) This section applies to all consulting services
643-23 contracts, including renewals, amendments, and extensions of
643-24 consulting services contracts. (V.A.C.S. Art. 6252-11c, Sec. 11.)
643-25 Sec. 2254.035. DIVIDING CONTRACTS. (a) A state agency may
643-26 not divide a consulting services contract into more than one
643-27 contract to avoid the requirements of this subchapter.
644-1 (b) This section applies to all consulting services
644-2 contracts, including renewals, amendments, and extensions of
644-3 consulting services contracts. (V.A.C.S. Art. 6252-11c, Sec. 12.)
644-4 Sec. 2254.036. ARCHIVES. (a) On request, a state agency
644-5 shall, after the agency's contract with a private consultant has
644-6 ended, supply the Legislative Budget Board and the governor's
644-7 Budget and Planning Office with copies of all documents, films,
644-8 recordings, or reports compiled by the consultant under the
644-9 contract.
644-10 (b) Copies of all documents, films, recordings, or reports
644-11 compiled by the private consultant shall be filed with the Texas
644-12 State Library and shall be retained by the library for at least
644-13 five years.
644-14 (c) The Texas State Library shall list each document, film,
644-15 recording, and report given to it under Subsection (b) and shall
644-16 file the list at the end of each calendar quarter with the
644-17 secretary of state for publication in the Texas Register.
644-18 (V.A.C.S. Art. 6252-11c, Sec. 13.)
644-19 Sec. 2254.037. REPORTS. As part of the biennial budgetary
644-20 hearing process conducted by the Legislative Budget Board and the
644-21 governor's Budget and Planning Office, a state agency shall report
644-22 to the Legislative Budget Board and the governor's Budget and
644-23 Planning Office on any actions taken in response to the
644-24 recommendations of any private consultant with whom the state
644-25 agency contracts during the previous biennium. (V.A.C.S. Art.
644-26 6252-11c, Sec. 14.)
644-27 Sec. 2254.038. MIXED CONTRACTS. This subchapter applies to
645-1 a contract that involves both consulting and other services if the
645-2 primary objective of the contract is the acquisition of consulting
645-3 services. (V.A.C.S. Art. 6252-11c, Sec. 15.)
645-4 Sec. 2254.039. COMPTROLLER'S RULES. (a) The comptroller
645-5 shall adopt rules to implement and administer this subchapter. The
645-6 comptroller's rules may not conflict with or cover a matter on
645-7 which this subchapter authorizes the governor to adopt rules.
645-8 (b) The comptroller shall give proposed rules to the
645-9 governor and the General Services Commission for review and comment
645-10 before adopting the rules. (V.A.C.S. Art. 6252-11c, Sec. 17.)
645-11 Sec. 2254.040. PROCUREMENT BY GENERAL SERVICES COMMISSION.
645-12 (a) The General Services Commission shall, on request of a state
645-13 agency, procure for the agency consulting services that are covered
645-14 by this subchapter.
645-15 (b) The commission may require reimbursement for the costs
645-16 it incurs in procuring the services. (V.A.C.S. Art. 6252-11c, Sec.
645-17 18.)
645-18 CHAPTER 2255. PRIVATE DONORS OR ORGANIZATIONS
645-19 Sec. 2255.001. RULES
645-20 CHAPTER 2255. PRIVATE DONORS OR ORGANIZATIONS
645-21 Sec. 2255.001. RULES. (a) A state agency that is
645-22 authorized by statute to accept money from a private donor or for
645-23 which a private organization exists that is designed to further the
645-24 purposes and duties of the agency shall adopt rules governing the
645-25 relationship between:
645-26 (1) the donor or organization; and
645-27 (2) the agency and its employees.
646-1 (b) Rules adopted under this section shall govern all
646-2 aspects of conduct of the agency and its employees in the
646-3 relationship, including:
646-4 (1) administration and investment of funds received by
646-5 the organization for the benefit of the agency;
646-6 (2) use of an employee or property of the agency by
646-7 the donor or organization;
646-8 (3) service by an officer or employee of the agency as
646-9 an officer or director of the donor or organization; and
646-10 (4) monetary enrichment of an officer or employee of
646-11 the agency by the donor or organization.
646-12 (c) A rule adopted under this section may not conflict with
646-13 or supersede a requirement of a statute regulating:
646-14 (1) the conduct of an employee of a state agency; or
646-15 (2) the procedures of a state agency.
646-16 (d) A newly created state agency shall adopt rules under
646-17 this section as soon as possible after its creation.
646-18 (e) In this section, "state agency" means a department,
646-19 commission, board, office, or other agency in the executive branch
646-20 of state government created by the constitution or a statute of
646-21 this state, including a university system or an institution of
646-22 higher education as defined by Section 61.003, Education Code.
646-23 (V.A.C.S. Art. 6252-11f, Secs. 1, 2, 3 (part).)
646-24 CHAPTER 2256. PUBLIC FUNDS INVESTMENT
646-25 SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES
646-26 Sec. 2256.001. SHORT TITLE
646-27 Sec. 2256.002. DEFINITIONS
647-1 Sec. 2256.003. AUTHORITY TO INVEST FUNDS
647-2 Sec. 2256.004. INVESTMENT POLICIES
647-3 Sec. 2256.005. STANDARD OF CARE
647-4 Sec. 2256.006. AUTHORIZED INVESTMENTS: OBLIGATIONS OF, OR
647-5 GUARANTEED BY, GOVERNMENTAL ENTITIES
647-6 Sec. 2256.007. AUTHORIZED INVESTMENTS: CERTIFICATES
647-7 OF DEPOSIT
647-8 Sec. 2256.008. AUTHORIZED INVESTMENTS: REPURCHASE
647-9 AGREEMENTS
647-10 Sec. 2256.009. AUTHORIZED INVESTMENTS: BANKERS' ACCEPTANCES
647-11 Sec. 2256.010. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER
647-12 Sec. 2256.011. AUTHORIZED INVESTMENTS: MUTUAL FUNDS
647-13 Sec. 2256.012. AUTHORIZED INVESTMENTS: COMMON TRUST FUNDS
647-14 Sec. 2256.013. BIDS FOR COMMON TRUST FUND INVESTMENTS
647-15 Sec. 2256.014. BANK UNWILLING TO BID; PRESUMPTION
647-16 Sec. 2256.015. SUBCHAPTER CUMULATIVE
647-17 Sec. 2256.016. SUBCHAPTER NOT APPLICABLE TO RETIREMENT
647-18 SYSTEMS
647-19 (Sections 2256.017-2256.050 reserved for expansion)
647-20 SUBCHAPTER B. INVESTMENT OF LOCAL FUNDS
647-21 Sec. 2256.051. DEFINITIONS
647-22 Sec. 2256.052. RULES GOVERNING INVESTMENT
647-23 Sec. 2256.053. INVESTMENT RATE OF RETURN
647-24 Sec. 2256.054. DESIGNATION OF INVESTMENT OFFICER
647-25 Sec. 2256.055. EXPRESS AUTHORITY REQUIRED
647-26 Sec. 2256.056. LEGAL TITLE IN INVESTMENT POOL
647-27 Sec. 2256.057. INTERNAL MANAGEMENT REPORTS
648-1 Sec. 2256.058. PRIVATE AUDITOR
648-2 Sec. 2256.059. EFFECT OF OTHER LAW
648-3 (Sections 2256.060-2256.100 reserved for expansion)
648-4 SUBCHAPTER C. PAYMENT FOR AND DELIVERY AND DEPOSIT OF
648-5 SECURITIES PURCHASED BY STATE
648-6 Sec. 2256.101. AUTHORIZED INVESTMENTS; APPLICATION OF
648-7 INCOME
648-8 Sec. 2256.102. PAYMENT FOR SECURITIES PURCHASED BY STATE
648-9 Sec. 2256.103. DELIVERY OF SECURITIES PURCHASED BY STATE
648-10 Sec. 2256.104. DEPOSIT OF SECURITIES PURCHASED BY STATE
648-11 CHAPTER 2256. PUBLIC FUNDS INVESTMENT
648-12 SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES
648-13 Sec. 2256.001. SHORT TITLE. This subchapter may be cited as
648-14 the Public Funds Investment Act. (V.A.C.S. Art. 842a-2, Sec. 1.)
648-15 Sec. 2256.002. DEFINITIONS. In this subchapter:
648-16 (1) "Institution of higher education" has the meaning
648-17 assigned by Section 61.003, Education Code.
648-18 (2) "School district" means a public school district.
648-19 (V.A.C.S. Art. 842a-2, Sec. 2(a) (part); New.)
648-20 Sec. 2256.003. AUTHORITY TO INVEST FUNDS. Each governing
648-21 body of the following entities may purchase, sell, and invest its
648-22 funds and funds under its control in investments authorized under
648-23 this subchapter in compliance with investment policies approved by
648-24 the governing body and according to the standard of care prescribed
648-25 by Section 2256.005:
648-26 (1) a municipality;
648-27 (2) a county;
649-1 (3) a school district;
649-2 (4) a district or authority created under:
649-3 (A) Article III, Section 52(b)(1) or (2), of the
649-4 Texas Constitution; or
649-5 (B) Article XVI, Section 59, of the Texas
649-6 Constitution;
649-7 (5) an institution of higher education;
649-8 (6) a hospital district;
649-9 (7) a nonprofit corporation acting on behalf of an
649-10 entity listed in Subdivisions (1)-(6); or
649-11 (8) a public funds investment pool created under
649-12 Chapter 791 acting on behalf of a combination of entities listed in
649-13 Subdivisions (1)-(6). (V.A.C.S. Art. 842a-2, Sec. 2(a) (part) (as
649-14 amended by Chaps. 39, 628, 693, and 750, Acts 71st Leg., R.S.,
649-15 1989); Sec. 5(a) (part).)
649-16 Sec. 2256.004. INVESTMENT POLICIES. (a) The investment
649-17 policies must:
649-18 (1) be written;
649-19 (2) primarily emphasize safety of principal and
649-20 liquidity; and
649-21 (3) address investment diversification, yield,
649-22 maturity and the quality and capability of investment management.
649-23 (b) The investment policies may provide that bids for
649-24 certificates of deposit be solicited:
649-25 (1) orally;
649-26 (2) in writing;
649-27 (3) electronically; or
650-1 (4) in any combination of those methods. (V.A.C.S.
650-2 Art. 842a-2, Secs. 5(a) (part), (b).)
650-3 Sec. 2256.005. STANDARD OF CARE. Investments shall be made
650-4 with judgment and care, under prevailing circumstances, that a
650-5 person of prudence, discretion, and intelligence would exercise in
650-6 the management of the person's own affairs, not for speculation,
650-7 but for investment, considering the probable safety of capital and
650-8 the probable income to be derived. (V.A.C.S. Art. 842a-2, Sec. 4.)
650-9 Sec. 2256.006. AUTHORIZED INVESTMENTS: OBLIGATIONS OF, OR
650-10 GUARANTEED BY, GOVERNMENTAL ENTITIES. The following are
650-11 authorized investments under this subchapter:
650-12 (1) obligations of the United States or its
650-13 instrumentalities;
650-14 (2) direct obligations of this state or its agencies;
650-15 (3) other obligations, the principal and interest of
650-16 which are unconditionally guaranteed or insured by this state or
650-17 the United States or its instrumentalities; and
650-18 (4) obligations of states, agencies, counties, cities,
650-19 and other political subdivisions of any state rated as to
650-20 investment quality by a nationally recognized investment rating
650-21 firm not less than A or its equivalent. (V.A.C.S. Art. 842a-2,
650-22 Sec. 2(a) (part) (as amended by Chaps. 39, 628, 693, and 750, Acts
650-23 71st Leg., R.S., 1989).)
650-24 Sec. 2256.007. AUTHORIZED INVESTMENTS: CERTIFICATES OF
650-25 DEPOSIT. A certificate of deposit is an authorized investment
650-26 under this subchapter if the certificate of deposit is issued by a
650-27 state or national bank domiciled in this state or a savings and
651-1 loan association domiciled in this state and is:
651-2 (1) guaranteed or insured by the Federal Deposit
651-3 Insurance Corporation or its successor;
651-4 (2) secured by obligations that are described by
651-5 Section 2256.006, including mortgage backed securities directly
651-6 issued by a federal agency or instrumentality that have a market
651-7 value of not less than the principal amount of the certificates; or
651-8 (3) secured in any other manner and amount provided by
651-9 law for deposits of the investing entity. (V.A.C.S. Art. 842a-2,
651-10 Sec. 2(a) (part) (as amended by Chaps. 39, 628, 693, and 750, Acts
651-11 71st Leg., R.S., 1989).)
651-12 Sec. 2256.008. AUTHORIZED INVESTMENTS: REPURCHASE
651-13 AGREEMENTS. (a) A fully collateralized repurchase agreement is an
651-14 authorized investment under this subchapter if the repurchase
651-15 agreement:
651-16 (1) has a defined termination date;
651-17 (2) is secured by obligations described by Section
651-18 2256.006(1);
651-19 (3) is pledged with a third party selected or approved
651-20 by the entity; and
651-21 (4) is placed through a primary government securities
651-22 dealer, as defined by the Federal Reserve, or a bank domiciled in
651-23 this state.
651-24 (b) In this section, "repurchase agreement" means a
651-25 simultaneous agreement to buy, hold for a specified time, and sell
651-26 back at a future date, obligations described by Section
651-27 2256.006(1), the principal and interest of which are guaranteed by
652-1 the United States in market value of not less than the principal
652-2 amount of the funds disbursed. The term includes a direct security
652-3 repurchase agreement and a reverse security repurchase agreement.
652-4 (V.A.C.S. Art. 842a-2, Secs. 2(a) (part) (as amended by Chaps. 39,
652-5 628, 693, and 750, Acts 71st Leg., R.S., 1989), (c) (part).)
652-6 Sec. 2256.009. AUTHORIZED INVESTMENTS: BANKERS'
652-7 ACCEPTANCES. A bankers' acceptance is an authorized investment
652-8 under this subchapter if the bankers' acceptance:
652-9 (1) has a stated maturity of 270 days or fewer from
652-10 the date of its issuance;
652-11 (2) will be, in accordance with its terms, liquidated
652-12 in full at maturity;
652-13 (3) is eligible for collateral for borrowing from a
652-14 Federal Reserve Bank; and
652-15 (4) is accepted by a bank organized and existing under
652-16 the laws of the United States or any state, if the short-term
652-17 obligations of the bank, or of a bank holding company of which the
652-18 bank is the largest subsidiary, are rated not less than A-1 or P-1,
652-19 or an equivalent rating, by at least one nationally recognized
652-20 credit rating agency. (V.A.C.S. Art. 842a-2, Secs. 2(a) (part) (as
652-21 amended by Chaps. 39, 628, 693, and 750, Acts 71st Leg., R.S.,
652-22 1989), (c) (part).)
652-23 Sec. 2256.010. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER.
652-24 Commercial paper is an authorized investment under this subchapter
652-25 if the commercial paper:
652-26 (1) has a stated maturity of 270 days or fewer from
652-27 the date of its issuance; and
653-1 (2) is rated not less than A-1 or P-1, or an
653-2 equivalent rating, by at least:
653-3 (A) two nationally recognized credit rating
653-4 agencies; or
653-5 (B) one nationally recognized credit rating
653-6 agency and is fully secured by an irrevocable letter of credit
653-7 issued by a bank organized and existing under the laws of the
653-8 United States or any state. (V.A.C.S. Art. 842a-2, Sec. 2(a)
653-9 (part) (as amended by Chaps. 39, 628, 693, and 750, Acts 71st Leg.,
653-10 R.S., 1989).)
653-11 Sec. 2256.011. AUTHORIZED INVESTMENTS: MUTUAL FUNDS. (a)
653-12 A no-load money market mutual fund is an authorized investment
653-13 under this subchapter if the mutual fund:
653-14 (1) is registered with the Securities and Exchange
653-15 Commission;
653-16 (2) has a dollar-weighted average portfolio maturity
653-17 of 120 days or fewer;
653-18 (3) is invested exclusively in obligations described
653-19 by Sections 2256.006-2256.010; and
653-20 (4) includes in its investment objectives the
653-21 maintenance of a stable net asset value of $1 for each share.
653-22 (b) An entity is not authorized by this section to:
653-23 (1) invest in the aggregate more than 80 percent of
653-24 its monthly average fund balance, excluding bond proceeds and
653-25 reserves and other funds held for debt service, in money market
653-26 mutual funds described in Subsection (a); or
653-27 (2) invest its funds or funds under its control,
654-1 excluding bond proceeds and reserves and other funds held for debt
654-2 service, in any one money market mutual fund in an amount that
654-3 exceeds 10 percent of the total assets of the money market mutual
654-4 fund. (V.A.C.S. Art. 842a-2, Secs. 2(c) (part), (d).)
654-5 Sec. 2256.012. AUTHORIZED INVESTMENTS: COMMON TRUST FUNDS.
654-6 (a) A qualified common trust fund is an authorized investment for
654-7 the local funds of an institution of higher education and for the
654-8 bond proceeds and reserves and other funds held for debt service of
654-9 a municipality, county, school district, or navigation district if
654-10 the common trust fund:
654-11 (1) is owned or administered by a bank domiciled in
654-12 this state;
654-13 (2) consists exclusively of assets that are
654-14 obligations described by Section 2256.006-2256.010;
654-15 (3) complies with the Internal Revenue Code of 1986
654-16 and applicable federal regulations governing the investment of bond
654-17 proceeds and reserves and other funds held for debt service; and
654-18 (4) meets the cash flow requirements and the
654-19 investment needs of the political subdivision or institution.
654-20 (b) In this section, "common trust fund" includes a
654-21 comparable investment device. (V.A.C.S. Art. 842a-2, Sec. 2(b).)
654-22 Sec. 2256.013. BIDS FOR COMMON TRUST FUND INVESTMENTS. (a)
654-23 An institution of higher education or a municipality, county,
654-24 school district, or navigation district may invest in a common
654-25 trust fund under Section 2256.012 only after soliciting orally or
654-26 in another manner competitive bids from at least three banks.
654-27 (b) The solicitations for bids required by Subsection (a)
655-1 for a county shall be made only to banks located in the county
655-2 unless there are fewer than three banks available for the
655-3 investment located in the county; in which case, the solicitations
655-4 shall be made to each bank in the county and, as necessary to
655-5 complete the solicitations, to banks located in this state.
655-6 (c) The solicitations for bids required by Subsection (a)
655-7 for a municipality or a school district shall be made only to banks
655-8 located in the municipality or school district unless there are
655-9 fewer than three banks available for the investments located in the
655-10 municipality or school district; in which case, the solicitations
655-11 shall be made to each bank in the municipality or school district
655-12 and, as necessary to complete the solicitations, to banks in a
655-13 county in which the municipality or school district is located. If
655-14 there are fewer than three banks available for investments in the
655-15 municipality or school district and in the counties in which the
655-16 municipality or school district is located, the solicitations shall
655-17 be made to each bank in the municipality or school district and in
655-18 the counties in which the municipality or school district is
655-19 located, and, as necessary to complete the solicitations, to banks
655-20 located in this state.
655-21 (d) This section applies to a nonprofit corporation acting
655-22 on behalf of a municipality, county, or school district as it
655-23 applies to the municipality, county, or school district. (V.A.C.S.
655-24 Art. 842a-2, Secs. 3(a)-(c), (e) (part).)
655-25 Sec. 2256.014. BANK UNWILLING TO BID; PRESUMPTION. A
655-26 governmental entity or nonprofit corporation that is notified by a
655-27 bank that the bank is unable or unwilling to bid for investments
656-1 under Section 2256.012 may presume that the bank continues to be
656-2 unable or unwilling to bid for investments until the bank in
656-3 writing notifies the entity otherwise. (V.A.C.S. Art. 842a-2, Sec.
656-4 3(f).)
656-5 Sec. 2256.015. SUBCHAPTER CUMULATIVE. The authority granted
656-6 by this subchapter is in addition to that granted by other law.
656-7 (V.A.C.S. Art. 842a-2, Sec. 7.)
656-8 Sec. 2256.016. SUBCHAPTER NOT APPLICABLE TO RETIREMENT
656-9 SYSTEMS. This subchapter does not apply to a public retirement
656-10 system as defined by Section 802.001. (V.A.C.S. Art. 842a-2,
656-11 Sec. 6.)
656-12 (Sections 2256.017-2256.050 reserved for expansion)
656-13 SUBCHAPTER B. INVESTMENT OF LOCAL FUNDS
656-14 Sec. 2256.051. DEFINITIONS. In this subchapter:
656-15 (1) "Investment pool" means an entity created under
656-16 Chapter 791 to invest public funds of two or more local
656-17 governments.
656-18 (2) "Local funds" means public funds in the custody of
656-19 a state agency or political subdivision that:
656-20 (A) are not required by law to be deposited in
656-21 the state treasury; and
656-22 (B) the agency or subdivision has authority to
656-23 invest.
656-24 (3) "Political subdivision" means a county,
656-25 municipality, or special purpose district.
656-26 (4) "State agency" means an office, department,
656-27 commission, board, other agency, institution of higher education,
657-1 or river authority, that is part of any branch of state government.
657-2 (V.A.C.S. Art. 4413(34c), Sec. 1; New.)
657-3 Sec. 2256.052. RULES GOVERNING INVESTMENT. Each state
657-4 agency or political subdivision shall adopt rules governing the
657-5 investment of its local funds, including rules specifying the scope
657-6 of authority of officers and employees designated to invest local
657-7 funds. (V.A.C.S. Art. 4413(34c), Sec. 2(a).)
657-8 Sec. 2256.053. INVESTMENT RATE OF RETURN. A state agency,
657-9 political subdivision, or investment pool shall invest its local
657-10 funds in investments that:
657-11 (1) yield the highest possible rate of return;
657-12 (2) protect the principal; and
657-13 (3) are consistent with the operating requirements of
657-14 the agency, subdivision, or pool as determined by the governing
657-15 body. (V.A.C.S. Art. 4413(34c), Sec. 6(a).)
657-16 Sec. 2256.054. DESIGNATION OF INVESTMENT OFFICER. (a) Each
657-17 state agency or political subdivision shall designate, by rule,
657-18 order, ordinance, or resolution, one or more officers or employees
657-19 of the agency, subdivision, or investment pool to be responsible
657-20 for the investment of its local funds.
657-21 (b) Subsection (a) does not apply if an officer of the
657-22 agency or subdivision is assigned by law the function of investing
657-23 its local funds.
657-24 (c) An officer or employee of a commission created under
657-25 Chapter 391, Local Government Code, is ineligible to be designated
657-26 as an investment officer under Subsection (a). (V.A.C.S. Art.
657-27 4413(34c), Secs. 2(b), 3(a).)
658-1 Sec. 2256.055. EXPRESS AUTHORITY REQUIRED. A person may not
658-2 deposit, withdraw, invest, transfer, or manage in any other manner
658-3 local funds of a state agency or political subdivision without
658-4 express written authority of the governing body or chief executive
658-5 officer of the agency or subdivision. (V.A.C.S. Art. 4413(34c),
658-6 Sec. 3(b).)
658-7 Sec. 2256.056. LEGAL TITLE IN INVESTMENT POOL. A political
658-8 subdivision by contract may delegate to an investment pool the
658-9 authority to hold legal title as custodian of investments purchased
658-10 with its local funds. (V.A.C.S. Art. 4413(34c), Sec. 6(b).)
658-11 Sec. 2256.057. INTERNAL MANAGEMENT REPORTS. (a) At least
658-12 annually, the investment officer of a state agency or political
658-13 subdivision shall prepare a written report of the agency's or
658-14 subdivision's local funds investment transactions for the preceding
658-15 year.
658-16 (b) The report must:
658-17 (1) describe in detail the investment position of the
658-18 agency or subdivision on the date of the report;
658-19 (2) be prepared jointly by all investment officers of
658-20 the agency or subdivision; and
658-21 (3) be signed by each investment officer of the agency
658-22 or subdivision.
658-23 (c) The report shall be delivered to the governing body and
658-24 the chief executive officer of the agency or subdivision.
658-25 (V.A.C.S. Art. 4413(34c), Sec. 4.)
658-26 Sec. 2256.058. PRIVATE AUDITOR. Notwithstanding any other
658-27 law, a state agency shall employ a private auditor if authorized by
659-1 the legislative audit committee on the committee's initiative or on
659-2 request of the governing body of the agency. (V.A.C.S. Art.
659-3 4413(34c), Sec. 5.)
659-4 Sec. 2256.059. EFFECT OF OTHER LAW. This subchapter does
659-5 not:
659-6 (1) prohibit an investment specifically authorized by
659-7 other law; or
659-8 (2) authorize an investment specifically prohibited by
659-9 other law. (V.A.C.S. Art. 4413(34c), Sec. 7.)
659-10 (Sections 2256.060-2256.100 reserved for expansion)
659-11 SUBCHAPTER C. PAYMENT FOR AND DELIVERY AND DEPOSIT
659-12 OF SECURITIES PURCHASED BY STATE
659-13 Sec. 2256.101. AUTHORIZED INVESTMENTS; APPLICATION OF
659-14 INCOME. (a) A board or agency of the state that may direct the
659-15 investment of funds of the board or agency may invest those funds
659-16 in:
659-17 (1) direct obligations of the United States;
659-18 (2) obligations the principal and interest of which
659-19 are guaranteed by the United States;
659-20 (3) direct obligations of or participation
659-21 certificates guaranteed by:
659-22 (A) a farm credit bank;
659-23 (B) the Federal National Mortgage Association;
659-24 (C) a federal home loan bank; or
659-25 (D) a bank for cooperatives;
659-26 (4) certificates of deposit of a bank or trust
659-27 company, the deposits of which are fully secured by a pledge of
660-1 securities described by Subdivisions (1)-(3);
660-2 (5) other securities made eligible for investment by
660-3 other law or the constitution; or
660-4 (6) a combination of securities described by
660-5 Subdivisions (1)-(5).
660-6 (b) The board or agency shall direct the application of
660-7 income from investments under this section. (V.A.C.S. Art.
660-8 6252-5a, Sec. 1.)
660-9 Sec. 2256.102. PAYMENT FOR SECURITIES PURCHASED BY STATE.
660-10 The comptroller, the state treasurer, or the disbursing officer of
660-11 an agency that has the power to invest assets directly may pay for
660-12 authorized securities purchased from or through a member in good
660-13 standing of the National Association of Securities Dealers or from
660-14 or through a national or state bank on receiving an invoice from
660-15 the seller of the securities showing that the securities have been
660-16 purchased by the board or agency and that the amount to be paid for
660-17 the securities is just, due, and unpaid. (V.A.C.S. Art. 6252-5a,
660-18 Sec. 2 (part).)
660-19 Sec. 2256.103. DELIVERY OF SECURITIES PURCHASED BY STATE. A
660-20 security purchased under Section 2256.102 may be delivered to the
660-21 state treasurer, a bank, or the board or agency investing its
660-22 funds. The delivery shall be made under normal and recognized
660-23 practices in the securities and banking industries, including the
660-24 book entry procedure of the Federal Reserve Bank. (V.A.C.S. Art.
660-25 6252-5a, Sec. 2 (part).)
660-26 Sec. 2256.104. DEPOSIT OF SECURITIES PURCHASED BY STATE. At
660-27 the direction of the state treasurer or the agency, a security
661-1 purchased under Section 2256.102 may be deposited in trust with a
661-2 bank or federal reserve bank or branch designated by the treasurer,
661-3 whether in or outside the state. The deposit shall be evidenced by
661-4 a trust receipt of the bank with which the securities are
661-5 deposited. (V.A.C.S. Art. 6252-5a, Sec. 3.)
661-6 CHAPTER 2257. COLLATERAL FOR PUBLIC FUNDS
661-7 SUBCHAPTER A. GENERAL PROVISIONS
661-8 Sec. 2257.001. SHORT TITLE
661-9 Sec. 2257.002. DEFINITIONS
661-10 Sec. 2257.003. CHAPTER NOT APPLICABLE TO DEFERRED COMPENSATION
661-11 PLANS
661-12 Sec. 2257.004. CONFLICT WITH OTHER LAW
661-13 Sec. 2257.005. CONTRACT GOVERNS LEGAL ACTION
661-14 (Sections 2257.006-2257.020 reserved for expansion)
661-15 SUBCHAPTER B. DEPOSITORY; SECURITY FOR DEPOSIT OF PUBLIC FUNDS
661-16 Sec. 2257.021. COLLATERAL REQUIRED
661-17 Sec. 2257.022. AMOUNT OF COLLATERAL
661-18 Sec. 2257.023. COLLATERAL POLICY
661-19 Sec. 2257.024. CONTRACT FOR SECURING DEPOSIT OF PUBLIC FUNDS
661-20 Sec. 2257.025. RECORDS OF DEPOSITORY
661-21 Sec. 2257.026. CHANGE IN AMOUNT OR ACTIVITY OF DEPOSITS
661-22 OF PUBLIC FUNDS
661-23 (Sections 2257.027-2257.040 reserved for expansion)
661-24 SUBCHAPTER C. CUSTODIAN; PERMITTED INSTITUTION
661-25 Sec. 2257.041. DEPOSIT OF SECURITIES WITH CUSTODIAN
661-26 Sec. 2257.042. DEPOSIT OF SECURITIES WITH PERMITTED
661-27 INSTITUTION
662-1 Sec. 2257.043. DEPOSITORY AS CUSTODIAN OR PERMITTED
662-2 INSTITUTION
662-3 Sec. 2257.044. CUSTODIAN AS BAILEE
662-4 Sec. 2257.045. RECEIPT OF SECURITY BY CUSTODIAN
662-5 Sec. 2257.046. BOOKS AND RECORDS OF CUSTODIAN; INSPECTION
662-6 Sec. 2257.047. BOOKS AND RECORDS OF PERMITTED INSTITUTION
662-7 Sec. 2257.048. ATTACHMENT AND PERFECTION OF SECURITY
662-8 INTEREST
662-9 (Sections 2257.049-2257.060 reserved for expansion)
662-10 SUBCHAPTER D. AUDITS AND EXAMINATIONS; PENALTIES
662-11 Sec. 2257.061. AUDITS AND EXAMINATIONS
662-12 Sec. 2257.062. PENALTIES
662-13 Sec. 2257.063. MITIGATING CIRCUMSTANCES
662-14 Sec. 2257.064. REINSTATEMENT
662-15 (Sections 2257.065-2257.080 reserved for expansion)
662-16 SUBCHAPTER E. EXEMPT INSTITUTIONS
662-17 Sec. 2257.081. DEFINITION
662-18 Sec. 2257.082. FUNDS OF EXEMPT INSTITUTION
662-19 Sec. 2257.083. INVESTMENT; SELECTION OF DEPOSITORY
662-20 CHAPTER 2257. COLLATERAL FOR PUBLIC FUNDS
662-21 SUBCHAPTER A. GENERAL PROVISIONS
662-22 Sec. 2257.001. SHORT TITLE. This chapter may be cited as
662-23 the Public Funds Collateral Act. (V.A.C.S. Art. 2529d, Sec. 1.)
662-24 Sec. 2257.002. DEFINITIONS. In this chapter:
662-25 (1) "Bank holding company" has the meaning assigned by
662-26 Article 2, Chapter I, The Texas Banking Code (Article 342-102,
662-27 Vernon's Texas Civil Statutes).
663-1 (2) "Board" means the State Depository Board.
663-2 (3) "Control" has the meaning assigned by Article 2,
663-3 Chapter I, The Texas Banking Code (Article 342-102, Vernon's Texas
663-4 Civil Statutes).
663-5 (4) "Deposit of public funds" means public funds of a
663-6 public entity that:
663-7 (A) the state treasurer does not manage under
663-8 Chapter 404; and
663-9 (B) are held as a demand or time deposit by a
663-10 depository institution expressly authorized by law to accept a
663-11 public entity's demand or time deposit.
663-12 (5) "Eligible security" means:
663-13 (A) a surety bond;
663-14 (B) an investment security; or
663-15 (C) an ownership or beneficial interest in an
663-16 investment security, other than an option contract to purchase or
663-17 sell an investment security.
663-18 (6) "Investment security" means:
663-19 (A) an obligation that in the opinion of the
663-20 attorney general of the United States is a general obligation of
663-21 the United States and backed by its full faith and credit;
663-22 (B) a general or special obligation issued by a
663-23 public agency that:
663-24 (i) is payable from taxes, revenues, or a
663-25 combination of taxes and revenues;
663-26 (ii) is rated as to investment quality by
663-27 a nationally recognized rating agency; and
664-1 (iii) has a current rating of not less
664-2 than A or its equivalent; or
664-3 (C) a security in which a public entity may
664-4 invest under Subchapter A, Chapter 2256.
664-5 (7) "Permitted institution" means:
664-6 (A) a Federal Reserve Bank;
664-7 (B) a clearing corporation, as defined by
664-8 Section 8.102(c), Business & Commerce Code;
664-9 (C) a bank eligible to be a custodian under
664-10 Section 2257.041; or
664-11 (D) a state or nationally chartered bank that is
664-12 controlled by a bank holding company that controls a bank eligible
664-13 to be a custodian under Section 2257.041.
664-14 (8) "Public agency" means a state or a political or
664-15 governmental entity, agency, instrumentality, or subdivision of a
664-16 state, including a municipality, an institution of higher
664-17 education, as defined by Section 61.003, Education Code, a junior
664-18 college, a district created under Article XVI, Section 59, of the
664-19 Texas Constitution, and a public hospital.
664-20 (9) "Public entity" means a public agency in this
664-21 state, but does not include an institution of higher education, as
664-22 defined by Section 61.003, Education Code.
664-23 (10) "State agency" means a public entity that:
664-24 (A) has authority that is not limited to a
664-25 geographic portion of the state; and
664-26 (B) was created by the constitution or a
664-27 statute.
665-1 (11) "Trust receipt" means evidence of receipt,
665-2 identification, and recording, including:
665-3 (A) a physical controlled trust receipt; or
665-4 (B) a written or electronically transmitted
665-5 advice of transaction. (V.A.C.S. Art. 2529d, Secs. 2(1), (2), (3),
665-6 (4), (6) (part), (7), (8), (9), (10), (11).)
665-7 Sec. 2257.003. CHAPTER NOT APPLICABLE TO DEFERRED
665-8 COMPENSATION PLANS. This chapter does not apply to funds that a
665-9 public entity maintains or administers under a deferred
665-10 compensation plan, the federal income tax treatment of which is
665-11 governed by Section 401(k) or 457 of the Internal Revenue Code of
665-12 1986 (26 U.S.C. Sections 401(k) and 457). (V.A.C.S. Art. 2529d,
665-13 Sec. 11(c).)
665-14 Sec. 2257.004. CONFLICT WITH OTHER LAW. This chapter
665-15 prevails over any other law relating to security for a deposit of
665-16 public funds to the extent of any conflict. (V.A.C.S. Art. 2529d,
665-17 Sec. 11(a).)
665-18 Sec. 2257.005. CONTRACT GOVERNS LEGAL ACTION. A legal
665-19 action brought by or against a public entity that arises out of or
665-20 in connection with the duties of a depository, custodian, or
665-21 permitted institution under this chapter must be brought and
665-22 maintained as provided by the contract with the public entity.
665-23 (V.A.C.S. Art. 2529d, Sec. 7.)
665-24 (Sections 2257.006-2257.020 reserved for expansion)
665-25 SUBCHAPTER B. DEPOSITORY; SECURITY FOR DEPOSIT OF PUBLIC FUNDS
665-26 Sec. 2257.021. COLLATERAL REQUIRED. A deposit of public
665-27 funds shall be secured by eligible security to the extent and in
666-1 the manner required by this chapter. (V.A.C.S. Art. 2529d, Sec.
666-2 3.)
666-3 Sec. 2257.022. AMOUNT OF COLLATERAL. (a) The total value
666-4 of eligible security to secure a deposit of public funds must be in
666-5 an amount not less than the amount of the deposit of public funds:
666-6 (1) increased by the amount of any accrued interest;
666-7 and
666-8 (2) reduced to the extent that the United States or an
666-9 instrumentality of the United States insures the deposit.
666-10 (b) The value of a surety bond is its face value.
666-11 (c) The value of an investment security is its market value.
666-12 (V.A.C.S. Art. 2529d, Sec. 4.)
666-13 Sec. 2257.023. COLLATERAL POLICY. (a) In accordance with a
666-14 written policy approved by the governing body of the public entity,
666-15 a public entity shall determine if an investment security is
666-16 eligible to secure deposits of public funds.
666-17 (b) The written policy may include:
666-18 (1) the security of the institution that obtains or
666-19 holds an investment security;
666-20 (2) the substitution or release of an investment
666-21 security; and
666-22 (3) the method by which an investment security used to
666-23 secure a deposit of public funds is valued. (V.A.C.S. Art. 2529d,
666-24 Sec. 5(a).)
666-25 Sec. 2257.024. CONTRACT FOR SECURING DEPOSIT OF PUBLIC
666-26 FUNDS. (a) A public entity may contract with a bank domiciled in
666-27 this state to secure a deposit of public funds.
667-1 (b) The contract may contain a term or condition relating to
667-2 an investment security used as security for a deposit of public
667-3 funds, including a term or condition relating to the:
667-4 (1) possession of the collateral;
667-5 (2) substitution or release of an investment security;
667-6 (3) ownership of the investment securities of the bank
667-7 used to secure a deposit of public funds; and
667-8 (4) method by which an investment security used to
667-9 secure a deposit of public funds is valued. (V.A.C.S. Art. 2529d,
667-10 Sec. 5(b).)
667-11 Sec. 2257.025. RECORDS OF DEPOSITORY. (a) A public
667-12 entity's depository shall maintain a separate, accurate, and
667-13 complete record relating to a pledged investment security, a
667-14 deposit of public funds, and a transaction related to a pledged
667-15 investment security.
667-16 (b) The board or the public entity may examine and verify at
667-17 any reasonable time a pledged investment security or a record a
667-18 depository maintains under this section. (V.A.C.S. Art. 2529d,
667-19 Secs. 9(a), (c) (part).)
667-20 Sec. 2257.026. CHANGE IN AMOUNT OR ACTIVITY OF DEPOSITS OF
667-21 PUBLIC FUNDS. A public entity shall inform the depository for the
667-22 public entity's deposit of public funds of a significant change in
667-23 the amount or activity of those deposits within a reasonable time
667-24 before the change occurs. (V.A.C.S. Art. 2529d, Sec. 5(c).)
667-25 (Sections 2257.027-2257.040 reserved for expansion)
667-26 SUBCHAPTER C. CUSTODIAN; PERMITTED INSTITUTION
667-27 Sec. 2257.041. DEPOSIT OF SECURITIES WITH CUSTODIAN. (a)
668-1 In addition to other authority granted by law, a depository for a
668-2 public entity other than a state agency may deposit with a
668-3 custodian a security pledged to secure a deposit of public funds.
668-4 (b) At the request of the public entity, a depository for a
668-5 public entity other than a state agency shall deposit with a
668-6 custodian a security pledged to secure a deposit of public funds.
668-7 (c) A depository for a state agency shall deposit with a
668-8 custodian a security pledged to secure a deposit of public funds.
668-9 The custodian and the state agency shall agree in writing on the
668-10 terms and conditions for securing a deposit of public funds.
668-11 (d) A custodian must be approved by the public entity and
668-12 be:
668-13 (1) a state or national bank that:
668-14 (A) is designated by the board as a state
668-15 depository;
668-16 (B) is domiciled in this state; and
668-17 (C) has a capital stock and permanent surplus of
668-18 $5 million or more;
668-19 (2) the Texas Treasury Safekeeping Trust Company; or
668-20 (3) a Federal Reserve Bank or a branch of a Federal
668-21 Reserve Bank.
668-22 (e) A custodian holds in trust the securities to secure the
668-23 deposit of public funds of the public entity in the depository
668-24 pledging the securities. (V.A.C.S. Art. 2529d, Secs. 6(a) (part),
668-25 (b) (part), (c).)
668-26 Sec. 2257.042. DEPOSIT OF SECURITIES WITH PERMITTED
668-27 INSTITUTION. (a) A custodian may deposit with a permitted
669-1 institution an investment security the custodian holds under
669-2 Section 2257.041.
669-3 (b) If a deposit is made under Subsection (a):
669-4 (1) the permitted institution shall hold the
669-5 investment security to secure funds the public entity deposits in
669-6 the depository that pledges the investment security;
669-7 (2) the trust receipt the custodian issues under
669-8 Section 2257.045 shall show that the custodian has deposited the
669-9 security in a permitted institution; and
669-10 (3) the permitted institution, on receipt of the
669-11 investment security, shall immediately issue to the custodian an
669-12 advice of transaction or other document that is evidence that the
669-13 custodian deposited the security in the permitted institution.
669-14 (V.A.C.S. Art. 2529d, Sec. 6(e) (part).)
669-15 Sec. 2257.043. DEPOSITORY AS CUSTODIAN OR PERMITTED
669-16 INSTITUTION. (a) A public entity other than a state agency may
669-17 prohibit a depository or an entity of which the depository is a
669-18 branch from being the custodian of or permitted institution for a
669-19 security the depository pledges to secure a deposit of public
669-20 funds.
669-21 (b) A depository or an entity of which the depository is a
669-22 branch may not be the custodian of or permitted institution for a
669-23 security the depository pledges to secure a deposit of public funds
669-24 by a state agency. (V.A.C.S. Art. 2529d, Secs. 6(a) (part), (b)
669-25 (part).)
669-26 Sec. 2257.044. CUSTODIAN AS BAILEE. (a) A custodian under
669-27 this chapter or a custodian of a security pledged to an institution
670-1 of higher education, as defined by Section 61.003, Education Code,
670-2 whether acting alone or through a permitted institution, is for all
670-3 purposes the bailee or agent of the public entity or institution
670-4 depositing the public funds with the depository.
670-5 (b) To the extent of any conflict, Subsection (a) prevails
670-6 over Chapter 8 or 9, Business & Commerce Code. (V.A.C.S. Art.
670-7 2529d, Sec. 8 (part).)
670-8 Sec. 2257.045. RECEIPT OF SECURITY BY CUSTODIAN. On receipt
670-9 of an investment security, a custodian shall:
670-10 (1) immediately identify on its books and records, by
670-11 book entry or another method, the pledge of the security to the
670-12 public entity; and
670-13 (2) promptly issue and deliver to the appropriate
670-14 public entity officer a trust receipt for the pledged security.
670-15 (V.A.C.S. Art. 2529d, Sec. 6(d) (part).)
670-16 Sec. 2257.046. BOOKS AND RECORDS OF CUSTODIAN; INSPECTION.
670-17 (a) A public entity's custodian shall maintain a separate,
670-18 accurate, and complete record relating to each pledged investment
670-19 security and each transaction relating to a pledged investment
670-20 security.
670-21 (b) The board or the public entity may examine and verify at
670-22 any reasonable time a pledged investment security or a record a
670-23 custodian maintains under this section. The public entity or its
670-24 agent may inspect at any time an investment security evidenced by a
670-25 trust receipt.
670-26 (c) The public entity's custodian shall file a collateral
670-27 report with the board in the manner and on the dates prescribed by
671-1 the board. (V.A.C.S. Art. 2529d, Secs. 6(d) (part), 9(b), (c)
671-2 (part), (e).)
671-3 Sec. 2257.047. BOOKS AND RECORDS OF PERMITTED INSTITUTION.
671-4 (a) A permitted institution may apply book entry procedures when
671-5 an investment security held by a custodian is deposited under
671-6 Section 2257.042.
671-7 (b) A permitted institution's records must at all times
671-8 state the name of the custodian that deposits an investment
671-9 security in the permitted institution. (V.A.C.S. Art. 2529d, Sec.
671-10 6(e) (part).)
671-11 Sec. 2257.048. ATTACHMENT AND PERFECTION OF SECURITY
671-12 INTEREST. (a) A security interest that arises out of a
671-13 depository's pledge of a security to secure a deposit of public
671-14 funds by a public entity or an institution of higher education, as
671-15 defined by Section 61.003, Education Code, is created, attaches,
671-16 and is perfected for all purposes under state law from the time
671-17 that the custodian identifies the pledge of the security on the
671-18 custodian's books and records and issues the trust receipt.
671-19 (b) A security interest in a pledged security remains
671-20 perfected in the hands of a subsequent custodian or permitted
671-21 institution. (V.A.C.S. Art. 2529d, Sec. 8 (part).)
671-22 (Sections 2257.049-2257.060 reserved for expansion)
671-23 SUBCHAPTER D. AUDITS AND EXAMINATIONS; PENALTIES
671-24 Sec. 2257.061. AUDITS AND EXAMINATIONS. As part of an audit
671-25 or regulatory examination of a public entity's depository or
671-26 custodian, the auditor or examiner shall:
671-27 (1) examine and verify pledged investment securities
672-1 and records maintained under Section 2257.025 or 2257.046; and
672-2 (2) report any significant or material noncompliance
672-3 with this chapter to the board. (V.A.C.S. Art. 2529d, Sec. 9(d).)
672-4 Sec. 2257.062. PENALTIES. (a) The board may revoke a
672-5 depository's designation as a state depository for one year if,
672-6 after notice and a hearing, the board makes a written finding that
672-7 the depository, while acting as either a depository or a custodian:
672-8 (1) did not maintain reasonable compliance with this
672-9 chapter; and
672-10 (2) failed to remedy a violation of this chapter
672-11 within a reasonable time after receiving written notice of the
672-12 violation.
672-13 (b) The board may permanently revoke a depository's
672-14 designation as a state depository if the board makes a written
672-15 finding that the depository:
672-16 (1) has not maintained reasonable compliance with this
672-17 chapter; and
672-18 (2) has acted in bad faith by not remedying a
672-19 violation of this chapter. (V.A.C.S. Art. 2529d, Secs. 10(a),
672-20 (b).)
672-21 Sec. 2257.063. MITIGATING CIRCUMSTANCES. (a) The board
672-22 shall consider the total circumstances relating to the performance
672-23 of a depository or custodian when the board makes a finding
672-24 required by Section 2257.062, including the extent to which the
672-25 noncompliance is minor, isolated, temporary, or nonrecurrent.
672-26 (b) The board may not find that a depository or custodian
672-27 did not maintain reasonable compliance with this chapter if the
673-1 noncompliance results from the public entity's failure to comply
673-2 with Section 2257.026.
673-3 (c) This section does not relieve a depository or custodian
673-4 of the obligation to secure a deposit of public funds with eligible
673-5 security in the amount and manner required by this chapter within a
673-6 reasonable time after the public entity deposits the deposit of
673-7 public funds with the depository. (V.A.C.S. Art. 2529d, Secs.
673-8 10(d), (e).)
673-9 Sec. 2257.064. REINSTATEMENT. The board may reinstate a
673-10 depository's designation as a state depository if:
673-11 (1) the board determines that the depository has
673-12 remedied all violations of this chapter; and
673-13 (2) the depository assures the board to the board's
673-14 satisfaction that the depository will maintain reasonable
673-15 compliance with this chapter. (V.A.C.S. Art. 2529d, Sec. 10(c).)
673-16 (Sections 2257.065-2257.080 reserved for expansion)
673-17 SUBCHAPTER E. EXEMPT INSTITUTIONS
673-18 Sec. 2257.081. DEFINITION. In this subchapter, "exempt
673-19 institution" means:
673-20 (1) a public retirement system, as defined by Section
673-21 802.001; or
673-22 (2) the permanent school fund, as defined by Section
673-23 15.01, Education Code. (V.A.C.S. Art. 2529d, Sec. 2(5).)
673-24 Sec. 2257.082. FUNDS OF EXEMPT INSTITUTION. An exempt
673-25 institution is not required to have its funds fully insured or
673-26 collateralized at all times if:
673-27 (1) the funds are held by:
674-1 (A) a custodian of the institution's assets
674-2 under a trust agreement; or
674-3 (B) a person in connection with a transaction
674-4 related to an investment; and
674-5 (2) the governing body of the institution, in
674-6 exercising its fiduciary responsibility, determines that the
674-7 institution is adequately protected by using a trust agreement,
674-8 special deposit, surety bond, substantial deposit insurance, or
674-9 other method an exempt institution commonly uses to protect itself
674-10 from liability. (V.A.C.S. Art. 2529d, Sec. 11(b) (part).)
674-11 Sec. 2257.083. INVESTMENT; SELECTION OF DEPOSITORY. This
674-12 chapter does not:
674-13 (1) prohibit an exempt institution from prudently
674-14 investing in a certificate of deposit; or
674-15 (2) restrict the selection of a depository by the
674-16 governing body of an exempt institution in accordance with its
674-17 fiduciary duty. (V.A.C.S. Art. 2529d, Sec. 11(b) (part).)
674-18 (Chapters 2258-2300 reserved for expansion)
674-19 SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING
674-20 BOTH STATE AND LOCAL GOVERNMENTS
674-21 CHAPTER 2301. SUPERCONDUCTING SUPER COLLIDER FACILITY
674-22 RESEARCH AUTHORITY
674-23 SUBCHAPTER A. GENERAL PROVISIONS
674-24 Sec. 2301.001. DEFINITIONS
674-25 Sec. 2301.002. ESTABLISHMENT OF AUTHORITY
674-26 Sec. 2301.003. BOARD OF DIRECTORS
674-27 Sec. 2301.004. PAYMENT FROM AD VALOREM TAXES
675-1 Sec. 2301.005. WRITTEN CONTRACT REQUIREMENTS
675-2 Sec. 2301.006. TAX EXEMPTION
675-3 Sec. 2301.007. LOANS AND GRANTS
675-4 (Sections 2301.008-2301.030 reserved for expansion)
675-5 SUBCHAPTER B. POWERS OF AN AUTHORITY
675-6 Sec. 2301.031. DESCRIPTION OF AUTHORITY
675-7 Sec. 2301.032. AUTHORITY TO BRING SUIT
675-8 Sec. 2301.033. AGREEMENTS
675-9 Sec. 2301.034. ACQUISITION OF PROPERTY
675-10 Sec. 2301.035. FUNDS
675-11 Sec. 2301.036. ELIGIBLE PROJECTS
675-12 Sec. 2301.037. EXERCISE OF OTHER POWERS
675-13 (Sections 2301.038-2301.060 reserved for expansion)
675-14 SUBCHAPTER C. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES
675-15 Sec. 2301.061. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES
675-16 TO ACT
675-17 Sec. 2301.062. AGREEMENTS
675-18 Sec. 2301.063. ACQUISITION OF PROPERTY
675-19 Sec. 2301.064. USE OF FUNDS
675-20 Sec. 2301.065. ELIGIBLE PROJECTS
675-21 Sec. 2301.066. EFFECT ON OTHER LAWS
675-22 Sec. 2301.067. ENFORCEMENT OF REGULATIONS
675-23 Sec. 2301.068. ELECTIONS
675-24 (Sections 2301.069-2301.090 reserved for expansion)
675-25 SUBCHAPTER D. BONDS AND OTHER FUNDS
675-26 Sec. 2301.091. BONDS
675-27 Sec. 2301.092. ISSUANCE OF BONDS
676-1 Sec. 2301.093. USE OF PROCEEDS
676-2 Sec. 2301.094. USE OF FUNDS
676-3 SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING
676-4 BOTH STATE AND LOCAL GOVERNMENTS
676-5 CHAPTER 2301. SUPERCONDUCTING SUPER COLLIDER FACILITY
676-6 RESEARCH AUTHORITY
676-7 SUBCHAPTER A. GENERAL PROVISIONS
676-8 Sec. 2301.001. DEFINITIONS. In this chapter:
676-9 (1) "Agreement" includes a contract or lease.
676-10 (2) "Authority" means a research authority created
676-11 under this chapter.
676-12 (3) "Board" means the board of directors of an
676-13 authority.
676-14 (4) "Bond" means any type of obligation issued by an
676-15 authority under this chapter, including any bond, note, draft,
676-16 bill, warrant, debenture, interim certificate, revenue or bond
676-17 anticipation note, any form of contract the authority considers
676-18 appropriate for the purchase of property including an installment
676-19 purchase, conditional purchase, or lease with option to purchase,
676-20 or other evidence of indebtedness.
676-21 (5) "Eligible project" means a project necessary or
676-22 incidental to the super collider facility and its neighboring
676-23 communities, including the acquisition, construction, operation,
676-24 maintenance, or enhancement of:
676-25 (A) roads, bridges, and rights of way;
676-26 (B) housing;
676-27 (C) real and personal property;
677-1 (D) police, fire, medical, cultural,
677-2 educational, and research services, equipment, institutions, and
677-3 resources;
677-4 (E) other community support services;
677-5 (F) flood control, water, and wastewater
677-6 treatment facilities;
677-7 (G) other infrastructure improvements; and
677-8 (H) rights useful in connection with the super
677-9 collider facility and its neighboring communities.
677-10 (6) "Public entity" means any county, municipality,
677-11 district or authority created under Article III, Section 52, or
677-12 Article XVI, Section 59, of the Texas Constitution, or other
677-13 political or corporate body of the state.
677-14 (7) "Super collider facility" means any
677-15 superconducting super collider high-energy research facility that
677-16 is or is proposed to be sponsored, authorized, and funded in part
677-17 by the United States government. (V.A.C.S. Art. 4413(47e), Sec.
677-18 2.)
677-19 Sec. 2301.002. ESTABLISHMENT OF AUTHORITY. (a) Two or more
677-20 public entities, by adopting substantially identical resolutions,
677-21 orders, or ordinances, may establish a research authority and
677-22 specify the authority's powers consistent with this chapter.
677-23 (b) The name of an authority must include the name or
677-24 description of the area of the state in which the super collider
677-25 facility is located or proposed to be located.
677-26 (c) An additional public entity may join an authority:
677-27 (1) by adopting a resolution, order, or ordinance
678-1 substantially identical to those by which the authority is
678-2 established; and
678-3 (2) on attaining the consent of the public entities
678-4 that established the authority or that are subsequently added.
678-5 (d) Subject to the terms of an agreement entered into by an
678-6 authority, public entities comprising the authority may amend their
678-7 resolutions, orders, or ordinances establishing an authority by the
678-8 adoption of substantially identical amending resolutions, orders,
678-9 or ordinances. (V.A.C.S. Art. 4413(47e), Sec. 3(a).)
678-10 Sec. 2301.003. BOARD OF DIRECTORS. (a) An authority is
678-11 governed by a board of directors composed of the number of
678-12 directors determined by the resolutions, orders, or ordinances
678-13 governing the authority. Directors serve two-year terms expiring
678-14 June 1 of each odd-numbered year.
678-15 (b) The board shall elect a presiding officer from among its
678-16 members.
678-17 (c) An employee, officer, or member of the governing body of
678-18 a participating public entity may serve as a director.
678-19 (d) A director, officer, or employee of an authority may not
678-20 have a personal interest, other than in the individual's official
678-21 capacity, in an agreement executed by the authority. (V.A.C.S.
678-22 Art. 4413(47e), Sec. 3(b).)
678-23 Sec. 2301.004. PAYMENT FROM AD VALOREM TAXES. (a) An
678-24 agreement that is between one or more public entities and an
678-25 authority and includes payments in whole or in part from ad valorem
678-26 taxes levied by the public entity may provide that the authority
678-27 shall establish a uniform tax rate that each participating public
679-1 entity is obligated to levy and collect for the authority and pay
679-2 to the authority as provided by the agreement. The rate
679-3 established by the authority may not exceed any maximum rate in the
679-4 agreement.
679-5 (b) A payment under an agreement under this section that is
679-6 made in whole or in part from ad valorem taxes is payment of
679-7 principal and interest on an evidence of indebtedness of the public
679-8 entity for the purposes of Section 26.04, Tax Code, regardless of
679-9 whether the agreement constitutes "debt" within the meaning of that
679-10 section or pays the principal and interest on bonds of the
679-11 authority. (V.A.C.S. Art. 4413(47e), Sec. 5(d).)
679-12 Sec. 2301.005. WRITTEN CONTRACT REQUIREMENTS. (a) A county
679-13 may not contract with an authority providing for periodic payments
679-14 to be made by the county for longer than one year unless the
679-15 authority also contracts as provided by Subsection (b) with at
679-16 least two other counties.
679-17 (b) Each contract executed under this section must:
679-18 (1) be in writing;
679-19 (2) be in substantially the same form, except as to
679-20 the source and timing of funds to be paid under the contract;
679-21 (3) provide that funds or any amounts earned from the
679-22 investment of those funds received by the authority under the
679-23 contract may not be used for payment of salary to an employee of
679-24 the authority; and
679-25 (4) provide that funds received by the authority under
679-26 the contract may be used only to pay or reimburse the costs of the
679-27 acquisition of land or an interest in land or to pay expenses or
680-1 other costs incidental to that acquisition.
680-2 (c) The requirement that payments to be made under a
680-3 contract are determined according to a uniform amount for each
680-4 motor vehicle registered in the county does not make the contracts
680-5 have a different form. (V.A.C.S. Art. 4413(47e), Sec. 5A.)
680-6 Sec. 2301.006. TAX EXEMPTION. An authority and its
680-7 property, income, and operations are exempt from taxes imposed by
680-8 the state, an agency or instrumentality of this state, or a public
680-9 entity of the state. (V.A.C.S. Art. 4413(47e), Sec. 8.)
680-10 Sec. 2301.007. LOANS AND GRANTS. A public entity may make
680-11 loans and grants of public money or property for eligible projects
680-12 that contribute to the public purposes of development and
680-13 diversification of the economy of the state, the elimination of
680-14 underemployment and unemployment in the state, or the development
680-15 or expansion of transportation or commerce in the state. (V.A.C.S.
680-16 Art. 4413(47e), Sec. 9.)
680-17 (Sections 2301.008-2301.030 reserved for expansion)
680-18 SUBCHAPTER B. POWERS OF AN AUTHORITY
680-19 Sec. 2301.031. DESCRIPTION OF AUTHORITY. An authority is a
680-20 political and corporate body and a political subdivision of this
680-21 state. (V.A.C.S. Art. 4413(47e), Sec. 4(a) (part).)
680-22 Sec. 2301.032. AUTHORITY TO BRING SUIT. An authority may
680-23 sue and be sued. (V.A.C.S. Art. 4413(47e), Sec. 4(a) (part).)
680-24 Sec. 2301.033. AGREEMENTS. An authority may make agreements
680-25 with and accept donations, grants, and loans from any person,
680-26 including the United States, this state, a department or agency of
680-27 this state, a public entity, and a public or private corporation,
681-1 including those public entities creating the authority. (V.A.C.S.
681-2 Art. 4413(47e), Sec. 4(a) (part).)
681-3 Sec. 2301.034. ACQUISITION OF PROPERTY. An authority may:
681-4 (1) without taking competitive bids, acquire, convey,
681-5 grant, loan, pledge, mortgage, grant a security interest in, or
681-6 otherwise dispose of any land, easement, road, bridge,
681-7 infrastructure improvement, other property or improvement, service
681-8 or cash, or interest in any of the items described by this
681-9 subdivision that will permit or aid in the accomplishment of the
681-10 purposes of this chapter; and
681-11 (2) exercise the power of eminent domain to acquire
681-12 land, easements, and property interests as determined to be
681-13 necessary by the board for eligible projects, including the power
681-14 to acquire fee title in land condemned. (V.A.C.S. Art. 4413(47e),
681-15 Sec. 4(a) (part).)
681-16 Sec. 2301.035. FUNDS. An authority may:
681-17 (1) make loans to public or private entities to fund
681-18 eligible projects;
681-19 (2) issue bonds to fund eligible projects; and
681-20 (3) encumber its property, pledge its revenues, and
681-21 enter credit agreements, as defined by Chapter 656, Acts of the
681-22 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
681-23 Texas Civil Statutes), to secure its bonds. (V.A.C.S. Art.
681-24 4413(47e), Sec. 4(a) (part).)
681-25 Sec. 2301.036. ELIGIBLE PROJECTS. An authority may:
681-26 (1) undertake eligible projects;
681-27 (2) adopt and enforce reasonable rules to carry out
682-1 the authority's purposes, to secure and maintain safe, efficient,
682-2 and normal operation and maintenance of the super collider facility
682-3 and its eligible projects, and to regulate privileges on any land,
682-4 easement, or property interest adjoining the site of the super
682-5 collider facility to prevent activities on the adjoining land,
682-6 easement, or property interest that could adversely affect the
682-7 safe, efficient, and normal operation and maintenance of the super
682-8 collider facility or its eligible projects; and
682-9 (3) exercise any power necessary or useful to an
682-10 eligible project. (V.A.C.S. Art. 4413(47e), Sec. 4(a) (part).)
682-11 Sec. 2301.037. EXERCISE OF OTHER POWERS. An authority may:
682-12 (1) adopt bylaws and exercise any power consistent
682-13 with this chapter and the resolutions, orders, or ordinances
682-14 creating the authority; and
682-15 (2) perform any act necessary for the full exercise of
682-16 the powers vested in the authority and exercise any power, right,
682-17 or duty that will permit accomplishment of the purposes of the
682-18 authority. (V.A.C.S. Art. 4413(47e), Sec. 4(a) (part).)
682-19 (Sections 2301.038-2301.060 reserved for expansion)
682-20 SUBCHAPTER C. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES
682-21 Sec. 2301.061. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES
682-22 TO ACT. A public entity or state agency may carry out the purposes
682-23 of this chapter without any further authorization. (V.A.C.S. Art.
682-24 4413(47e), Sec. 5(a) (part).)
682-25 Sec. 2301.062. AGREEMENTS. A public entity or state agency
682-26 may make agreements with and accept donations, grants, and loans
682-27 from any person, including the United States, this state, a
683-1 department or agency of this state, a public entity, and a public
683-2 or private corporation, including any authority and the Texas
683-3 National Research Laboratory Commission. (V.A.C.S. Art. 4413(47e),
683-4 Sec. 5(a) (part).)
683-5 Sec. 2301.063. ACQUISITION OF PROPERTY. A public entity or
683-6 state agency may without taking competitive bids, acquire, convey,
683-7 grant, loan, pledge, mortgage, grant a security interest in, or
683-8 otherwise dispose of any land, easement, road, bridge,
683-9 infrastructure improvement, or other property or improvement,
683-10 service or cash, or interest in any item described by this
683-11 subdivision that will permit or aid in the accomplishment of the
683-12 purposes of this chapter. (V.A.C.S. Art. 4413(47e), Sec. 5(a)
683-13 (part).)
683-14 Sec. 2301.064. USE OF FUNDS. A public entity or state
683-15 agency may:
683-16 (1) use its funds, including tax revenues, to plan,
683-17 acquire, construct, own, operate, maintain, or enhance eligible
683-18 projects, including, in the case of a public entity, eligible
683-19 projects located outside the jurisdiction or boundaries of the
683-20 public entity if the governing body of the public entity determines
683-21 that the project will contribute to the development and
683-22 diversification of the economy, the elimination of unemployment or
683-23 underemployment, or the development or expansion of commerce within
683-24 the public entity;
683-25 (2) levy taxes to provide for payment of amounts
683-26 required under agreements with any person, including the United
683-27 States, the state, a department and agency of this state, a public
684-1 entity, and a public or private corporation, including any
684-2 authority and the Texas National Research Laboratory Commission;
684-3 and
684-4 (3) pledge tax revenue to the payment of agreements.
684-5 (V.A.C.S. Art. 4413(47e), Sec. 5(a) (part).)
684-6 Sec. 2301.065. ELIGIBLE PROJECTS. (a) A public entity or
684-7 state agency may:
684-8 (1) participate in or undertake eligible projects; and
684-9 (2) adopt and enforce reasonable rules:
684-10 (A) to secure and maintain safe, efficient, and
684-11 normal operation and maintenance of the super collider facility and
684-12 its eligible projects;
684-13 (B) in the case of a public entity, to regulate
684-14 privileges on any land, easement, or property interest that is
684-15 located within the jurisdiction or boundaries of the public entity
684-16 and that adjoins the super collider facility site; and
684-17 (C) in the case of a public entity, to prevent
684-18 activities on adjoining land, easement, or property interest that
684-19 would adversely affect the safe, efficient, and normal operation
684-20 and maintenance of the super collider facility or its eligible
684-21 projects.
684-22 (b) A state agency may not exercise any rule-making powers
684-23 under Subsection (a). (V.A.C.S. Art. 4413(47e), Sec. 5(a) (part).)
684-24 Sec. 2301.066. EFFECT ON OTHER LAWS. This subchapter does
684-25 not change the power of the state or any state agency to levy,
684-26 collect, or set rates of taxes. (V.A.C.S. Art. 4413(47e), Sec.
684-27 5(a) (part).)
685-1 Sec. 2301.067. ENFORCEMENT OF REGULATIONS. (a) A person
685-2 who violates a rule adopted under Sections 2301.036 and 2301.065
685-3 commits an offense. An offense under this subsection is a Class C
685-4 misdemeanor.
685-5 (b) Public entities and an authority are encouraged to
685-6 cooperate in the adoption and enforcement of rules to achieve a
685-7 uniformity of standards applicable to the regulation of privileges
685-8 and activities on any land, easement, or property interest
685-9 adjoining the super collider facility site. (V.A.C.S. Art.
685-10 4413(47e), Secs. 4(b); 5(a) (part), (b).)
685-11 Sec. 2301.068. ELECTIONS. (a) A public entity may enter an
685-12 agreement payable by taxes or otherwise without authorization
685-13 through an election, if the transaction is not a bond or obligation
685-14 of a public entity issued for making loans or grants payable from
685-15 ad valorem taxes, within the meaning of Article III, Section 52-a,
685-16 of the Texas Constitution.
685-17 (b) An election required by the Texas Constitution to be
685-18 held by the public entity to authorize an agreement proposed to be
685-19 made under this chapter shall be held under the applicable law
685-20 governing bond elections for the public entity. (V.A.C.S.
685-21 Art. 4413(47e), Sec. 5(c).)
685-22 (Sections 2301.069-2301.090 reserved for expansion)
685-23 SUBCHAPTER D. BONDS AND OTHER FUNDS
685-24 Sec. 2301.091. BONDS. (a) By resolution, an authority may
685-25 authorize the issuance, sale, and delivery of bonds for the
685-26 accomplishment of its purposes.
685-27 (b) Any bonds that are payable from ad valorem taxes levied
686-1 by a public entity to pay principal and interest on bonds of an
686-2 authority may be issued only after an affirmative vote of the
686-3 qualified voters of the public entities that comprise the
686-4 authority.
686-5 (c) To accomplish the purposes of this chapter, an authority
686-6 has the powers granted to industrial development corporations by
686-7 Sections 23, except the limitations provided by Subsection (a)(11)
686-8 of that section, 25(e), 26, 27, and 29, Development Corporation Act
686-9 of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), but is
686-10 otherwise governed by this chapter.
686-11 (d) In issuing bonds, an authority may exercise the powers
686-12 granted to the governing body of an issuer relating to the issuance
686-13 of obligations under Chapter 656, Acts of the 68th Legislature,
686-14 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
686-15 Statutes).
686-16 (e) The bonds may not be a debt or pledge of the faith and
686-17 credit of the state, the authority, or a public entity, but may be
686-18 payable solely from revenues arising under this chapter, from
686-19 grants provided by the United States, the state, a department or
686-20 agency of this state, public or private entities, or from
686-21 agreements with public or private entities.
686-22 (f) As determined by the board, an authority may pledge to
686-23 the payment of any bond the revenues of all or part of the eligible
686-24 projects acquired or undertaken by the authority.
686-25 (g) A bond issued by an authority shall contain on its face
686-26 a statement of the limitation in Subsections (e) and (f).
686-27 (V.A.C.S. Art. 4413(47e), Secs. 6(a) (part), (b) (part).)
687-1 Sec. 2301.092. ISSUANCE OF BONDS. (a) Bonds authorized
687-2 under Section 2301.091 may be executed and delivered as a single
687-3 issue or as several issues, and may be in any denomination and
687-4 form, including registered uncertified obligations not represented
687-5 by written instruments and commonly known as book-entry
687-6 obligations, for which the registration of ownership and transfer
687-7 shall be provided by the authority under a system of books and
687-8 records maintained by a financial institution domiciled inside or
687-9 outside the state and serving as trustee, paying agent, or bond
687-10 registrar.
687-11 (b) The bonds of an authority must be signed by the
687-12 presiding officer or assistant presiding officer of the authority,
687-13 be attested by the secretary, and bear the seal of the authority.
687-14 The signatures may be printed or lithographed on the bonds if
687-15 authorized by the authority, and the seal may be impressed,
687-16 lithographed, or printed on the bonds.
687-17 (c) The authority may adopt or use for any purpose the
687-18 signature of an individual who has been an officer of the
687-19 authority, regardless of whether the individual has ceased to be an
687-20 officer at the time the bonds are delivered to a purchaser.
687-21 (d) The bonds must mature serially or otherwise not to
687-22 exceed 40 years after their respective dates of issuance and may be
687-23 sold at a public or private sale at a price or under terms
687-24 determined by the authority to be the most advantageous reasonably
687-25 obtainable.
687-26 (e) The bonds may bear no interest or a rate of interest
687-27 determined by the authority or by a contractual agreement approved
688-1 by the authority, but may not exceed the maximum net effective
688-2 interest rate allowed by Chapter 3, Acts of the 61st Legislature,
688-3 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
688-4 Statutes).
688-5 (f) The bonds may be subject to redemption before maturity
688-6 at times and prices approved by the authority.
688-7 (g) The bonds are subject to review and approval by the
688-8 attorney general in the same manner and with the same effect as is
688-9 provided by Chapter 656, Acts of the 68th Legislature, Regular
688-10 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes).
688-11 (h) The bonds are legal and authorized investments for a
688-12 bank, trust company, savings and loan association, insurance
688-13 company, fiduciary, trustee, or guardian or a sinking fund of a
688-14 municipality, county, school district, or other political
688-15 subdivision of this state.
688-16 (i) The bonds may be used to secure deposits of public funds
688-17 of this state and municipalities, counties, school districts, or
688-18 other political subdivisions of this state. The bonds are lawful
688-19 and sufficient security for deposits to the extent of the principal
688-20 amount of the bonds or their value on the market, whichever is
688-21 less, when accompanied by all attached unmatured coupons.
688-22 (j) An authority may issue bonds to refund all or part of
688-23 its outstanding bonds, including unpaid interest, in the manner
688-24 provided by law.
688-25 (k) The bonds, any interest on the bonds, any transaction
688-26 relating to the bonds, and any profit made in the sale of the bonds
688-27 are exempt from taxation by the state, an agency or instrumentality
689-1 of the state, or any political subdivision of the state. (V.A.C.S.
689-2 Art. 4413(47e), Secs. 6(d), (e), (f), (g), (h), (i).)
689-3 Sec. 2301.093. USE OF PROCEEDS. (a) The proceeds of bonds
689-4 issued under this chapter may be used only to finance eligible
689-5 projects, pay professional and consulting fees and related
689-6 expenses, and pay the costs of issuance of the bonds.
689-7 (b) An authority may set aside from the proceeds of the sale
689-8 of bonds amounts for payments into the interest and sinking fund
689-9 and reserve fund, and for interest and operating expenses during
689-10 construction and development, as specified in the proceedings
689-11 authorizing the bonds.
689-12 (c) Bond proceeds may be invested, pending their use, in
689-13 securities, interest-bearing certificates, and time deposits as
689-14 specified in the authorizing proceedings. (V.A.C.S. Art.
689-15 4413(47e), Secs. 6(c), 7 (part).)
689-16 Sec. 2301.094. USE OF FUNDS. The authority may use funds,
689-17 including tax revenues or other money received by the authority
689-18 from a public entity, to finance eligible projects located outside
689-19 the jurisdiction or boundary of the public entity, if the
689-20 governing body of the public entity determines that the eligible
689-21 projects will contribute to the development and diversification of
689-22 the economy, the elimination of unemployment or underemployment, or
689-23 the development or expansion of commerce within the public entity.
689-24 (V.A.C.S. Art. 4413(47e), Sec. 7 (part).)
689-25 CHAPTER 2302. COGENERATION
689-26 SUBCHAPTER A. GENERAL PROVISIONS
689-27 Sec. 2302.001. DEFINITIONS
690-1 Sec. 2302.002. COMPOSITION OF COUNCIL
690-2 Sec. 2302.003. PRESIDING OFFICER
690-3 Sec. 2302.004. COMPENSATION
690-4 Sec. 2302.005. COUNCIL EXPENSES
690-5 Sec. 2302.006. EXPERTS
690-6 Sec. 2302.007. DUTIES OF COUNCIL
690-7 (Sections 2302.008-2302.020 reserved for expansion)
690-8 SUBCHAPTER B. COGENERATION
690-9 Sec. 2302.021. STATE AGENCY COGENERATION PROJECTS
690-10 Sec. 2302.022. APPLICATION
690-11 Sec. 2302.023. JOINT COGENERATION PROJECTS
690-12 Sec. 2302.024. AUTHORITY TO SELL POWER
690-13 Sec. 2302.025. MONEY FROM POWER SALES
690-14 (Sections 2302.026-2302.040 reserved for expansion)
690-15 SUBCHAPTER C. ENFORCEMENT
690-16 Sec. 2302.041. COOPERATION WITH COGENERATING STATE AGENCIES
690-17 Sec. 2302.042. PETITION FOR ENFORCEMENT
690-18 Sec. 2302.043. ORDER OR RULING
690-19 Sec. 2302.044. JURISDICTION
690-20 CHAPTER 2302. COGENERATION
690-21 SUBCHAPTER A. GENERAL PROVISIONS
690-22 Sec. 2302.001. DEFINITIONS. In this chapter:
690-23 (1) "Cogenerating state agency" means a state agency
690-24 that has constructed or operates a state agency cogeneration
690-25 facility.
690-26 (2) "Commission" means the Public Utility Commission
690-27 of Texas.
691-1 (3) "Council" means the State Cogeneration Council.
691-2 (4) "Firm power" means power or power-producing
691-3 capacity that, under an enforceable obligation, is available to the
691-4 purchasing party according to a schedule over a specified term.
691-5 (5) "Nonfirm power" means power provided under an
691-6 arrangement that does not guarantee that power will be available
691-7 according to a schedule but provides instead for delivery of power
691-8 as it is available.
691-9 (6) "Qualifying facility" means a qualifying small
691-10 power production facility or a qualifying cogeneration facility as
691-11 defined by Sections 3(17)(C) and 3(18)(B) of the Federal Power Act
691-12 (16 U.S.C. Sections 796(17)(C) and 796(18)(B)).
691-13 (7) "State agency" means an office, department,
691-14 commission, or board of any branch of state government or an
691-15 institution of higher education as defined by Section 61.003,
691-16 Education Code.
691-17 (8) "State agency cogeneration facility" means a
691-18 qualifying facility constructed or operated by a state agency for
691-19 the benefit of a state agency facility that is located adjacent to
691-20 or on property contiguous with the site of the qualifying facility.
691-21 (V.A.C.S. Art. 4413(55), Sec. 1 (part).)
691-22 Sec. 2302.002. COMPOSITION OF COUNCIL. The council is
691-23 composed of:
691-24 (1) one representative with knowledge of cogeneration
691-25 from each of the following agencies, appointed by and serving at
691-26 the pleasure of the agency's presiding officer:
691-27 (A) the commission;
692-1 (B) the Railroad Commission of Texas;
692-2 (C) the General Services Commission; and
692-3 (D) the Texas Natural Resource Conservation
692-4 Commission;
692-5 (2) one representative of the office of the attorney
692-6 general, appointed by the attorney general; and
692-7 (3) one representative of higher education, appointed
692-8 by the governor. (V.A.C.S. Art. 4413(55), Sec. 2(a).)
692-9 Sec. 2302.003. PRESIDING OFFICER. (a) The council shall
692-10 elect one of its members presiding officer at the first council
692-11 meeting after the appointment of a new member.
692-12 (b) The presiding officer may vote only to break a tie.
692-13 (V.A.C.S. Art. 4413(55), Sec. 2(b).)
692-14 Sec. 2302.004. COMPENSATION. A council member serves
692-15 without compensation but is entitled to reimbursement for expenses
692-16 as provided by the General Appropriations Act. (V.A.C.S. Art.
692-17 4413(55), Sec. 2(c).)
692-18 Sec. 2302.005. COUNCIL EXPENSES. (a) The state agencies
692-19 represented on the council shall pay the council's incidental
692-20 expenses.
692-21 (b) The state agencies represented on the council may spend
692-22 money to assist the council in performing its duties.
692-23 (c) The council may not require a state agency represented
692-24 on the council to spend money without the agency's consent.
692-25 (V.A.C.S. Art. 4413(55), Sec. 2(d).)
692-26 Sec. 2302.006. EXPERTS. (a) The council may contract for
692-27 the services of experts to assist in performing its duties.
693-1 (b) The expenses of an expert may be paid for by:
693-2 (1) the state agencies represented on the council;
693-3 (2) general appropriation of the legislature;
693-4 (3) a specific appropriation of oil overcharge funds
693-5 received by the state; or
693-6 (4) other receipt of oil overcharge funds received by
693-7 the state. (V.A.C.S. Art. 4413(55), Sec. 3(b).)
693-8 Sec. 2302.007. DUTIES OF COUNCIL. The council shall:
693-9 (1) assist, inform, and advise a state agency
693-10 concerning legal, technical, economic, and contractual issues
693-11 related to cogeneration;
693-12 (2) approve or disapprove, solely on economic and
693-13 technical grounds, an application for a state agency cogeneration
693-14 facility; and
693-15 (3) adopt rules and procedures necessary for
693-16 exercising council duties. (V.A.C.S. Art. 4413(55), Secs. 3(a),
693-17 (c).)
693-18 (Sections 2302.008-2302.020 reserved for expansion)
693-19 SUBCHAPTER B. COGENERATION
693-20 Sec. 2302.021. STATE AGENCY COGENERATION PROJECTS. (a) A
693-21 state agency may not construct or operate a state agency
693-22 cogeneration facility unless the council has approved the size and
693-23 design of the facility.
693-24 (b) A state agency cogeneration facility's size and design
693-25 is limited to the size and design that is necessary to supply
693-26 economically the cogenerating state agency, considering the optimum
693-27 balance of annual thermal and electrical energy requirements and
694-1 any expansions anticipated in the near future.
694-2 (c) This section does not apply to a state agency
694-3 cogeneration facility if, before September 1, 1987:
694-4 (1) the facility was in operation;
694-5 (2) the facility's final engineering design had been
694-6 completed; or
694-7 (3) construction of the facility had begun. (V.A.C.S.
694-8 Art. 4413(55), Secs. 4(b), (c), (e).)
694-9 Sec. 2302.022. APPLICATION. (a) A state agency shall file
694-10 with the council for approval an application prescribed by the
694-11 council to construct or operate a state agency cogeneration
694-12 facility.
694-13 (b) The council shall approve or disapprove a state agency's
694-14 application to construct or operate a state agency cogeneration
694-15 facility within six months of the date the application is filed.
694-16 (V.A.C.S. Art. 4413(55), Secs. 4(a), (d).)
694-17 Sec. 2302.023. JOINT COGENERATION PROJECTS. Subject to this
694-18 chapter, two or more state agencies may jointly construct or
694-19 operate a state agency cogeneration facility. (V.A.C.S. Art.
694-20 4413(55), Sec. 4(f).)
694-21 Sec. 2302.024. AUTHORITY TO SELL POWER. (a) After the
694-22 council has approved the application to construct or operate a
694-23 cogeneration facility, a cogenerating state agency may contract in
694-24 the same manner as a qualifying facility for the sale to an
694-25 electric utility of firm or nonfirm power produced by the state
694-26 agency cogeneration facility that exceeds the agency's power
694-27 requirements.
695-1 (b) A cogenerating state agency may consult with the council
695-2 about the price or other terms of a contract entered under this
695-3 section. (V.A.C.S. Art. 4413(55), Secs. 5(a), (b).)
695-4 Sec. 2302.025. MONEY FROM POWER SALES. (a) A state agency
695-5 shall first apply money it collects from the sale of firm or
695-6 nonfirm power to retire any outstanding debt and pay operating
695-7 expenses that result from constructing and maintaining the state
695-8 agency cogeneration facility.
695-9 (b) A state agency shall deposit to the credit of the
695-10 general revenue fund any money it collects under this chapter that
695-11 exceeds the amount needed to service the debt and pay the operating
695-12 expenses of the state agency cogeneration facility. (V.A.C.S. Art.
695-13 4413(55), Sec. 5(c).)
695-14 (Sections 2302.026-2302.040 reserved for expansion)
695-15 SUBCHAPTER C. ENFORCEMENT
695-16 Sec. 2302.041. COOPERATION WITH COGENERATING STATE AGENCIES.
695-17 A political subdivision, municipality, or agency of the state that
695-18 operates, maintains, or controls a facility that provides retail
695-19 electric utility service:
695-20 (1) shall cooperate with a cogenerating state agency
695-21 that attempts to sell firm or nonfirm power; and
695-22 (2) may not adopt rates, pricing policies, access
695-23 restrictions, or other rules inconsistent with the intent of this
695-24 chapter. (V.A.C.S. Art. 4413(55), Sec. 6(a).)
695-25 Sec. 2302.042. PETITION FOR ENFORCEMENT. (a) A state
695-26 agency may file a petition with the commission to enforce Section
695-27 2302.041.
696-1 (b) Notwithstanding any other law, if a state agency files a
696-2 petition under this section, the commission may determine issues
696-3 relating to rates, pricing policies, access restrictions, and other
696-4 matters regarding a state agency cogeneration facility as necessary
696-5 to enforce Section 2302.041.
696-6 (c) The commission retains jurisdiction until the commission
696-7 by final order resolves the issues raised in the petition.
696-8 (V.A.C.S. Art. 4413(55), Sec. 6(b).)
696-9 Sec. 2302.043. ORDER OR RULING. (a) A commission order or
696-10 ruling entered under this chapter is considered to have been
696-11 entered or adopted under the Public Utility Regulatory Act (Article
696-12 1446c, Vernon's Texas Civil Statutes).
696-13 (b) A commission order or ruling entered under this chapter
696-14 is enforced under Sections 71 through 77 of the Public Utility
696-15 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes).
696-16 (V.A.C.S. Art. 4413(55), Sec. 6(c).)
696-17 Sec. 2302.044. JURISDICTION. This chapter does not enlarge
696-18 or modify the commission's jurisdiction over a political
696-19 subdivision, municipality, or agency of the state. (V.A.C.S. Art.
696-20 4413(55), Sec. 6(d).)
696-21 CHAPTER 2303. ENTERPRISE ZONES
696-22 SUBCHAPTER A. GENERAL PROVISIONS
696-23 Sec. 2303.001. SHORT TITLE
696-24 Sec. 2303.002. PURPOSES
696-25 Sec. 2303.003. DEFINITIONS
696-26 Sec. 2303.004. JURISDICTION OF MUNICIPALITY
696-27 (Sections 2303.005-2303.050 reserved for expansion)
697-1 SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES
697-2 RELATING TO ZONES
697-3 Sec. 2303.051. GENERAL POWERS AND DUTIES
697-4 Sec. 2303.052. EVALUATION; REPORT
697-5 Sec. 2303.053. ASSISTANCE
697-6 Sec. 2303.054. COORDINATION WITH OTHER GOVERNMENTAL
697-7 ENTITIES
697-8 (Sections 2303.055-2303.100 reserved for expansion)
697-9 SUBCHAPTER C. DESIGNATION OF ENTERPRISE ZONE
697-10 Sec. 2303.101. CRITERIA FOR ENTERPRISE ZONE DESIGNATION
697-11 Sec. 2303.102. AREA OF PERVASIVE POVERTY, UNEMPLOYMENT,
697-12 AND ECONOMIC DISTRESS
697-13 Sec. 2303.103. NOMINATION OF ENTERPRISE ZONE
697-14 Sec. 2303.104. NOMINATING ORDINANCE OR ORDER
697-15 Sec. 2303.105. APPLICATION FOR DESIGNATION
697-16 Sec. 2303.106. REVIEW OF APPLICATION
697-17 Sec. 2303.107. DESIGNATION AGREEMENT
697-18 Sec. 2303.108. DENIAL OF APPLICATION; NOTICE
697-19 Sec. 2303.109. PERIOD OF DESIGNATION
697-20 Sec. 2303.110. AMENDING BOUNDARIES
697-21 Sec. 2303.111. REMOVAL OF DESIGNATION
697-22 (Sections 2303.112-2303.200 reserved for expansion)
697-23 SUBCHAPTER D. ADMINISTRATION OF ENTERPRISE ZONE
697-24 Sec. 2303.201. ADMINISTRATION BY GOVERNING BODY
697-25 Sec. 2303.202. ADMINISTRATION BY ADMINISTRATIVE
697-26 AUTHORITY
697-27 Sec. 2303.203. PARTICIPATION BY NEIGHBORHOOD
698-1 ENTERPRISE ASSOCIATIONS
698-2 Sec. 2303.204. LIAISON
698-3 Sec. 2303.205. ANNUAL REPORT
698-4 (Sections 2303.206-2303.300 reserved for expansion)
698-5 SUBCHAPTER E. NEIGHBORHOOD ENTERPRISE ASSOCIATIONS
698-6 Sec. 2303.301. ORGANIZATION OF NEIGHBORHOOD
698-7 ENTERPRISE ASSOCIATION
698-8 Sec. 2303.302. CERTIFICATION OF ASSOCIATION
698-9 Sec. 2303.303. MEMBERSHIP; VOTING
698-10 Sec. 2303.304. POWERS OF NEIGHBORHOOD ENTERPRISE
698-11 ASSOCIATIONS
698-12 Sec. 2303.305. APPROVED PROJECTS
698-13 (Sections 2303.306-2303.400 reserved for expansion)
698-14 SUBCHAPTER F. QUALIFIED BUSINESSES AND ENTERPRISE PROJECTS
698-15 Sec. 2303.401. QUALIFIED BUSINESS
698-16 Sec. 2303.402. PROHIBITION ON QUALIFIED BUSINESS
698-17 CERTIFICATION
698-18 Sec. 2303.403. ENTERPRISE PROJECT DESIGNATION
698-19 (Sections 2303.404-2303.500 reserved for expansion)
698-20 SUBCHAPTER G. ENTERPRISE ZONE BENEFITS
698-21 Sec. 2303.501. EXEMPTIONS FROM STATE REGULATION; SUSPENSION
698-22 OF LOCAL REGULATION
698-23 Sec. 2303.502. REVIEW OF STATE AGENCY RULES; REPORT
698-24 Sec. 2303.503. STATE PREFERENCES
698-25 Sec. 2303.504. STATE TAX REFUNDS AND DEDUCTION; REPORT
698-26 Sec. 2303.505. LOCAL SALES AND USE TAX REFUNDS
698-27 Sec. 2303.506. REDUCTION OR ELIMINATION OF LOCAL
699-1 FEES OR TAXES
699-2 Sec. 2303.507. TAX INCREMENT FINANCING AND ABATEMENT
699-3 Sec. 2303.508. TAX EXEMPTION FOR NEIGHBORHOOD ENTERPRISE
699-4 ASSOCIATION
699-5 Sec. 2303.509. DEVELOPMENT BONDS
699-6 Sec. 2303.510. INDUSTRIAL DEVELOPMENT CORPORATION
699-7 Sec. 2303.511. OTHER LOCAL INCENTIVES
699-8 Sec. 2303.512. LEASE OF PUBLIC PROPERTY TO NEIGHBORHOOD
699-9 ENTERPRISE ASSOCIATION
699-10 Sec. 2303.513. DISPOSITION OF PUBLIC PROPERTY IN
699-11 ENTERPRISE ZONE
699-12 Sec. 2303.514. WAIVER OF PERFORMANCE BOND
699-13 Sec. 2303.515. LIABILITY OF CONTRACTOR OR ARCHITECT
699-14 CHAPTER 2303. ENTERPRISE ZONES
699-15 SUBCHAPTER A. GENERAL PROVISIONS
699-16 Sec. 2303.001. SHORT TITLE. This chapter may be cited as
699-17 the Texas Enterprise Zone Act. (V.A.C.S. Art. 5190.7, Sec. 1.)
699-18 Sec. 2303.002. PURPOSES. The purposes of this chapter are
699-19 to establish a process that clearly identifies severely distressed
699-20 areas of the state and provides incentives by state and local
699-21 government to induce private investment in those areas by removing
699-22 unnecessary governmental regulatory barriers to economic growth and
699-23 to provide tax incentives and economic development program
699-24 benefits. (V.A.C.S. Art. 5190.7, Sec. 2(c).)
699-25 Sec. 2303.003. DEFINITIONS. In this chapter:
699-26 (1) "Day" means the period between 8 a.m. and 5 p.m.
699-27 of a day other than a Saturday, Sunday, or state or federal
700-1 holiday.
700-2 (2) "Department" means the Texas Department of
700-3 Commerce.
700-4 (3) "Enterprise zone" means an area designated as an
700-5 enterprise zone under this chapter.
700-6 (4) "Neighborhood enterprise association" means an
700-7 association certified as a neighborhood enterprise association
700-8 under Section 2303.302.
700-9 (5) "Nominating body" means the governing body of a
700-10 municipality or county, or a combination of the governing bodies of
700-11 municipalities or counties, that nominates and applies for
700-12 designation of an area as an enterprise zone.
700-13 (6) "Qualified business" means a person certified as a
700-14 qualified business under Section 2303.401.
700-15 (7) "Qualified employee" means a person who:
700-16 (A) works for a qualified business; and
700-17 (B) performs at least 50 percent of the person's
700-18 service for the business in the enterprise zone. (V.A.C.S. Art.
700-19 5190.7, Secs. 3(a)(2), (3), (7), (9), (12).)
700-20 Sec. 2303.004. JURISDICTION OF MUNICIPALITY. For the
700-21 purposes of this chapter, territory in the extraterritorial
700-22 jurisdiction of a municipality is considered to be in the
700-23 jurisdiction of the municipality. (V.A.C.S. Art. 5190.7, Sec.
700-24 3(b).)
700-25 (Sections 2303.005-2303.050 reserved for expansion)
700-26 SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES RELATING TO ZONES
700-27 Sec. 2303.051. GENERAL POWERS AND DUTIES. (a) The
701-1 department shall administer and monitor the implementation of this
701-2 chapter.
701-3 (b) The department shall establish criteria and procedures
701-4 for designating a qualified area as an enterprise zone and for
701-5 designating an enterprise project.
701-6 (c) The department shall adopt rules necessary to carry out
701-7 the purposes of this chapter. (V.A.C.S. Art. 5190.7, Sec. 8(a)
701-8 (part).)
701-9 Sec. 2303.052. EVALUATION; REPORT. (a) The department
701-10 shall conduct a continuing evaluation of the programs of enterprise
701-11 zones.
701-12 (b) The department shall develop data from available
701-13 information demonstrating the relationship between the incentives
701-14 provided under this chapter and the economy.
701-15 (c) The department biennially shall review local incentives.
701-16 (d) On or before December 1 of each year the department
701-17 shall submit to the governor, the legislature, and the Legislative
701-18 Budget Board a report that:
701-19 (1) evaluates the effectiveness of the enterprise zone
701-20 program;
701-21 (2) describes the use of state and local incentives
701-22 under this chapter and their effect on revenue; and
701-23 (3) suggests legislation. (V.A.C.S. Art. 5190.7,
701-24 Secs. 8(a) (part), (g).)
701-25 Sec. 2303.053. ASSISTANCE. (a) The department shall
701-26 assist:
701-27 (1) a qualified business in obtaining the benefits of
702-1 any incentive or inducement program provided by law;
702-2 (2) a unit of local government in obtaining status as
702-3 a federal enterprise zone;
702-4 (3) the governing body of an enterprise zone in
702-5 obtaining assistance from another state agency, including training
702-6 and technical assistance to qualified businesses in a zone; and
702-7 (4) the governing body of an enterprise zone in
702-8 developing small business incubators.
702-9 (b) The department shall provide to persons desiring to
702-10 locate and engage in business in an enterprise zone information and
702-11 appropriate assistance relating to the required legal
702-12 authorization, including a state license, permit, certificate,
702-13 approval, registration, or charter, to engage in business in this
702-14 state.
702-15 (c) The department shall publicize existing tax incentives
702-16 and economic development programs in enterprise zones.
702-17 (d) On request the department shall offer to a unit of local
702-18 government having an enterprise zone within its jurisdiction
702-19 technical assistance relating to tax abatement and the development
702-20 of alternative revenue sources. (V.A.C.S. Art. 5190.7, Secs. 8(a)
702-21 (part), (b), (d), (f).)
702-22 Sec. 2303.054. COORDINATION WITH OTHER GOVERNMENTAL
702-23 ENTITIES. (a) In cooperation with the appropriate units of local
702-24 government and other state agencies, the department shall
702-25 coordinate and streamline state business assistance programs and
702-26 permit or license application procedures for businesses in
702-27 enterprise zones.
703-1 (b) The department shall:
703-2 (1) work with the responsible state and federal
703-3 agencies to coordinate enterprise zone programs with other programs
703-4 carried out in an enterprise zone, including housing, community and
703-5 economic development, small business, banking, financial
703-6 assistance, transportation, and employment training programs;
703-7 (2) work to expedite, to the greatest extent possible,
703-8 the consideration of applications for those programs by
703-9 consolidating forms or by other means; and
703-10 (3) work, when possible, for the consolidation of
703-11 periodic reports required under those programs into one summary
703-12 report.
703-13 (c) The department shall encourage other state agencies in
703-14 awarding grants, loans, or services to give priority to businesses
703-15 in enterprise zones. (V.A.C.S. Art. 5190.7, Secs. 8(c), (e), 24.)
703-16 (Sections 2303.055-2303.100 reserved for expansion)
703-17 SUBCHAPTER C. DESIGNATION OF ENTERPRISE ZONE
703-18 Sec. 2303.101. CRITERIA FOR ENTERPRISE ZONE DESIGNATION.
703-19 (a) To be designated as an enterprise zone an area must:
703-20 (1) have a continuous boundary;
703-21 (2) be at least one square mile but not larger than
703-22 the greater of:
703-23 (A) 10 square miles, excluding lakes, waterways,
703-24 and transportation arteries; or
703-25 (B) an area, not to exceed 20 square miles, that
703-26 is equal to five percent of the area, excluding lakes, waterways,
703-27 and transportation arteries, of the municipality, county, or
704-1 combination of municipalities or counties nominating the area as an
704-2 enterprise zone;
704-3 (3) be an area of pervasive poverty, unemployment, and
704-4 economic distress; and
704-5 (4) be nominated as an enterprise zone by an ordinance
704-6 or order adopted by the nominating body.
704-7 (b) The department may not designate an area as an
704-8 enterprise zone if three enterprise zones are located in the
704-9 jurisdiction of and were nominated as enterprise zones by the
704-10 governing body of the municipality or county nominating the area as
704-11 an enterprise zone. (V.A.C.S. Art. 5190.7, Secs. 4(a), 9(d).)
704-12 Sec. 2303.102. AREA OF PERVASIVE POVERTY, UNEMPLOYMENT, AND
704-13 ECONOMIC DISTRESS. An area is an area of pervasive poverty,
704-14 unemployment, and economic distress for the purposes of Section
704-15 2303.101 if:
704-16 (1) the average rate of unemployment in the area
704-17 during the most recent 12-month period for which data are available
704-18 was at least one and one-half times the local, state, or national
704-19 average for that period; or
704-20 (2) the area had a population loss of at least nine
704-21 percent during the most recent six-year period or at least three
704-22 percent during the most recent three-year period; and
704-23 (A) the area is a low-income poverty area;
704-24 (B) the area is in a jurisdiction or pocket of
704-25 poverty eligible for urban development action grants under federal
704-26 law, according to the most recent certification available from the
704-27 United States Department of Housing and Urban Development;
705-1 (C) at least 70 percent of the residents or
705-2 households of the area have an income that is less than 80 percent
705-3 of the median income of the residents or households of the locality
705-4 or state, whichever is less; or
705-5 (D) the nominating body establishes to the
705-6 satisfaction of the department that:
705-7 (i) chronic abandonment or demolition of
705-8 commercial or residential structures exists in the area;
705-9 (ii) substantial tax arrearages for
705-10 commercial or residential structures exist in the area;
705-11 (iii) substantial losses of businesses or
705-12 jobs have occurred in the area; or
705-13 (iv) the area is part of a disaster area
705-14 declared by the state or federal government during the preceding 18
705-15 months. (V.A.C.S. Art. 5190.7, Sec. 4(b).)
705-16 Sec. 2303.103. NOMINATION OF ENTERPRISE ZONE. (a) The
705-17 governing body of a municipality or county, individually or in
705-18 combination with other municipalities or counties, by ordinance or
705-19 order, as appropriate, may nominate as an enterprise zone an area
705-20 within its jurisdiction that meets the criteria under Section
705-21 2303.101.
705-22 (b) Unless the nominating body holds a public hearing before
705-23 adopting an ordinance or order under this section, the ordinance or
705-24 order is not valid.
705-25 (c) The governing body of a county may not nominate
705-26 territory in a municipality, including extraterritorial
705-27 jurisdiction of a municipality, to be included in a proposed
706-1 enterprise zone unless the governing body of the municipality also
706-2 nominates the territory and together with the county files a joint
706-3 application under Section 2303.105.
706-4 (d) The governing bodies of a combination of municipalities
706-5 or counties may not jointly nominate an area as an enterprise zone
706-6 unless the governing bodies have entered into a binding agreement
706-7 to administer the zone jointly.
706-8 (e) Notwithstanding Subsections (c) and (d), the governing
706-9 body of a county with a population of 750,000 or more may nominate
706-10 territory in that county that is in the extraterritorial
706-11 jurisdiction of a municipality to be included in one or more of the
706-12 county's enterprise zones, and the county shall administer a zone
706-13 that is established as the result of the nomination. (V.A.C.S.
706-14 Art. 5190.7, Secs. 5(a) (part), (b), (c), (d), (e).)
706-15 Sec. 2303.104. NOMINATING ORDINANCE OR ORDER. (a) An
706-16 ordinance or order nominating an area as an enterprise zone must:
706-17 (1) describe precisely the area to be included in the
706-18 zone by a legal description or reference to roadways, lakes,
706-19 waterways, or municipal or county boundaries;
706-20 (2) state a finding that the area meets the
706-21 requirements of this chapter;
706-22 (3) summarize briefly the incentives, including tax
706-23 incentives, that, at the election of the nominating body, apply to
706-24 business enterprises in the area; and
706-25 (4) nominate the area as an enterprise zone.
706-26 (b) At least one of the incentives summarized under
706-27 Subsection (a)(3) must not apply throughout the governmental entity
707-1 or entities nominating the area as an enterprise zone.
707-2 (c) This section does not prohibit a municipality or county
707-3 from extending additional incentives, including tax incentives, for
707-4 business enterprises in an enterprise zone by a separate ordinance
707-5 or order. (V.A.C.S. Art. 5190.7, Sec. 6.)
707-6 Sec. 2303.105. APPLICATION FOR DESIGNATION. (a) For an
707-7 area to be designated as an enterprise zone, the nominating body,
707-8 after nominating the area as an enterprise zone, must send to the
707-9 department a written application for designation of the area as an
707-10 enterprise zone.
707-11 (b) The application must include:
707-12 (1) a certified copy of the ordinance or order, as
707-13 appropriate, nominating the area as an enterprise zone;
707-14 (2) a map of the area showing existing streets and
707-15 highways;
707-16 (3) an analysis and appropriate supporting documents
707-17 and statistics demonstrating that the area qualifies for
707-18 designation as an enterprise zone;
707-19 (4) a statement that specifies each tax incentive,
707-20 grant, other financial incentive or benefit, or program to be
707-21 provided by the nominating body to business enterprises in the area
707-22 that is not to be provided throughout the governmental entity or
707-23 entities nominating the area as an enterprise zone;
707-24 (5) a statement of the economic development and
707-25 planning objectives for the area;
707-26 (6) a description of the functions, programs, and
707-27 services to be performed by a neighborhood enterprise association
708-1 in the area;
708-2 (7) an estimate of the economic impact of the
708-3 designation of the area as an enterprise zone on the revenues of
708-4 the governmental entity or entities nominating the area as an
708-5 enterprise zone, considering all the financial incentives and
708-6 benefits and the programs contemplated;
708-7 (8) a transcript or tape recording of all public
708-8 hearings on the proposed zone;
708-9 (9) if the application is a joint application, a
708-10 description and copy of the agreement between the applicants;
708-11 (10) the procedures for negotiating with residents,
708-12 community groups, and other entities affected by the designation of
708-13 the area as an enterprise zone and with qualified businesses in the
708-14 area;
708-15 (11) a description of the administrative authority, if
708-16 one is to be appointed for the enterprise zone under Section
708-17 2303.202; and
708-18 (12) any additional information the department
708-19 requires.
708-20 (c) Information required by Subsection (b) is for evaluation
708-21 purposes only. (V.A.C.S. Art. 5190.7, Secs. 5(a) (part), 7(a),
708-22 (b), (c) (part).)
708-23 Sec. 2303.106. REVIEW OF APPLICATION. (a) On receipt of an
708-24 application for the designation of an enterprise zone, the
708-25 department shall review the application to determine if the
708-26 nominated area qualifies for designation as an enterprise zone
708-27 under this chapter.
709-1 (b) The department shall allow an applicant to correct any
709-2 omission or clerical error in the application and to return the
709-3 application to the department on or before the 10th day after the
709-4 day on which the department receives the application. (V.A.C.S.
709-5 Art. 5190.7, Sec. 9(a) (part).)
709-6 Sec. 2303.107. DESIGNATION AGREEMENT. (a) If the
709-7 department determines that a nominated area for which a designation
709-8 application has been received satisfies the criteria under Section
709-9 2303.101, the department shall negotiate with the nominating body
709-10 for a designation agreement.
709-11 (b) A designation agreement must:
709-12 (1) designate the nominated area as an enterprise
709-13 zone; and
709-14 (2) designate the administrative authority, if one is
709-15 to be appointed for the zone under Section 2303.202, and describe
709-16 its functions and duties, which should include decision-making
709-17 authority and the authority to negotiate with affected entities.
709-18 (c) The department shall complete the negotiations and sign
709-19 the agreement not later than the 60th day after the day on which
709-20 the application is received unless the department extends that
709-21 period to the 90th day after the day on which the application was
709-22 received.
709-23 (d) If an agreement is not completed within the 60-day
709-24 period provided by Subsection (c), the department shall provide to
709-25 the nominating body the specific areas of concern and a final
709-26 proposal for the agreement.
709-27 (e) If the agreement is not executed before the 91st day
710-1 after the day on which the application was received, the
710-2 application is considered to be denied. (V.A.C.S. Art. 5190.7,
710-3 Secs. 9(c) (part), 22(b).)
710-4 Sec. 2303.108. DENIAL OF APPLICATION; NOTICE. (a) The
710-5 department may deny an application for the designation of an
710-6 enterprise zone only if the department determines that the
710-7 nominated area does not satisfy the criteria under Section
710-8 2303.101.
710-9 (b) The department shall inform the nominating body of the
710-10 specific reasons for denial of an application, including denial
710-11 under Section 2303.107(e). (V.A.C.S. Art. 5190.7, Secs. 7(c)
710-12 (part), 9(c) (part).)
710-13 Sec. 2303.109. PERIOD OF DESIGNATION. (a) An area may be
710-14 designated as an enterprise zone for a maximum of seven years. A
710-15 designation remains in effect until September 1 of the final year
710-16 of the designation.
710-17 (b) Notwithstanding Subsection (a), an area designated as a
710-18 federal enterprise zone may be designated as an enterprise zone for
710-19 longer than seven years but not longer than the period permitted by
710-20 federal law. (V.A.C.S. Art. 5190.7, Sec. 4(c).)
710-21 Sec. 2303.110. AMENDING BOUNDARIES. (a) The nominating
710-22 body may amend the boundary of an enterprise zone by ordinance or
710-23 order, as appropriate, adopted after a public hearing on the issue.
710-24 (b) The amended boundary:
710-25 (1) must be continuous;
710-26 (2) may not exceed the original size requirement of
710-27 Section 2303.101; and
711-1 (3) may not exclude any area originally included
711-2 within the boundary of the zone as designated.
711-3 (c) The entire enterprise zone with the amended boundary
711-4 must continue to meet the unemployment and economic distress
711-5 requirements of Section 2303.101.
711-6 (d) A nominating body may not make more than one boundary
711-7 amendment annually for an enterprise zone.
711-8 (e) For each amendment of an enterprise zone boundary, the
711-9 nominating body shall pay the department a reasonable fee, in an
711-10 amount specified by the department, not to exceed $500. The
711-11 department may use fees collected under this subsection to
711-12 administer this chapter and for other purposes to advance this
711-13 chapter. (V.A.C.S. Art. 5190.7, Secs. 4(d), (f).)
711-14 Sec. 2303.111. REMOVAL OF DESIGNATION. (a) The department
711-15 may remove the designation of an area as an enterprise zone if:
711-16 (1) the area no longer meets the criteria for
711-17 designation under this chapter or by department rule adopted under
711-18 this chapter; or
711-19 (2) the department determines that the governing body
711-20 of the enterprise zone has not complied with commitments made in
711-21 the ordinance or order nominating the area as an enterprise zone.
711-22 (b) The removal of a designation does not affect the
711-23 validity of:
711-24 (1) a tax incentive or regulatory relief granted or
711-25 accrued before the removal; or
711-26 (2) bonds issued under this chapter. (V.A.C.S. Art.
711-27 5190.7, Sec. 4(e).)
712-1 (Sections 2303.112-2303.200 reserved for expansion)
712-2 SUBCHAPTER D. ADMINISTRATION OF ENTERPRISE ZONE
712-3 Sec. 2303.201. ADMINISTRATION BY GOVERNING BODY. The
712-4 governing body of an enterprise zone is the governing body of the
712-5 municipality or county, or the governing bodies of the combination
712-6 of municipalities or counties, that applied to have the area
712-7 designated as an enterprise zone. (V.A.C.S. Art. 5190.7, Secs.
712-8 3(a)(8), 22(a) (part).)
712-9 Sec. 2303.202. ADMINISTRATION BY ADMINISTRATIVE AUTHORITY.
712-10 (a) The governing body of an enterprise zone may delegate its
712-11 administrative duties to an administrative authority appointed by
712-12 the governing body.
712-13 (b) An administrative authority must:
712-14 (1) be composed of 3, 5, 7, 9, 11, or 15 members;
712-15 (2) be a viable and responsive body generally
712-16 representative of all public or private entities that have a stake
712-17 in the development of the zone; and
712-18 (3) include enterprise zone residents and
712-19 representatives of the governing body of the zone and of local
712-20 businesses. (V.A.C.S. Art. 5190.7, Secs. 3(a)(1), 22(a) (part).)
712-21 Sec. 2303.203. PARTICIPATION BY NEIGHBORHOOD ENTERPRISE
712-22 ASSOCIATIONS. Each neighborhood enterprise association organized
712-23 under Subchapter E should:
712-24 (1) actively participate in the administration of the
712-25 enterprise zone for which the association was organized; and
712-26 (2) be encouraged to participate in planning and
712-27 carrying out activities in the enterprise zone. (V.A.C.S. Art.
713-1 5190.7, Sec. 22(c).)
713-2 Sec. 2303.204. LIAISON. The governing body of an enterprise
713-3 zone shall designate a liaison to communicate and negotiate with:
713-4 (1) the department;
713-5 (2) the administrative authority, if one exists;
713-6 (3) an enterprise project; and
713-7 (4) other entities in or affected by the enterprise
713-8 zone. (V.A.C.S. Art. 5190.7, Sec. 22(d).)
713-9 Sec. 2303.205. ANNUAL REPORT. (a) Not later than October 1
713-10 of each year, the governing body of an enterprise zone shall submit
713-11 to the department a report in the form required by the department.
713-12 (b) The report must be approved by the enterprise zone's
713-13 administrative authority, if one exists.
713-14 (c) The report must include:
713-15 (1) for the year preceding the date of the report:
713-16 (A) a list of local incentives for community
713-17 development available in the zone;
713-18 (B) the use of local incentives for which the
713-19 governing body provided in the ordinance or order nominating the
713-20 enterprise zone and the effect of those incentives on revenue;
713-21 (C) the number of businesses located in the
713-22 zone;
713-23 (D) a copy of the report required under Section
713-24 103, Internal Revenue Code of 1986 (26 U.S.C. Section 103), for all
713-25 industrial revenue bonds issued to finance projects located in the
713-26 zone; and
713-27 (E) a statement on the attainment of
714-1 revitalization goals for the zone; and
714-2 (2) for the year preceding the date on which the area
714-3 was designated as an enterprise zone, the number of businesses
714-4 located in the zone. (V.A.C.S. Art. 5190.7, Sec. 23.)
714-5 (Sections 2303.206-2303.300 reserved for expansion)
714-6 SUBCHAPTER E. NEIGHBORHOOD ENTERPRISE ASSOCIATIONS
714-7 Sec. 2303.301. ORGANIZATION OF NEIGHBORHOOD ENTERPRISE
714-8 ASSOCIATION. (a) Individuals residing in an enterprise zone may
714-9 organize a neighborhood enterprise association.
714-10 (b) Only one association may exist for a geographic
714-11 neighborhood area.
714-12 (c) The association must:
714-13 (1) be a nonprofit corporation organized under the
714-14 Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
714-15 Vernon's Texas Civil Statutes); and
714-16 (2) be eligible for federal tax exemption under
714-17 Section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C.
714-18 Section 501(c)).
714-19 (d) The articles of incorporation must:
714-20 (1) describe the geographic neighborhood area of the
714-21 association; and
714-22 (2) authorize the association to engage in business
714-23 only in the enterprise zone in which the neighborhood area is
714-24 located.
714-25 (e) The incorporators shall publish in a newspaper of
714-26 general circulation in the governmental entity or entities that
714-27 applied to have the area designated as an enterprise zone an
715-1 explanation of the proposed association and the incorporators'
715-2 rights in the association.
715-3 (f) A copy of the association's articles of incorporation
715-4 and bylaws shall be available for public inspection at:
715-5 (1) the office of the city manager or comparable
715-6 municipal officer if the entity is a municipality; or
715-7 (2) the county judge's office if the entity is a
715-8 county. (V.A.C.S. Art. 5190.7, Secs. 21(a), (b) (part), (c), (d).)
715-9 Sec. 2303.302. CERTIFICATION OF ASSOCIATION. (a) After a
715-10 neighborhood enterprise association is organized, the association's
715-11 board of directors must apply to the governing body of the
715-12 enterprise zone or to the department for certification as a
715-13 neighborhood enterprise association.
715-14 (b) The governing body of the enterprise zone or the
715-15 department may not grant certification unless the association has
715-16 hired or appointed a suitable chief executive officer. (V.A.C.S.
715-17 Art. 5190.7, Secs. 21(f), (g).)
715-18 Sec. 2303.303. MEMBERSHIP; VOTING. (a) The membership of a
715-19 neighborhood enterprise association may be composed only of
715-20 residents of the enterprise zone.
715-21 (b) An individual is entitled to be a member of a
715-22 neighborhood enterprise association if the individual is:
715-23 (1) a resident of the association's geographic
715-24 neighborhood area; and
715-25 (2) of voting age.
715-26 (c) To be entitled to vote, a member of the association must
715-27 have been a resident of the association's neighborhood area for at
716-1 least one year. (V.A.C.S. Art. 5190.7, Secs. 21(b) (part), (e).)
716-2 Sec. 2303.304. POWERS OF NEIGHBORHOOD ENTERPRISE
716-3 ASSOCIATIONS. (a) A neighborhood enterprise association may
716-4 purchase or lease publicly or privately owned real property.
716-5 (b) A neighborhood enterprise association with the approval
716-6 of and in coordination with the responsible state or local
716-7 governmental entity may:
716-8 (1) establish crime watch patrols in the association's
716-9 geographic neighborhood area;
716-10 (2) establish volunteer day-care centers;
716-11 (3) organize recreational activities for the
716-12 association's geographic neighborhood area youth;
716-13 (4) provide garbage collection;
716-14 (5) maintain and improve streets, bridges, and water
716-15 and sewer lines;
716-16 (6) provide energy conservation projects;
716-17 (7) provide health and clinic services;
716-18 (8) provide drug abuse programs;
716-19 (9) provide senior citizen assistance programs;
716-20 (10) maintain parks;
716-21 (11) rehabilitate, renovate, operate, or maintain low
716-22 or moderate income housing; and
716-23 (12) provide other types of public services as
716-24 authorized by law or rule.
716-25 (c) A service may be provided under Subsection (b) by the
716-26 association or, if feasible and prudent and after agreement with
716-27 the appropriate state or local governmental entity, by a private
717-1 firm or organization.
717-2 (d) The governmental entity responsible for providing a
717-3 service may contract with a neighborhood enterprise association to
717-4 provide services in an amount equal to the amount saved by the
717-5 entity by the provision of the service under the contract.
717-6 (e) A neighborhood enterprise association has powers
717-7 established by other law or rule, including powers available to
717-8 similar corporations under state law. (V.A.C.S. Art. 5190.7,
717-9 Secs. 21(i), (j), (n), (o).)
717-10 Sec. 2303.305. APPROVED PROJECTS. (a) On approval of the
717-11 governing body of an enterprise zone, a neighborhood enterprise
717-12 association may carry out projects other than those under Section
717-13 2303.304(b). The association must submit to the governing body an
717-14 application that describes the nature and benefit of the project
717-15 and that specifically states:
717-16 (1) how the project will contribute to the self-help
717-17 efforts of the residents of the association's geographic
717-18 neighborhood area;
717-19 (2) how the residents of the geographic neighborhood
717-20 area will be involved in the planning and implementation of the
717-21 project;
717-22 (3) whether there are sufficient resources to complete
717-23 the project and whether the association will be fiscally
717-24 responsible for the project; and
717-25 (4) whether the project will enhance the enterprise
717-26 zone by:
717-27 (A) creating permanent jobs;
718-1 (B) physically improving the housing stock;
718-2 (C) stimulating neighborhood business activity;
718-3 or
718-4 (D) preventing crime.
718-5 (b) If the governing body of an enterprise zone does not
718-6 disapprove an application submitted under Subsection (a) before the
718-7 45th day after the day of receipt of the application, the
718-8 application is considered to be approved.
718-9 (c) If the governing body of an enterprise zone disapproves
718-10 an application submitted under Subsection (a), the governing body
718-11 shall notify the association of the specific reasons for the
718-12 decision and shall allow the association to amend the application
718-13 on or before the 60th day after the date of the notification.
718-14 (d) The association shall furnish to the governing body of
718-15 the enterprise zone:
718-16 (1) an annual statement of the programmatic and
718-17 financial status of each approved project; and
718-18 (2) an audited financial statement of the project.
718-19 (V.A.C.S. Art. 5190.7, Secs. 21(k), (l), (m).)
718-20 (Sections 2303.306-2303.400 reserved for expansion)
718-21 SUBCHAPTER F. QUALIFIED BUSINESSES AND ENTERPRISE PROJECTS
718-22 Sec. 2303.401. QUALIFIED BUSINESS. (a) A person is a
718-23 qualified business if the department, for the purpose of state
718-24 benefits under this chapter, or the governing body of an enterprise
718-25 zone, for the purpose of local benefits, certifies that:
718-26 (1) the person is engaged in or has provided
718-27 substantial commitment to initiate the active conduct of a trade or
719-1 business in the enterprise zone; and
719-2 (2) at least 25 percent of the person's new employees
719-3 in the enterprise zone are:
719-4 (A) residents of any enterprise zone in the
719-5 jurisdiction of the governing body of the enterprise zone; or
719-6 (B) economically disadvantaged individuals.
719-7 (b) The governing body of an enterprise zone may certify a
719-8 franchise or subsidiary of a new or existing business as a
719-9 qualified business if the franchise or subsidiary:
719-10 (1) is located entirely in the enterprise zone; and
719-11 (2) maintains separate books and records of the
719-12 business activity conducted in the zone.
719-13 (c) For the purposes of this section, an economically
719-14 disadvantaged individual is an individual who:
719-15 (1) was unemployed for at least three months before
719-16 obtaining employment with the qualified business;
719-17 (2) receives public assistance benefits, including
719-18 welfare payments or food stamps, based on need and intended to
719-19 alleviate poverty;
719-20 (3) is an economically disadvantaged individual, as
719-21 defined by Section 4(8), Job Training Partnership Act (29 U.S.C.
719-22 Section 1503(8));
719-23 (4) is an individual with handicaps, as defined by 29
719-24 U.S.C. Section 706(8);
719-25 (5) is an inmate, as defined by Section 498.001;
719-26 (6) is entering the workplace after being confined in
719-27 a unit of the institutional division of the Texas Department of
720-1 Criminal Justice or a correctional facility authorized by Chapter
720-2 495; or
720-3 (7) meets the current low income or moderate income
720-4 limits developed under Section 8, United States Housing Act of 1937
720-5 (42 U.S.C. Section 1437f et seq.). (V.A.C.S. Art. 5190.7,
720-6 Secs. 3(a)(5) and (11), (c).)
720-7 Sec. 2303.402. PROHIBITION ON QUALIFIED BUSINESS
720-8 CERTIFICATION. If the department determines that the governing
720-9 body of an enterprise zone is not complying with this chapter, the
720-10 department shall prohibit the certification of a qualified business
720-11 in the zone until the department determines that the governing body
720-12 is complying with this chapter. (V.A.C.S. Art. 5190.7,
720-13 Sec. 8(h).)
720-14 Sec. 2303.403. ENTERPRISE PROJECT DESIGNATION. (a) After
720-15 August 31, 1993, the department may not designate a business as an
720-16 enterprise project. The department's designation of a qualified
720-17 business as an enterprise project before that date is effective
720-18 until the fifth anniversary of the date on which the designation is
720-19 made.
720-20 (b) The department may remove an enterprise project
720-21 designation if it determines that the business is not complying
720-22 with a requirement for its designation. (V.A.C.S. Art. 5190.7,
720-23 Secs. 3(a)(6), 10(e), (g), (k) (part).)
720-24 (Sections 2303.404-2303.500 reserved for expansion)
720-25 SUBCHAPTER G. ENTERPRISE ZONE BENEFITS
720-26 Sec. 2303.501. EXEMPTIONS FROM STATE REGULATION; SUSPENSION
720-27 OF LOCAL REGULATION. (a) A state agency may exempt from its
721-1 regulation a qualified business, qualified employee, qualified
721-2 property, or neighborhood enterprise association in an enterprise
721-3 zone if the exemption is consistent with:
721-4 (1) the purposes of this chapter; and
721-5 (2) the protection and promotion of the general health
721-6 and welfare.
721-7 (b) A local government may suspend local regulation,
721-8 including an ordinance, rule, or standard, relating to zoning,
721-9 licensing, or building codes in an enterprise zone.
721-10 (c) An exemption from or suspension of regulation under this
721-11 section must be adopted in the same manner that the regulation was
721-12 adopted.
721-13 (d) The authorization provided by Subsection (a) or (b) does
721-14 not apply to regulation:
721-15 (1) that relates to:
721-16 (A) civil rights;
721-17 (B) equal employment;
721-18 (C) equal opportunity;
721-19 (D) fair housing rights; or
721-20 (E) preservation of historical sites or
721-21 historical artifacts;
721-22 (2) the relaxation of which is likely to harm the
721-23 public safety or public health, including environmental health; or
721-24 (3) that is specifically imposed by law.
721-25 (e) For the purposes of this section, property is classified
721-26 as qualified property if the property is:
721-27 (1) tangible personal property located in the
722-1 enterprise zone that was:
722-2 (A) acquired by a taxpayer not earlier than the
722-3 90th day before the date on which the area was designated as an
722-4 enterprise zone; and
722-5 (B) used predominately by the taxpayer in the
722-6 active conduct of a trade or business;
722-7 (2) real property located in the enterprise zone that
722-8 was:
722-9 (A) acquired by a taxpayer not earlier than the
722-10 90th day before the date on which the area was designated as an
722-11 enterprise zone and was used predominately by the taxpayer in the
722-12 active conduct of a trade or business; or
722-13 (B) the principal residence of the taxpayer on
722-14 the date of the sale or exchange; or
722-15 (3) an interest in an entity that was certified as a
722-16 qualified business under Section 2303.401 for the entity's most
722-17 recent tax year ending before the date of the sale or exchange.
722-18 (V.A.C.S. Art. 5190.7, Secs. 3(a)(13), 15(a), (c), (d).)
722-19 Sec. 2303.502. REVIEW OF STATE AGENCY RULES; REPORT. (a) A
722-20 state agency rule adopted after September 1, 1987, may provide,
722-21 when applicable, encouragements and incentives to increase:
722-22 (1) the renovation, improvement, or new construction
722-23 of housing in enterprise zones; and
722-24 (2) the economic viability and profitability of
722-25 business and commerce in enterprise zones.
722-26 (b) Annually each state agency shall:
722-27 (1) review the rules it administers that:
723-1 (A) may adversely affect:
723-2 (i) the renovation, improvement, or new
723-3 construction of housing in enterprise zones; or
723-4 (ii) the economic viability and
723-5 profitability of business and commerce in enterprise zones; or
723-6 (B) may otherwise affect the implementation of
723-7 this chapter; and
723-8 (2) report the results of the review to the
723-9 department.
723-10 (c) The department shall disseminate the reports to the
723-11 governing bodies of enterprise zones and others as necessary to
723-12 advance the purposes of this chapter.
723-13 (d) To contribute to the implementation of this chapter, an
723-14 agency may waive, modify, provide exemptions to, or otherwise
723-15 minimize the adverse effects of the rules it administers on the
723-16 renovation, improvement, or new construction of housing in
723-17 enterprise zones or on the economic viability and profitability of
723-18 business and commerce in enterprise zones. (V.A.C.S. Art. 5190.7,
723-19 Sec. 15(e).)
723-20 Sec. 2303.503. STATE PREFERENCES. (a) A state agency shall
723-21 give preference to the governing body of an enterprise zone or a
723-22 qualified business or qualified employee located in an enterprise
723-23 zone over other eligible applicants for grants or loans that are
723-24 administered by the state agency if:
723-25 (1) at least 50 percent of the grant or loan will be
723-26 spent for the direct benefit of the enterprise zone; and
723-27 (2) the purpose of the grant or loan is to:
724-1 (A) promote economic development in the
724-2 community; or
724-3 (B) construct, improve, extend, repair, or
724-4 maintain public facilities in the community.
724-5 (b) The state treasurer may and is encouraged to deposit
724-6 state money in financial institutions located or doing business in
724-7 enterprise zones.
724-8 (c) A state agency may and is encouraged to contract with
724-9 businesses located in enterprise zones.
724-10 (d) The department may give preference to enterprise zones
724-11 in granting economic development money or other benefits.
724-12 (V.A.C.S. Art. 5190.7, Sec. 18.)
724-13 Sec. 2303.504. STATE TAX REFUNDS AND DEDUCTION; REPORT. (a)
724-14 An enterprise project is entitled to:
724-15 (1) a refund of state taxes under Section 151.429, Tax
724-16 Code; and
724-17 (2) a deduction from taxable capital under Section
724-18 171.1015, Tax Code.
724-19 (b) A qualified business is entitled to a refund of state
724-20 taxes under Sections 151.431 and 171.501, Tax Code.
724-21 (c) Not later than the 60th day after the last day of each
724-22 fiscal year, the comptroller shall report to the department the
724-23 statewide total of the tax refunds made under this section during
724-24 that fiscal year. (V.A.C.S. Art. 5190.7, Secs. 9(b), 17.)
724-25 Sec. 2303.505. LOCAL SALES AND USE TAX REFUNDS. (a) To
724-26 encourage the development of areas designated as enterprise zones,
724-27 the governing body of a municipality through a program may refund
725-1 its local sales and use taxes paid by a qualified business on:
725-2 (1) the purchase, lease, or rental of equipment or
725-3 machinery for use in an enterprise zone; or
725-4 (2) the purchase of material for use in remodeling,
725-5 rehabilitating, or constructing a structure in an enterprise zone.
725-6 (b) To promote the public health, safety, or welfare, the
725-7 governing body of a municipality or county through a program may
725-8 refund its local sales and use taxes paid by a qualified business
725-9 or qualified employee.
725-10 (c) The governing body of a municipality or county that is
725-11 the governing body of an enterprise zone may provide for the
725-12 partial or total refund of its local sales and use taxes paid by a
725-13 person making a taxable purchase, lease, or rental for development
725-14 or revitalization in the zone.
725-15 (d) A person entitled to a refund of local sales and use
725-16 taxes under this section shall pay the entire amount of state and
725-17 local sales and use taxes at the time the taxes would be due if an
725-18 agreement for the refund did not exist.
725-19 (e) An agreement to refund local sales and use taxes under
725-20 this section must:
725-21 (1) be written;
725-22 (2) contain an expiration date; and
725-23 (3) require that the person entitled to the refund
725-24 provide to the municipality or county making the refund the
725-25 documentation necessary to support a refund claim.
725-26 (f) The municipality or county shall make the refund
725-27 directly to the person entitled to the refund in the manner
726-1 provided by the agreement. (V.A.C.S. Art. 5190.7, Sec. 12.)
726-2 Sec. 2303.506. REDUCTION OR ELIMINATION OF LOCAL FEES OR
726-3 TAXES. (a) To promote the public health, safety, or welfare, the
726-4 governing body of a municipality or county through a program may
726-5 reduce or eliminate fees or taxes that it imposes on a qualified
726-6 business or qualified employee.
726-7 (b) This section does not apply to sales and use taxes or
726-8 property taxes. (V.A.C.S. Art. 5190.7, Sec. 13 (part).)
726-9 Sec. 2303.507. TAX INCREMENT FINANCING AND ABATEMENT.
726-10 Designation of an area as an enterprise zone is also designation of
726-11 the area as a reinvestment zone for:
726-12 (1) tax increment financing under Chapter 311, Tax
726-13 Code; and
726-14 (2) tax abatement under Chapter 312, Tax Code.
726-15 (V.A.C.S. Art. 5190.7, Sec. 11.)
726-16 Sec. 2303.508. TAX EXEMPTION FOR NEIGHBORHOOD ENTERPRISE
726-17 ASSOCIATION. A neighborhood enterprise association is exempt from
726-18 state and local taxes during the period of the designation of the
726-19 enterprise zone in which it is located. The exemption applies to
726-20 tax arrearages and other back assessments on property leased under
726-21 Section 2303.512. (V.A.C.S. Art. 5190.7, Sec. 21(q).)
726-22 Sec. 2303.509. DEVELOPMENT BONDS. To finance a project in
726-23 an enterprise zone, bonds may be issued under:
726-24 (1) the Act for Development of Employment, Industrial
726-25 and Health Resources of 1971 (Article 5190.1, Vernon's Texas Civil
726-26 Statutes); or
726-27 (2) the Development Corporation Act of 1979 (Article
727-1 5190.6, Vernon's Texas Civil Statutes). (V.A.C.S. Art. 5190.7,
727-2 Sec. 19.)
727-3 Sec. 2303.510. INDUSTRIAL DEVELOPMENT CORPORATION. (a) The
727-4 governing body of a municipality that is the governing body of an
727-5 enterprise zone may create, in accordance with the Development
727-6 Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
727-7 Statutes), an industrial development corporation for use by the
727-8 enterprise zone.
727-9 (b) A corporation created under this section has the powers
727-10 and is subject to the limitations of a corporation created under
727-11 the Development Corporation Act of 1979. To the extent of a
727-12 conflict between this section and that Act, that Act prevails.
727-13 (c) The articles of incorporation of a corporation created
727-14 under this section must state that the corporation is governed by
727-15 this section.
727-16 (d) The governing body of the municipality that creates an
727-17 industrial development corporation shall appoint the board of
727-18 directors of the corporation. (V.A.C.S. Art. 5190.7, Sec. 25.)
727-19 Sec. 2303.511. OTHER LOCAL INCENTIVES. (a) The governing
727-20 body of a municipality or county that is the governing body of an
727-21 enterprise zone may:
727-22 (1) defer compliance in the zone with the subdivision
727-23 and development ordinances or rules, other than those relating to
727-24 streets and roads or sewer or water services, of the municipality
727-25 or county, as appropriate;
727-26 (2) give priority to the zone for the receipt of:
727-27 (A) urban development action grant money;
728-1 (B) community development block grant money;
728-2 (C) industrial revenue bonds; or
728-3 (D) funds received under the Texas Job-Training
728-4 Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes);
728-5 (3) adopt and implement a plan for police protection
728-6 in the zone;
728-7 (4) amend the zoning ordinances of the municipality or
728-8 county, as appropriate, to promote economic development in the
728-9 zone;
728-10 (5) establish permitting preferences for businesses in
728-11 the zone;
728-12 (6) establish simplified, accelerated, or other
728-13 special permit procedures for businesses in the zone;
728-14 (7) waive development fees for projects in the zone;
728-15 (8) create a local enterprise zone fund for funding
728-16 bonds or other programs or activities to develop or revitalize the
728-17 zone;
728-18 (9) for qualified businesses in the zone, reduce rates
728-19 charged by:
728-20 (A) a utility owned by the municipality or
728-21 county, as appropriate; or
728-22 (B) a cooperative corporation or utility owned
728-23 by private investors, subject to the requirements of Subsection
728-24 (b);
728-25 (10) in issuing housing finance bonds, give priority
728-26 to persons or projects in the zone;
728-27 (11) in providing services, give priority to local
729-1 economic development, educational, job training, or transportation
729-2 programs that benefit the zone; or
729-3 (12) sell real property owned by the municipality or
729-4 county, as appropriate, and located in the enterprise zone in
729-5 accordance with Section 2303.513.
729-6 (b) A reduction in utility rates under Subsection (a)(9)(B)
729-7 is subject to the agreement of the affected utility and the
729-8 approval of the appropriate regulatory authority under Sections 16
729-9 and 17, Public Utility Regulatory Act (Article 1446c, Vernon's
729-10 Texas Civil Statutes). The rates may not be reduced more than five
729-11 percent. In setting the rates of the utility the appropriate
729-12 regulatory authority shall allow the utility to recover the amount
729-13 of the reduction. (V.A.C.S. Art. 5190.7, Sec. 14.)
729-14 Sec. 2303.512. LEASE OF PUBLIC PROPERTY TO NEIGHBORHOOD
729-15 ENTERPRISE ASSOCIATION. (a) The state or a local government may
729-16 lease to a neighborhood enterprise association real property
729-17 located in the association's geographical neighborhood area that is
729-18 owned by the governmental entity and that is not being used by the
729-19 entity.
729-20 (b) The lease must be for a term of not less than 20 years
729-21 and the full amount of the rental fees under the lease may not
729-22 exceed $1 a year.
729-23 (c) The state or local government shall renew the lease on
729-24 its expiration if the association has continuously complied with
729-25 Subchapter E during the lease term. (V.A.C.S. Art. 5190.7, Sec.
729-26 21(p).)
729-27 Sec. 2303.513. DISPOSITION OF PUBLIC PROPERTY IN ENTERPRISE
730-1 ZONE. (a) After an area is designated as an enterprise zone, the
730-2 state, a municipality, or a county that owns a surplus building or
730-3 vacant land in the zone may dispose of the building or land by:
730-4 (1) selling the building or land at a public auction;
730-5 (2) selling the land to a neighborhood enterprise
730-6 association; or
730-7 (3) establishing an urban homestead program described
730-8 by Subsection (c).
730-9 (b) A municipality or county may sell a surplus building or
730-10 vacant land in the enterprise zone at less than fair market value
730-11 if the governing body of the municipality or county by ordinance or
730-12 order, as appropriate, adopts criteria that specify the conditions
730-13 and circumstances under which the sale may occur and the public
730-14 purpose to be achieved by the sale. The building or land may be
730-15 sold to a buyer who is not the highest bidder if the criteria and
730-16 public purpose specified in the ordinance or order are satisfied.
730-17 A copy of the ordinance or order must be filed with the department
730-18 not later than the day on which the sale occurs.
730-19 (c) An urban homestead program must provide that:
730-20 (1) the state, municipality, or county is to sell to
730-21 an individual a residence or part of a residence that it owns for
730-22 an amount not to exceed $100;
730-23 (2) as a condition of the sale, the individual must
730-24 agree to live in the residence for at least seven years and to
730-25 renovate or remodel the residence to meet the level of maintenance
730-26 stated in an agreement between the individual and the governmental
730-27 entity; and
731-1 (3) after the individual satisfies the seven-year
731-2 residency and property improvement requirements of the agreement,
731-3 the governmental entity shall assign the residence to the
731-4 individual. (V.A.C.S. Art. 5190.7, Sec. 20.)
731-5 Sec. 2303.514. WAIVER OF PERFORMANCE BOND. A prime
731-6 contractor is not required to execute a performance bond under
731-7 Chapter 2253 if:
731-8 (1) the construction, alteration, repair, or other
731-9 public work to be performed under the contract is entirely in an
731-10 enterprise zone; and
731-11 (2) the amount of the contract does not exceed
731-12 $200,000. (V.A.C.S. Art. 5190.7, Sec. 16.)
731-13 Sec. 2303.515. LIABILITY OF CONTRACTOR OR ARCHITECT. A
731-14 contractor or architect who constructs or rehabilitates a building
731-15 in an enterprise zone is liable for any structural defect in the
731-16 building only for the period ending on the 10th anniversary of the
731-17 date on which beneficial occupancy of the building begins after the
731-18 construction or rehabilitation, notwithstanding a statute of
731-19 limitations to the contrary. (V.A.C.S. Art. 5190.7, Sec. 15(b).)
731-20 CHAPTER 2304. HOUSING REHABILITATION
731-21 SUBCHAPTER A. GENERAL PROVISIONS
731-22 Sec. 2304.001. SHORT TITLE
731-23 Sec. 2304.002. PURPOSES
731-24 Sec. 2304.003. DEFINITIONS
731-25 Sec. 2304.004. GENERAL POWERS OF DEPARTMENT
731-26 Sec. 2304.005. AUTHORITY OF DEPARTMENT TO ADOPT MINIMUM
731-27 HOUSING CODE STANDARDS
732-1 Sec. 2304.006. LIMITATION ON CONSTRUCTION OF HOUSING OR
732-2 ACQUISITION OF PROPERTY BY DEPARTMENT
732-3 Sec. 2304.007. PROHIBITION ON BORROWING, INCURRING
732-4 OBLIGATIONS, OR PLEDGING CREDIT
732-5 Sec. 2304.008. ALLOCATION OF AVAILABLE LOAN FUNDS
732-6 Sec. 2304.009. RELATIONSHIP OF DEPARTMENT AND
732-7 LOCAL GOVERNMENTS
732-8 Sec. 2304.010. DESIGNATION OF LOCAL AGENCY BY
732-9 LOCAL GOVERNMENT
732-10 Sec. 2304.011. EDUCATION PROGRAM CONDUCTED BY
732-11 LOCAL GOVERNMENT
732-12 (Sections 2304.012-2304.020 reserved for expansion)
732-13 SUBCHAPTER B. HOUSING REHABILITATION LOAN FUND
732-14 Sec. 2304.021. FUND
732-15 Sec. 2304.022. DEPOSITS TO FUND
732-16 Sec. 2304.023. PURPOSES OF FUND
732-17 Sec. 2304.024. INVESTMENT AND DISBURSEMENT OF FUND
732-18 (Sections 2304.025-2304.040 reserved for expansion)
732-19 SUBCHAPTER C. HOUSING REHABILITATION AREA PLAN
732-20 Sec. 2304.041. DESIGNATION OF AREA AND PREPARATION
732-21 OF PLAN
732-22 Sec. 2304.042. CONTENTS OF AREA PLAN
732-23 Sec. 2304.043. APPROVAL OF AREA PLAN
732-24 Sec. 2304.044. REJECTION OF AREA PLAN
732-25 (Sections 2304.045-2304.060 reserved for expansion)
732-26 SUBCHAPTER D. HOUSING REHABILITATION LOANS
732-27 Sec. 2304.061. PRIMARY USE FOR LOAN
733-1 Sec. 2304.062. DEPARTMENT LOAN RULES
733-2 Sec. 2304.063. LOAN APPLICATION
733-3 Sec. 2304.064. LOCAL GOVERNMENT APPROVAL OF LOAN
733-4 Sec. 2304.065. DEPARTMENT APPROVAL
733-5 Sec. 2304.066. DISBURSEMENT OF LOAN FUNDS
733-6 Sec. 2304.067. LIMIT ON AMOUNT OF LOAN
733-7 Sec. 2304.068. ADMINISTRATIVE CHARGE IMPOSED BY LOCAL
733-8 GOVERNMENT
733-9 Sec. 2304.069. INTEREST RATE
733-10 Sec. 2304.070. TERM OF LOAN
733-11 Sec. 2304.071. INSTALLMENT PAYMENTS
733-12 Sec. 2304.072. LOAN TO BE SECURED
733-13 Sec. 2304.073. OTHER LOAN CONDITIONS
733-14 Sec. 2304.074. ADJUSTMENTS IF BORROWER UNABLE
733-15 TO REPAY LOAN
733-16 Sec. 2304.075. DISPOSITION OR ENCUMBRANCE OF PROPERTY BY
733-17 BORROWER
733-18 Sec. 2304.076. CONDITIONS UNDER WHICH LOAN BECOMES IMMEDIATELY
733-19 DUE
733-20 Sec. 2304.077. ACQUISITION OF PROPERTY TO PROTECT LOAN
733-21 Sec. 2304.078. ACQUISITION OF PROPERTY TO ENFORCE LIEN
733-22 Sec. 2304.079. PUBLIC SALE OR AUCTION OF ACQUIRED PROPERTY
733-23 Sec. 2304.080. PRIVATE SALE
733-24 Sec. 2304.081. CONTRACT FOR SERVICING LOAN
733-25 Sec. 2304.082. AUDIT OF LOANS
733-26 (Sections 2304.083-2304.100 reserved for expansion)
733-27 SUBCHAPTER E. HOUSING REHABILITATION CONTRACTS
734-1 Sec. 2304.101. STANDARDS FOR CONTRACTORS AND CONTRACTS
734-2 Sec. 2304.102. LOCAL GOVERNMENT APPROVAL AND SUPERVISION
734-3 OF CONTRACT
734-4 Sec. 2304.103. ADVERTISING REQUIREMENT FOR CERTAIN
734-5 CONTRACTS
734-6 Sec. 2304.104. PERFORMANCE AND PAYMENT BONDS
734-7 CHAPTER 2304. HOUSING REHABILITATION
734-8 SUBCHAPTER A. GENERAL PROVISIONS
734-9 Sec. 2304.001. SHORT TITLE. This chapter may be cited as
734-10 the Texas Housing Rehabilitation Act. (V.A.C.S. Art. 1269l-5,
734-11 Sec. 1.)
734-12 Sec. 2304.002. PURPOSES. (a) The purposes of this chapter
734-13 are to provide a means by which the deterioration of housing and
734-14 the decline of residential areas throughout the state can be
734-15 arrested and prevented.
734-16 (b) The purposes of this chapter are public purposes for
734-17 which money may be borrowed, loaned, and spent. (V.A.C.S. Art.
734-18 1269l-5, Sec. 3.)
734-19 Sec. 2304.003. DEFINITIONS. In this chapter:
734-20 (1) "Borrower" means a household whose application for
734-21 a housing rehabilitation loan is approved under this chapter by a
734-22 local government.
734-23 (2) "Department" means the Texas Department of Housing
734-24 and Community Affairs.
734-25 (3) "Fund" means the Texas housing rehabilitation loan
734-26 fund.
734-27 (4) "Household" means one or more persons owning
735-1 housing.
735-2 (5) "Housing" means a structure that is on a permanent
735-3 foundation and that consists of one to four family units used only
735-4 for residential purposes.
735-5 (6) "Housing rehabilitation" means the repair,
735-6 renovation, or other improvement of housing to make the housing
735-7 decent, safe, sanitary, and more habitable.
735-8 (7) "Housing rehabilitation loan" means a loan made
735-9 under this chapter.
735-10 (8) "Local agency" means a:
735-11 (A) nonprofit organization whose principal
735-12 purpose is to improve housing conditions; or
735-13 (B) local housing authority, urban renewal
735-14 agency, or other public entity.
735-15 (9) "Local government" means a county or municipality.
735-16 (V.A.C.S. Art. 1269l-5, Secs. 4(1), (2), (4), (5) (part), and
735-17 (6)-(9).)
735-18 Sec. 2304.004. GENERAL POWERS OF DEPARTMENT. (a) The
735-19 department has the powers necessary or appropriate to carry out the
735-20 purposes of this chapter.
735-21 (b) The department may:
735-22 (1) make an agreement with any other person in
735-23 carrying out its powers or duties under this chapter;
735-24 (2) spend funds appropriated to it by the legislature
735-25 to pay for staff, travel expenses, supplies or equipment, or
735-26 contracts for services necessary to carry out its powers or duties
735-27 under this chapter; or
736-1 (3) seek and accept funds from any source. (V.A.C.S.
736-2 Art. 1269l-5, Sec. 7 (part).)
736-3 Sec. 2304.005. AUTHORITY OF DEPARTMENT TO ADOPT MINIMUM
736-4 HOUSING CODE STANDARDS. The department shall adopt the minimum
736-5 housing, building, fire, and related code standards that apply in
736-6 designated areas for which a housing rehabilitation plan is
736-7 approved by the department and for which local government standards
736-8 are not in effect. (V.A.C.S. Art. 1269l-5, Sec. 9(d).)
736-9 Sec. 2304.006. LIMITATION ON CONSTRUCTION OF HOUSING OR
736-10 ACQUISITION OF PROPERTY BY DEPARTMENT. (a) The department may not
736-11 construct housing.
736-12 (b) The department may not acquire housing except to enforce
736-13 a lien under Subchapter D. (V.A.C.S. Art. 1269l-5, Sec. 8(a)
736-14 (part).)
736-15 Sec. 2304.007. PROHIBITION ON BORROWING, INCURRING
736-16 OBLIGATIONS, OR PLEDGING CREDIT. The department may not borrow
736-17 money, incur monetary obligations, or pledge in any manner the
736-18 credit or taxing power of the state or a political subdivision of
736-19 the state. (V.A.C.S. Art. 1269l-5, Sec. 15.)
736-20 Sec. 2304.008. ALLOCATION OF AVAILABLE LOAN FUNDS. If the
736-21 amount of housing rehabilitation loans anticipated to be made in a
736-22 fiscal year exceeds the estimated available funds for that year,
736-23 the department shall allocate the estimated available funds for
736-24 that year among the local governments that have filed housing
736-25 rehabilitation area plans with the department. In allocating the
736-26 available funds, the department shall take into account the
736-27 probable amount of housing rehabilitation loans to be made by each
737-1 local government. (V.A.C.S. Art. 1269l-5, Sec. 10(b).)
737-2 Sec. 2304.009. RELATIONSHIP OF DEPARTMENT AND LOCAL
737-3 GOVERNMENTS. (a) The department shall adopt standards and
737-4 procedures for the administration of this chapter by a local
737-5 government or local agency.
737-6 (b) The department may provide technical assistance to a
737-7 local government. (V.A.C.S. Art. 1269l-5, Secs. 7 (part), 9(b)
737-8 (part).)
737-9 Sec. 2304.010. DESIGNATION OF LOCAL AGENCY BY LOCAL
737-10 GOVERNMENT. The governing body of a local government may designate
737-11 one or more local agencies to exercise a power or duty of the local
737-12 government under this chapter. The governing body may withdraw the
737-13 delegated power or duty at any time. (V.A.C.S. Art. 1269l-5, Sec.
737-14 12(e).)
737-15 Sec. 2304.011. EDUCATION PROGRAM CONDUCTED BY LOCAL
737-16 GOVERNMENT. A local government engaged in housing rehabilitation
737-17 under this chapter shall conduct a general education program to
737-18 inform residents in designated areas of methods for maintaining
737-19 their housing and of the availability of housing rehabilitation
737-20 loans. (V.A.C.S. Art. 1269l-5, Sec. 12(f).)
737-21 (Sections 2304.012-2304.020 reserved for expansion)
737-22 SUBCHAPTER B. HOUSING REHABILITATION LOAN FUND
737-23 Sec. 2304.021. FUND. (a) The Texas housing rehabilitation
737-24 loan fund is in the state treasury.
737-25 (b) The department may designate separate accounts in the
737-26 fund and the purposes of the accounts. (V.A.C.S. Art. 1269l-5,
737-27 Secs. 5(a) (part), (b) (part).)
738-1 Sec. 2304.022. DEPOSITS TO FUND. The following money shall
738-2 be credited to the fund:
738-3 (1) money appropriated by the legislature for housing
738-4 rehabilitation loans;
738-5 (2) money received from other sources for the purpose
738-6 of making housing rehabilitation loans;
738-7 (3) money received from borrowers as payments on their
738-8 housing rehabilitation loans;
738-9 (4) income from the transfer of interests in property
738-10 acquired in connection with housing rehabilitation loans; and
738-11 (5) interest earned on deposits and investments of the
738-12 fund. (V.A.C.S. Art. 1269l-5, Sec. 5(a) (part).)
738-13 Sec. 2304.023. PURPOSES OF FUND. The fund may be used only
738-14 for:
738-15 (1) financing housing rehabilitation loans, including
738-16 the administrative charge imposed under Section 2304.068 by a local
738-17 government; and
738-18 (2) paying the expenses incurred by the department in
738-19 connection with the acquisition or disposition of real property
738-20 under this chapter. (V.A.C.S. Art. 1269l-5, Sec. 5(c).)
738-21 Sec. 2304.024. INVESTMENT AND DISBURSEMENT OF FUND. The
738-22 state treasurer shall invest and disburse the money credited to the
738-23 fund on the written authorization of the executive director of the
738-24 department. (V.A.C.S. Art. 1269l-5, Sec. 5(b) (part).)
738-25 (Sections 2304.025-2304.040 reserved for expansion)
738-26 SUBCHAPTER C. HOUSING REHABILITATION AREA PLAN
738-27 Sec. 2304.041. DESIGNATION OF AREA AND PREPARATION OF PLAN.
739-1 (a) A local government may allow households in a specific area
739-2 within its boundaries to apply for housing rehabilitation loans by:
739-3 (1) designating the specific area; and
739-4 (2) preparing a housing rehabilitation plan for the
739-5 designated area.
739-6 (b) A local government may designate more than one area
739-7 within its boundaries.
739-8 (c) The designation of an area must be made in accordance
739-9 with the standards established by the department. The area plan
739-10 must be in the form prescribed by the department. (V.A.C.S. Art.
739-11 1269l-5, Secs. 4(5) (part), 6(a).)
739-12 Sec. 2304.042. CONTENTS OF AREA PLAN. A housing
739-13 rehabilitation area plan must contain relevant information about
739-14 the area, including:
739-15 (1) a description of the physical, social, and
739-16 economic characteristics of the area;
739-17 (2) a description of the housing conditions in the
739-18 area;
739-19 (3) an assessment of the need for housing
739-20 rehabilitation loans in the area, including:
739-21 (A) the number and characteristics of households
739-22 in the area; and
739-23 (B) the average and total loan amounts needed;
739-24 (4) a description of the methods by which the local
739-25 government preparing the plan will determine whether the
739-26 rehabilitation of housing in the area is economically feasible;
739-27 (5) a description of the methods by which:
740-1 (A) rehabilitation work will be supervised; and
740-2 (B) compliance with departmental regulations
740-3 governing materials, fixtures, and rehabilitation contracts will be
740-4 ensured;
740-5 (6) a description of the methods and procedures that
740-6 will be used to enforce:
740-7 (A) local housing, building, fire, and related
740-8 codes; or
740-9 (B) the standards adopted by the department
740-10 under Section 2304.005, if codes of those types have not been
740-11 enacted;
740-12 (7) an assessment of the need for additional public
740-13 improvements and public services in the area and a description of
740-14 the specific means by which the improvements and services will be
740-15 provided; and
740-16 (8) a description of the methods by which private
740-17 investment to improve conditions in the area will be encouraged.
740-18 (V.A.C.S. Art. 1269l-5, Sec. 6(b).)
740-19 Sec. 2304.043. APPROVAL OF AREA PLAN. (a) A local
740-20 government's area plan must be approved by resolution or order of
740-21 the governing body of the local government and must be submitted to
740-22 the department for review.
740-23 (b) The department shall approve the plan if the area meets
740-24 the standards established by the department and if the plan
740-25 contains the required information. (V.A.C.S. Art. 1269l-5, Sec.
740-26 6(c) (part).)
740-27 Sec. 2304.044. REJECTION OF AREA PLAN. (a) The department
741-1 shall return a housing rehabilitation area plan to the local
741-2 government submitting it if the area for which the plan is prepared
741-3 does not meet the department's standards or if the plan does not
741-4 contain the required information. The department shall include
741-5 with the returned plan a list of deficiencies.
741-6 (b) An area plan may be corrected and resubmitted for
741-7 approval by the department. (V.A.C.S. Art. 1269l-5, Sec. 6(c)
741-8 (part).)
741-9 (Sections 2304.045-2304.060 reserved for expansion)
741-10 SUBCHAPTER D. HOUSING REHABILITATION LOANS
741-11 Sec. 2304.061. PRIMARY USE FOR LOAN. A housing
741-12 rehabilitation loan must be used primarily to make housing comply
741-13 with applicable state, county, or municipal housing codes or
741-14 standards, including building, fire, health, housing maintenance,
741-15 or similar codes. (V.A.C.S. Art. 1269l-5, Sec. 13(a).)
741-16 Sec. 2304.062. DEPARTMENT LOAN RULES. (a) The department
741-17 shall adopt rules governing the making and servicing of a housing
741-18 rehabilitation loan and the foreclosure of a loan in default. The
741-19 rules must include:
741-20 (1) the requirement that a housing rehabilitation loan
741-21 be evidenced by a promissory note payable to the state and be
741-22 secured by a lien on real property in the state; and
741-23 (2) the standards under which a household in an area
741-24 designated by a local government may qualify for a housing
741-25 rehabilitation loan.
741-26 (b) In adopting the standards under Subsection (a)(2), the
741-27 department shall take into account:
742-1 (1) household gross income;
742-2 (2) household income available for housing needs;
742-3 (3) household size;
742-4 (4) the value and condition of the housing to be
742-5 rehabilitated; and
742-6 (5) the ability of households to compete successfully
742-7 in the private housing market and to pay for sanitary, decent, and
742-8 safe housing in that market. (V.A.C.S. Art. 1269l-5, Secs. 9(a),
742-9 (b) (part); 11(a) (part).)
742-10 Sec. 2304.063. LOAN APPLICATION. A household may apply to
742-11 the local government in which the household's housing is located
742-12 for a housing rehabilitation loan if the housing is located in a
742-13 designated area for which an area plan has been approved by the
742-14 department. (V.A.C.S. Art. 1269l-5, Sec. 6(c) (part).)
742-15 Sec. 2304.064. LOCAL GOVERNMENT APPROVAL OF LOAN. (a) A
742-16 local government may approve or disapprove a housing rehabilitation
742-17 loan application authorized by Section 2304.063. The approval or
742-18 disapproval must be given in accordance with the rules adopted by
742-19 the department under Section 2304.062.
742-20 (b) The local government shall notify the department of the
742-21 approval of a loan application and the amount of the approved loan.
742-22 (V.A.C.S. Art. 1269l-5, Secs. 11(a) (part), 12(a).)
742-23 Sec. 2304.065. DEPARTMENT APPROVAL. The department may not
742-24 approve a housing rehabilitation loan unless it finds that:
742-25 (1) the benefit to an area designated under Section
742-26 2304.041 will exceed the financial commitment of the department;
742-27 and
743-1 (2) the approval of the loan will be of benefit to the
743-2 state and its taxpayers. (V.A.C.S. Art. 1269l-5, Sec. 11(b).)
743-3 Sec. 2304.066. DISBURSEMENT OF LOAN FUNDS. (a) The
743-4 executive director of the department shall authorize the state
743-5 treasurer to disburse to a local government from the housing
743-6 rehabilitation loan fund the amount of a housing rehabilitation
743-7 loan approved by the local government under this chapter if the
743-8 department receives from the local government a notice of the local
743-9 government's approval of the loan.
743-10 (b) The executive director may not authorize the
743-11 disbursement of funds for a housing rehabilitation loan if:
743-12 (1) the department finds that the local government
743-13 that approved the loan is not making a good faith effort to
743-14 substantially comply with the applicable housing rehabilitation
743-15 area plan or the rules adopted by the department; or
743-16 (2) the remaining part of the fund allocated to the
743-17 local government under Section 2304.008 is insufficient to allow
743-18 the payment of the approved amount. (V.A.C.S. Art. 1269l-5, Sec.
743-19 10(c).)
743-20 Sec. 2304.067. LIMIT ON AMOUNT OF LOAN. The amount of a
743-21 housing rehabilitation loan may not exceed:
743-22 (1) the amount determined by subtracting the amount of
743-23 all other outstanding indebtedness secured by the property covered
743-24 by the loan from the market value of the rehabilitated property as
743-25 determined by the local government approving the loan; or
743-26 (2) the amount determined by adding the amount of the
743-27 housing rehabilitation contract made and approved under Subchapter
744-1 E for the property to the amount of the administrative charge
744-2 imposed under Section 2304.068 in connection with the loan.
744-3 (V.A.C.S. Art. 1269l-5, Secs. 4(3), 13(b).)
744-4 Sec. 2304.068. ADMINISTRATIVE CHARGE IMPOSED BY LOCAL
744-5 GOVERNMENT. (a) A local government may impose a charge to cover
744-6 its administrative expenses incurred in connection with a housing
744-7 rehabilitation loan made by the local government.
744-8 (b) The local government may deduct the charge from the
744-9 amount loaned.
744-10 (c) The charge may not exceed three percent of the amount of
744-11 the contract for housing rehabilitation the borrower makes with a
744-12 contractor. (V.A.C.S. Art. 1269l-5, Secs. 4(3), 12(c).)
744-13 Sec. 2304.069. INTEREST RATE. (a) The department shall set
744-14 the minimum and maximum interest rates for housing rehabilitation
744-15 loans.
744-16 (b) A local government shall set the interest rate for a
744-17 housing rehabilitation loan it approves under this chapter. The
744-18 rate must be within the minimum and maximum rates set by the
744-19 department. (V.A.C.S. Art. 1269l-5, Secs. 9(c), 12(b) (part).)
744-20 Sec. 2304.070. TERM OF LOAN. A local government shall set
744-21 the term of a housing rehabilitation loan it approves under this
744-22 chapter. The term may not exceed 20 years. (V.A.C.S. Art.
744-23 1269l-5, Secs. 12(b) (part), 13(c) (part).)
744-24 Sec. 2304.071. INSTALLMENT PAYMENTS. A housing
744-25 rehabilitation loan must be repaid in installments. (V.A.C.S. Art.
744-26 1269l-5, Sec. 13(c) (part).)
744-27 Sec. 2304.072. LOAN TO BE SECURED. A housing rehabilitation
745-1 loan must be secured as required by this chapter and the rules
745-2 adopted under this chapter. (V.A.C.S. Art. 1269l-5, Sec. 13(c)
745-3 (part).)
745-4 Sec. 2304.073. OTHER LOAN CONDITIONS. For a housing
745-5 rehabilitation loan a local government approves under this chapter,
745-6 the local government shall establish other necessary conditions
745-7 relating to the repayment of the loan according to this chapter and
745-8 the regulations of the department. (V.A.C.S. Art. 1269l-5, Sec.
745-9 12(b) (part).)
745-10 Sec. 2304.074. ADJUSTMENTS IF BORROWER UNABLE TO REPAY LOAN.
745-11 A local government may allow for the deferment of payments or may
745-12 adjust the interest rate or term of a housing rehabilitation loan
745-13 approved by the local government if the borrower is unable to make
745-14 the required payments. (V.A.C.S. Art. 1269l-5, Sec. 13(c) (part).)
745-15 Sec. 2304.075. DISPOSITION OR ENCUMBRANCE OF PROPERTY BY
745-16 BORROWER. The department may adopt regulations governing the
745-17 disposition or further encumbrance by the borrower of property
745-18 subject to a lien that secures a housing rehabilitation loan.
745-19 (V.A.C.S. Art. 1269l-5, Sec. 7 (part).)
745-20 Sec. 2304.076. CONDITIONS UNDER WHICH LOAN BECOMES
745-21 IMMEDIATELY DUE. (a) A borrower must agree that if the borrower
745-22 voluntarily destroys, moves from, or relinquishes ownership of the
745-23 rehabilitated housing on or before the first anniversary of the
745-24 date the rehabilitation is completed:
745-25 (1) the borrower's housing rehabilitation loan becomes
745-26 immediately due and payable; and
745-27 (2) an interest surcharge is added sufficient to make
746-1 the total interest paid equal an amount determined by the
746-2 prevailing interest rates for rehabilitation loans from private
746-3 sources at the time of the sale.
746-4 (b) The local government that approved the loan may waive
746-5 the interest surcharge if:
746-6 (1) the local government finds that the borrower must
746-7 sell the housing because of financial hardship or similar
746-8 circumstances; and
746-9 (2) the department consents to the waiver.
746-10 (c) A local government that approved a housing
746-11 rehabilitation loan may, with the consent of the department, take
746-12 the following action if the borrower dies or the borrower sells or
746-13 gives away property encumbered by the loan:
746-14 (1) declare all or part of any deferred payments due
746-15 and payable;
746-16 (2) declare the balance of the loan due and payable;
746-17 or
746-18 (3) allow a buyer, donee, or other successor in title
746-19 who qualifies under Section 2304.062 to assume the loan. (V.A.C.S.
746-20 Art. 1269l-5, Secs. 13(d), 16.)
746-21 Sec. 2304.077. ACQUISITION OF PROPERTY TO PROTECT LOAN. The
746-22 department may acquire title to any project by foreclosure if
746-23 necessary to protect a housing rehabilitation loan made for the
746-24 project by the department and to pay the costs arising from the
746-25 foreclosure. (V.A.C.S. Art. 1269l-5, Sec. 13(e).)
746-26 Sec. 2304.078. ACQUISITION OF PROPERTY TO ENFORCE LIEN. To
746-27 enforce a lien under this chapter, the department may acquire
747-1 housing by:
747-2 (1) foreclosure of a mortgage;
747-3 (2) a sale under a deed of trust; or
747-4 (3) a voluntary conveyance from a borrower in full or
747-5 partial settlement of a housing rehabilitation loan. (V.A.C.S.
747-6 Art. 1269l-5, Secs. 7 (part), 8(a) (part).)
747-7 Sec. 2304.079. PUBLIC SALE OR AUCTION OF ACQUIRED PROPERTY.
747-8 (a) If the department acquires housing in the enforcement of a
747-9 lien under this chapter, it shall within six months after the
747-10 acquisition offer the housing for public sale or auction.
747-11 (b) The department must provide notice of the public sale or
747-12 auction by having a notice published in a newspaper of general
747-13 circulation in the county in which the property is located. The
747-14 notice must be published once a week for three consecutive weeks
747-15 before the date of the sale or auction and must contain:
747-16 (1) a description of the property;
747-17 (2) a description of the procedures for submitting
747-18 competitive bids for the property; and
747-19 (3) a statement of the time and location of the sale
747-20 or auction.
747-21 (c) The department may reject any or all bids submitted for
747-22 the property. (V.A.C.S. Art. 1269l-5, Sec. 8(b).)
747-23 Sec. 2304.080. PRIVATE SALE. (a) If a sale of property
747-24 cannot be made by a public sale or auction as provided by Section
747-25 2304.079, the department may negotiate with a party for the
747-26 expeditious sale of the property. In the negotiations, the
747-27 department shall give priority to selling the property to a
748-1 purchaser who will be required to pay ad valorem taxes on the
748-2 property.
748-3 (b) If a sale to that kind of purchaser is not practicable,
748-4 the department shall attempt to sell the property to a purchaser
748-5 who is exempt from ad valorem taxes but who will make payments in
748-6 lieu of taxes on the property.
748-7 (c) If neither type of purchaser is available, the
748-8 department may sell the property to any purchaser. (V.A.C.S. Art.
748-9 1269l-5, Sec. 8(c).)
748-10 Sec. 2304.081. CONTRACT FOR SERVICING LOAN. A local
748-11 government may contract with any entity for the servicing of a
748-12 housing rehabilitation loan approved by the local government.
748-13 (V.A.C.S. Art. 1269l-5, Sec. 12(d).)
748-14 Sec. 2304.082. AUDIT OF LOANS. The department shall audit
748-15 the local administration of housing rehabilitation loans to
748-16 determine if a good faith effort is being made to comply with the
748-17 applicable housing rehabilitation plan and the rules adopted by the
748-18 department. (V.A.C.S. Art. 1269l-5, Sec. 10(a).)
748-19 (Sections 2304.083-2304.100 reserved for expansion)
748-20 SUBCHAPTER E. HOUSING REHABILITATION CONTRACTS
748-21 Sec. 2304.101. STANDARDS FOR CONTRACTORS AND CONTRACTS. The
748-22 department shall adopt standards for:
748-23 (1) the selection of contractors to perform housing
748-24 rehabilitation under this chapter;
748-25 (2) housing rehabilitation contracts between borrowers
748-26 and contractors; and
748-27 (3) materials and fixtures used in performing housing
749-1 rehabilitation under this chapter. (V.A.C.S. Art. 1269l-5, Sec.
749-2 9(b) (part).)
749-3 Sec. 2304.102. LOCAL GOVERNMENT APPROVAL AND SUPERVISION OF
749-4 CONTRACT. (a) A borrower and a contractor may not contract for
749-5 housing rehabilitation that is to be financed by a housing
749-6 rehabilitation loan unless the local government responsible for
749-7 approving the loan approves the proposed contract in accordance
749-8 with the standards adopted by the department.
749-9 (b) The local government shall supervise all work performed
749-10 under the contract. The contractor is not entitled to payment
749-11 until the work has been approved by the local government, and the
749-12 borrower is not liable to the contractor for any work not approved
749-13 by the local government. (V.A.C.S. Art. 1269l-5, Sec. 14(a).)
749-14 Sec. 2304.103. ADVERTISING REQUIREMENT FOR CERTAIN
749-15 CONTRACTS. A contract for housing rehabilitation that involves the
749-16 expenditure of more than $3,000 and that is to be financed by loan
749-17 funds applied by the department may not be made unless advertised
749-18 in the same way as a contract under Chapter 252, Local Government
749-19 Code. (V.A.C.S. Art. 1269l-5, Sec. 14(b) (part).)
749-20 Sec. 2304.104. PERFORMANCE AND PAYMENT BONDS. The
749-21 provisions of Chapter 2253 relating to performance and payment
749-22 bonds apply to a construction contract governed by this subchapter.
749-23 (V.A.C.S. Art. 1269l-5, Sec. 14(b) (part).)
749-24 CHAPTER 2305. RESTITUTION FOR OIL OVERCHARGES
749-25 SUBCHAPTER A. GENERAL PROVISIONS
749-26 Sec. 2305.001. SHORT TITLE
749-27 Sec. 2305.002. DEFINITIONS
750-1 (Sections 2305.003-2305.010 reserved for expansion)
750-2 SUBCHAPTER B. PROGRAM ADMINISTRATION
750-3 Sec. 2305.011. ADMINISTRATION BY GOVERNOR
750-4 Sec. 2305.012. STAFF; ASSISTANCE
750-5 Sec. 2305.013. REVIEW COMMITTEE
750-6 (Sections 2305.014-2305.020 reserved for expansion)
750-7 SUBCHAPTER C. FINANCIAL PROVISIONS
750-8 Sec. 2305.021. OIL OVERCHARGE ACCOUNT
750-9 Sec. 2305.022. USE OF ACCOUNT
750-10 Sec. 2305.023. ACCOUNT RECORDS
750-11 Sec. 2305.024. INVESTMENT OF MONEY AND DEPOSIT OF INTEREST
750-12 Sec. 2305.025. SUBMISSION OF VOUCHER
750-13 Sec. 2305.026. EFFECT OF RESTRICTION ON USE OR RECEIPT
750-14 OF MONEY
750-15 (Sections 2305.027-2305.030 reserved for expansion)
750-16 SUBCHAPTER D. DIRECT GRANT PROGRAMS
750-17 Sec. 2305.031. DIRECT GRANT PROGRAM
750-18 Sec. 2305.032. AUTHORITY OF SUPERVISING STATE AGENCY
750-19 Sec. 2305.033. EMERGENCY NUTRITION AND TEMPORARY
750-20 EMERGENCY RELIEF PROGRAM
750-21 Sec. 2305.034. ENERGY CRISIS PROGRAM
750-22 Sec. 2305.035. LOW-INCOME HOME ENERGY ASSISTANCE
750-23 PROGRAM
750-24 Sec. 2305.036. WEATHERIZATION ASSISTANCE PROGRAM
750-25 Sec. 2305.037. NATIVE AMERICAN RESTITUTIONARY PROGRAM
750-26 Sec. 2305.038. RESERVOIR CONSERVATION PROGRAM
750-27 Sec. 2305.039. INSTITUTIONAL CONSERVATION PROGRAM
751-1 Sec. 2305.040. ENERGY EXTENSION SERVICE
751-2 Sec. 2305.041. STATE ENERGY CONSERVATION PROGRAM
751-3 (Sections 2305.042-2305.060 reserved for expansion)
751-4 SUBCHAPTER E. COMPETITIVE GRANT PROGRAMS
751-5 Sec. 2305.061. COMPETITIVE GRANT PROGRAM
751-6 Sec. 2305.062. CONSUMER REPRESENTATION
751-7 Sec. 2305.063. PUBLIC-PRIVATE PARTNERSHIP PROGRAM
751-8 Sec. 2305.064. HOUSING PARTNERSHIP PROGRAM
751-9 Sec. 2305.065. REVOLVING LOAN PROGRAM
751-10 Sec. 2305.066. AGRICULTURAL ENERGY CONSERVATION PROGRAM
751-11 Sec. 2305.067. ALTERNATIVE ENERGY PROGRAM
751-12 Sec. 2305.068. ENERGY RESEARCH AND DEVELOPMENT PROGRAM
751-13 Sec. 2305.069. LOCAL GOVERNMENT ENERGY PROGRAM
751-14 Sec. 2305.070. TRANSPORTATION ENERGY PROGRAM
751-15 Sec. 2305.071. MASS TRANSIT ENERGY PROGRAM
751-16 Sec. 2305.072. ENERGY RESEARCH IN APPLICATIONS PROGRAM
751-17 Sec. 2305.073. DIESEL FUEL CONSERVATION PROGRAM
751-18 Sec. 2305.074. ENERGY RESOURCE OPTIMIZATION PROGRAM
751-19 Sec. 2305.075. SMALL HOSPITALS ENERGY MANAGEMENT PROGRAM
751-20 Sec. 2305.076. TRAFFIC LIGHT SYNCHRONIZATION PROGRAM
751-21 CHAPTER 2305. RESTITUTION FOR OIL OVERCHARGES
751-22 SUBCHAPTER A. GENERAL PROVISIONS
751-23 Sec. 2305.001. SHORT TITLE. This chapter may be cited as
751-24 the Oil Overcharge Restitutionary Act. (V.A.C.S. Art. 4413(56),
751-25 Sec. 1.)
751-26 Sec. 2305.002. DEFINITIONS. In this chapter:
751-27 (1) "Account" means the oil overcharge account.
752-1 (2) "Applicable federal guidelines" means federal
752-2 court judgments or orders, case settlements, laws, regulations, or
752-3 other requirements or discretionary authority, imposed by the
752-4 judicial, legislative, or executive branch, that govern or restrict
752-5 the use of money received by the state because of petroleum
752-6 overcharge litigation relating to the overpricing of crude oil or
752-7 refined petroleum products during the 1973-1981 period of mandatory
752-8 federal price controls.
752-9 (3) "Energy office" means the energy office of the
752-10 governor.
752-11 (4) "Supervising state agency" means the state agency,
752-12 department, commission, or other entity designated by this chapter
752-13 or by the governor to supervise, manage, or administer a program
752-14 financed under this chapter. (V.A.C.S. Art. 4413(56), Secs. 2(1),
752-15 (2), (5), (6).)
752-16 (Sections 2305.003-2305.010 reserved for expansion)
752-17 SUBCHAPTER B. PROGRAM ADMINISTRATION
752-18 Sec. 2305.011. ADMINISTRATION BY GOVERNOR. (a) Subject to
752-19 Section 2305.013, the governor may:
752-20 (1) finance a project under this chapter; and
752-21 (2) oversee and monitor the administration of a
752-22 program prescribed by this chapter.
752-23 (b) The governor may establish direct grant programs and
752-24 competitive grant programs in addition to the programs provided by
752-25 this chapter.
752-26 (c) The governor shall:
752-27 (1) determine the supervising state agency for each
753-1 competitive grant program and for each direct grant program
753-2 established by the governor;
753-3 (2) establish programs and criteria and evaluate a
753-4 proposal in accordance with applicable federal guidelines; and
753-5 (3) send to the appropriate federal entity all
753-6 information required under applicable federal guidelines.
753-7 (d) Criteria established under this section may apply
753-8 generally to all programs or specifically to one or more programs.
753-9 (V.A.C.S. Art. 4413(56), Sec. 3.)
753-10 Sec. 2305.012. STAFF; ASSISTANCE. (a) The energy office
753-11 shall provide staff to implement and administer this chapter.
753-12 (b) The governor may also enlist the assistance of a private
753-13 entity or a state agency, department, commission, or other entity
753-14 to:
753-15 (1) evaluate or review a proposal;
753-16 (2) audit a program participant or a supervising state
753-17 agency;
753-18 (3) perform administrative duties under this chapter;
753-19 or
753-20 (4) develop eligibility or evaluation criteria.
753-21 (V.A.C.S. Art. 4413(56), Sec. 4.)
753-22 Sec. 2305.013. REVIEW COMMITTEE. (a) A review committee
753-23 composed of the lieutenant governor and the speaker of the house of
753-24 representatives shall review each proposal submitted to the
753-25 committee by the governor under a direct or competitive grant
753-26 program.
753-27 (b) The governor may not finance a project under a direct or
754-1 competitive grant program unless the governor submits the project
754-2 proposal to the review committee and the committee approves the
754-3 project proposal. (V.A.C.S. Art. 4413(56), Sec. 5.)
754-4 (Sections 2305.014-2305.020 reserved for expansion)
754-5 SUBCHAPTER C. FINANCIAL PROVISIONS
754-6 Sec. 2305.021. OIL OVERCHARGE ACCOUNT. (a) The oil
754-7 overcharge account is an account in the general revenue fund.
754-8 (b) The comptroller shall deposit to the credit of the
754-9 account any amount received as a result of petroleum overcharge
754-10 litigation relating to the overpricing of crude oil or refined
754-11 petroleum products during the 1973-1981 period of mandatory federal
754-12 price controls. (V.A.C.S. Art. 4413(56), Sec. 6(a) (part).)
754-13 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
754-14 used only by the governor to implement and operate the programs
754-15 authorized by this chapter. (V.A.C.S. Art. 4413(56), Sec. 6(b).)
754-16 Sec. 2305.023. ACCOUNT RECORDS. The comptroller shall
754-17 establish records of the money in the account that are sufficient
754-18 to identify the source of each particular amount in the account to
754-19 facilitate a determination of compliance with applicable federal
754-20 guidelines relating to the use of money derived from each
754-21 particular source. (V.A.C.S. Art. 4413(56), Sec. 6(c).)
754-22 Sec. 2305.024. INVESTMENT OF MONEY AND DEPOSIT OF INTEREST.
754-23 (a) The state treasurer may invest unobligated money in the
754-24 account in accordance with Subchapter C, Chapter 404.
754-25 (b) The state treasurer shall deposit to the credit of the
754-26 account all interest or other income received from the investment
754-27 of the money. (V.A.C.S. Art. 4413(56), Sec. 6(d).)
755-1 Sec. 2305.025. SUBMISSION OF VOUCHER. (a) The governor
755-2 shall designate the individuals who are authorized to sign a
755-3 voucher submitted to the comptroller for approval of payment from
755-4 the account and notify the comptroller of each designation.
755-5 (b) The comptroller shall approve a payment from the account
755-6 in the manner provided for approval of a payment from an amount
755-7 appropriated by the legislature. (V.A.C.S. Art. 4413(56), Sec.
755-8 6(e).)
755-9 Sec. 2305.026. EFFECT OF RESTRICTION ON USE OR RECEIPT OF
755-10 MONEY. A restriction or other criterion provided by or under this
755-11 chapter that relates to the use or receipt of money awarded under
755-12 this chapter to a supervising state agency, local recipient, or
755-13 other person applies only to the use or receipt of that money and
755-14 does not affect the use or receipt of money provided under other
755-15 law. (V.A.C.S. Art. 4413(56), Sec. 7(a).)
755-16 (Sections 2305.027-2305.030 reserved for expansion)
755-17 SUBCHAPTER D. DIRECT GRANT PROGRAMS
755-18 Sec. 2305.031. DIRECT GRANT PROGRAM. The governor may use a
755-19 direct grant program to finance a project under this chapter that
755-20 has been approved as a component of a proposal recommended by the
755-21 program's supervising state agency. (V.A.C.S. Art. 4413(56), Sec.
755-22 2(4).)
755-23 Sec. 2305.032. AUTHORITY OF SUPERVISING STATE AGENCY. (a)
755-24 The supervising state agency of a direct grant program may adopt
755-25 rules to implement the program, including rules that provide
755-26 criteria for eligibility.
755-27 (b) The rules may not be inconsistent with the criteria:
756-1 (1) established by applicable federal guidelines;
756-2 (2) prescribed by this chapter; or
756-3 (3) adopted by the governor. (V.A.C.S. Art. 4413(56),
756-4 Sec. 7(b).)
756-5 Sec. 2305.033. EMERGENCY NUTRITION AND TEMPORARY EMERGENCY
756-6 RELIEF PROGRAM. (a) The Texas Department of Housing and Community
756-7 Affairs is the supervising state agency for the emergency nutrition
756-8 and temporary emergency relief program established under Chapter
756-9 34, Human Resources Code.
756-10 (b) The department shall provide direct grant money under
756-11 the program to pay vendors of energy utility services to prevent
756-12 the interruption or termination of energy utility service for or to
756-13 restore that service to low-income individuals.
756-14 (c) The ultimate beneficiaries of a grant under this section
756-15 must be low-income individuals in need of emergency assistance.
756-16 The department shall give priority to assistance for an individual
756-17 who is recently unemployed and does not qualify for another income
756-18 assistance program.
756-19 (d) The program may not be limited so that an individual is
756-20 eligible for assistance only if the individual's income is equal to
756-21 less than 75 percent of the income standard established by
756-22 applicable federal poverty guidelines.
756-23 (e) The department shall allocate grant money for
756-24 distribution within counties according to the unemployment and
756-25 poverty statistics for residents of each county.
756-26 (f) The department may distribute grant money to a local
756-27 unit of government or to a nonprofit organization to provide needed
757-1 services but shall give priority to a county government.
757-2 (g) A local unit of government or a nonprofit organization
757-3 that receives a grant under this section must match the grant with
757-4 an equal amount of money from another source. The recipient may
757-5 not use as matching money any money received under another
757-6 provision of this chapter. (V.A.C.S. Art. 4413(56), Sec. 8.)
757-7 Sec. 2305.034. ENERGY CRISIS PROGRAM. (a) The Texas
757-8 Department of Housing and Community Affairs is the supervising
757-9 state agency for the energy crisis program.
757-10 (b) The department shall provide direct grant money under
757-11 the program to pay vendors of utilities, goods, or services related
757-12 to the procurement of energy for heating or cooling residences. In
757-13 addition, the department may issue directly to a consumer a voucher
757-14 of not more than $150 for each household in a case of undue
757-15 hardship.
757-16 (c) The ultimate beneficiaries of a grant under this section
757-17 must be individuals who:
757-18 (1) are in imminent danger of having utility service
757-19 terminated;
757-20 (2) are experiencing other energy-related and supply
757-21 shortage emergencies; or
757-22 (3) meet applicable federal poverty income guidelines.
757-23 (d) The department shall give priority to assistance for an
757-24 individual who is elderly or has a disability. (V.A.C.S. Art.
757-25 4413(56), Sec. 9.)
757-26 Sec. 2305.035. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.
757-27 (a) The Texas Department of Housing and Community Affairs is the
758-1 supervising state agency for the low-income home energy assistance
758-2 program.
758-3 (b) In accordance with the Low-Income Home Energy Assistance
758-4 Act of 1981 (42 U.S.C. Sec. 8621 et seq.), the department shall
758-5 provide direct grant money under the program to assist eligible
758-6 households in meeting home energy costs.
758-7 (c) The ultimate beneficiaries of a grant under this section
758-8 must be households that:
758-9 (1) have an income that does not exceed the greater
758-10 of:
758-11 (A) 150 percent of the income level established
758-12 by applicable federal poverty guidelines; or
758-13 (B) 60 percent of the state's median income; or
758-14 (2) include a recipient of a federal or state income
758-15 subsidy, such as food stamps, supplemental security income, aid to
758-16 families with dependent children, or income-based veterans'
758-17 benefits.
758-18 (d) The department may make a grant payment directly to an
758-19 eligible household or to an energy supplier on behalf of an
758-20 eligible household. (V.A.C.S. Art. 4413(56), Sec. 10.)
758-21 Sec. 2305.036. WEATHERIZATION ASSISTANCE PROGRAM. (a) The
758-22 Texas Department of Housing and Community Affairs is the
758-23 supervising state agency for the weatherization assistance program.
758-24 (b) In accordance with Part A, Energy Conservation in
758-25 Existing Buildings Act of 1976 (42 U.S.C. Sec. 6861 et seq.), the
758-26 department shall provide direct grant money under the program to
758-27 pay for:
759-1 (1) the installation of weatherization materials under
759-2 the low-income weatherization assistance program, including the
759-3 installation of attic insulation, caulking, weatherstripping, storm
759-4 windows, and other materials designed to increase furnace
759-5 efficiency; and
759-6 (2) enhanced weatherization of dwellings occupied by
759-7 low-income individuals, including:
759-8 (A) repairing roofs, walls, floors, and other
759-9 parts of a housing unit if necessary to complete weatherization
759-10 improvements;
759-11 (B) providing additional weatherization
759-12 assistance on individual housing units; and
759-13 (C) tuning-up, repairing, or replacing home
759-14 heating and cooling systems.
759-15 (c) The ultimate beneficiaries of a grant under this section
759-16 must be low-income individuals. The department shall give priority
759-17 to assistance for an individual who is elderly or has a disability.
759-18 (d) A community action agency or private contractor may
759-19 perform a weatherization assistance project.
759-20 (e) The maximum expenditure for a dwelling under Subdivision
759-21 (b)(1) may not exceed applicable federal guidelines for materials
759-22 and related program costs. The maximum expenditure for a dwelling
759-23 under Subdivision (b)(2) may not exceed by more than $1,500 the
759-24 current weatherization assistance program limits for such repairs.
759-25 (V.A.C.S. Art. 4413(56), Sec. 11.)
759-26 Sec. 2305.037. NATIVE AMERICAN RESTITUTIONARY PROGRAM. (a)
759-27 A supervising state agency shall administer the Native American
760-1 restitutionary program.
760-2 (b) The agency shall distribute direct grant money under the
760-3 program to provide energy-related assistance to Native Americans of
760-4 this state. (V.A.C.S. Art. 4413(56), Sec. 12.)
760-5 Sec. 2305.038. RESERVOIR CONSERVATION PROGRAM. (a) The
760-6 Railroad Commission of Texas is the supervising state agency for
760-7 the reservoir conservation program.
760-8 (b) The commission shall use direct grant money under the
760-9 program to isolate productive hydrocarbon-yielding zones by
760-10 plugging or other remediation of inactive wells in fields with
760-11 enhanced recovery potential.
760-12 (c) The commission shall design the program to prevent the
760-13 waste of energy and to conserve energy for future use. (V.A.C.S.
760-14 Art. 4413(56), Sec. 13.)
760-15 Sec. 2305.039. INSTITUTIONAL CONSERVATION PROGRAM. (a) The
760-16 energy office is the supervising state agency for the institutional
760-17 conservation program.
760-18 (b) In accordance with Part E, Energy Policy and
760-19 Conservation Act (42 U.S.C. Sec. 6371 et seq.), the office shall
760-20 distribute direct grant money under the program to provide 50
760-21 percent of the cost of projects to assist public and nonprofit
760-22 schools, colleges, hospitals, and public care facilities to:
760-23 (1) conduct technical assistance studies to identify
760-24 potential building energy conservation opportunities; and
760-25 (2) install cost-effective energy conservation
760-26 measures. (V.A.C.S. Art. 4413(56), Sec. 14.)
760-27 Sec. 2305.040. ENERGY EXTENSION SERVICE. (a) The energy
761-1 office is the supervising state agency for the energy extension
761-2 service.
761-3 (b) In accordance with the National Energy Extension Service
761-4 Act (42 U.S.C. Sec. 7001 et seq.), the office shall use direct
761-5 grant money under the program to finance projects designed to
761-6 assist residential, agricultural, and commercial small energy
761-7 consumers in learning to conserve energy and to use renewable
761-8 resource options. The projects may include consumer information
761-9 and technical assistance.
761-10 (c) The office may require a grant recipient to match the
761-11 amount of the grant. (V.A.C.S. Art. 4413(56), Sec. 15.)
761-12 Sec. 2305.041. STATE ENERGY CONSERVATION PROGRAM. (a) The
761-13 energy office is the supervising state agency for the state energy
761-14 conservation program.
761-15 (b) In accordance with Part B, Energy Policy and
761-16 Conservation Act (42 U.S.C. Sec. 6321 et seq.), the office, under
761-17 the program, shall:
761-18 (1) distribute direct grant money for projects that
761-19 save measurable quantities of energy; and
761-20 (2) finance the operation of the Energy Management
761-21 Center for Texas Schools, in accordance with Section 88A, Public
761-22 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
761-23 Statutes).
761-24 (c) A project under Subsection (b)(1) must be implemented
761-25 primarily by institutions or private sector energy consumers.
761-26 (d) A proposal under Subsection (b)(1) must:
761-27 (1) promote the conservation of energy; and
762-1 (2) improve the efficient use of energy through
762-2 activities that result in quantifiable energy savings, including:
762-3 (A) energy audits of buildings;
762-4 (B) technical assistance in reducing energy
762-5 bills; and
762-6 (C) providing training to building operators and
762-7 fiscal officers on various energy issues such as utility bill
762-8 analysis and energy management techniques.
762-9 (e) A public school may not receive a grant or the benefits
762-10 of a grant under Subsection (b)(2) unless the governor approves
762-11 the school's energy conservation plan. (V.A.C.S. Art. 4413(56),
762-12 Sec. 16.)
762-13 (Sections 2305.042-2305.060 reserved for expansion)
762-14 SUBCHAPTER E. COMPETITIVE GRANT PROGRAMS
762-15 Sec. 2305.061. COMPETITIVE GRANT PROGRAM. The governor may
762-16 use a competitive grant program to finance a project under this
762-17 chapter that has been approved from a group of competing proposals
762-18 submitted by public or private applicants. (V.A.C.S.
762-19 Art. 4413(56), Sec. 2(3).)
762-20 Sec. 2305.062. CONSUMER REPRESENTATION. (a) The governor
762-21 shall award one or more competitive grants to support regulatory
762-22 intervention activities that promote the adoption and expansion by
762-23 energy utilities of consumer-oriented energy conservation programs.
762-24 (b) Activities that may be funded under this section include
762-25 giving technical and legal expert testimony, providing materials,
762-26 and making studies used to intervene and advise in various cases
762-27 that are relevant to energy costs for low-income residential, other
763-1 residential, or small commercial utility ratepayers.
763-2 (c) A grant recipient must design funded regulatory
763-3 intervention activities to:
763-4 (1) promote conservation and energy efficiency;
763-5 (2) provide that energy options that have the least
763-6 cost are pursued; and
763-7 (3) assist in the reduction of energy costs.
763-8 (V.A.C.S. Art. 4413(56), Sec. 17.)
763-9 Sec. 2305.063. PUBLIC-PRIVATE PARTNERSHIP PROGRAM. (a) The
763-10 governor may approve and finance under the public-private
763-11 partnership program one or more energy-related projects, including
763-12 energy-related demonstration projects.
763-13 (b) The ultimate beneficiaries of a competitive grant under
763-14 this section may include low-income or moderate-income consumers.
763-15 (c) A recipient of a grant under this section may include a
763-16 community foundation affiliated with the Communities Foundation,
763-17 Inc., of Texas.
763-18 (d) The governor may require grant recipients to match from
763-19 private sources at least the total amount of the grants awarded
763-20 under this section during a particular fiscal period. (V.A.C.S.
763-21 Art. 4413(56), Sec. 18.)
763-22 Sec. 2305.064. HOUSING PARTNERSHIP PROGRAM. (a) The
763-23 supervising state agency of the housing partnership program shall
763-24 distribute competitive grant money under the program for
763-25 residential energy conservation projects that reduce the amount of
763-26 energy consumed for space heating, space cooling, water heating,
763-27 refrigeration, or other residential energy uses.
764-1 (b) Projects funded under this section may include:
764-2 (1) demonstration of commercially available
764-3 cost-effective energy-saving techniques and technologies;
764-4 (2) training and technical assistance in energy
764-5 efficient construction or remodeling;
764-6 (3) providing information to occupants; and
764-7 (4) financing incentives for energy-saving designs or
764-8 improvements.
764-9 (c) The ultimate beneficiaries of a grant under this section
764-10 must be low-income or moderate-income consumers.
764-11 (d) A local government, public housing agency, or other
764-12 public or nonprofit organization serving the housing needs of low
764-13 and moderate income individuals may apply for a grant under this
764-14 section.
764-15 (e) The supervising state agency may require grant
764-16 recipients to match from other sources at least the total amount of
764-17 the grants awarded under this section. (V.A.C.S. Art. 4413(56),
764-18 Sec. 19.)
764-19 Sec. 2305.065. REVOLVING LOAN PROGRAM. (a) The governor
764-20 under the revolving loan program may approve and finance
764-21 demonstration projects that provide loans to eligible applicants
764-22 for energy-saving capital improvements.
764-23 (b) The supervising state agency of the program may
764-24 distribute competitive grant money under the program to finance
764-25 energy conservation projects approved by the governor for the
764-26 benefit of:
764-27 (1) a state agency or institution of higher education;
765-1 (2) a public school;
765-2 (3) a political subdivision of the state;
765-3 (4) a transportation provider;
765-4 (5) an agricultural producer;
765-5 (6) a small business; and
765-6 (7) an individual of low or moderate income.
765-7 (c) The governor shall determine the terms under which a
765-8 loan may be made under this section and shall set the interest rate
765-9 for a loan at a low rate that the governor determines is sufficient
765-10 to recover the cost of administering the loan program.
765-11 (d) A person who receives a loan under this section shall
765-12 repay the principal of and interest on the loan from the value of
765-13 energy savings that accrues as the result of the energy
765-14 conservation measure implemented with the borrowed money.
765-15 (e) A state agency or institution that receives a loan under
765-16 this section shall repay the loan from the amount budgeted for the
765-17 agency's or institution's energy costs. Until the loan is repaid,
765-18 the legislature may not reduce the amount budgeted for those energy
765-19 costs to reflect the value of energy savings that accrues as a
765-20 result of the energy conservation measure implemented with the
765-21 borrowed money. (V.A.C.S. Art. 4413(56), Sec. 20.)
765-22 Sec. 2305.066. AGRICULTURAL ENERGY CONSERVATION PROGRAM.
765-23 (a) The supervising state agency of the agricultural energy
765-24 conservation program shall distribute competitive grant money under
765-25 the program for energy projects designed to benefit agriculture,
765-26 including:
765-27 (1) agricultural demonstration projects;
766-1 (2) energy audits of agricultural or food processing
766-2 facilities; and
766-3 (3) the provision of agricultural information and
766-4 technical assistance.
766-5 (b) The governor may fund a selected proposal without a
766-6 matching requirement or may require a grant recipient to match any
766-7 grant received under this section. (V.A.C.S. Art. 4413(56), Sec.
766-8 21.)
766-9 Sec. 2305.067. ALTERNATIVE ENERGY PROGRAM. (a) The
766-10 supervising state agency of the alternative energy program shall
766-11 distribute competitive grant money under the program for
766-12 demonstration projects that develop alternative energy resources,
766-13 including:
766-14 (1) photovoltaic, biomass, wind, and solar
766-15 applications; and
766-16 (2) other appropriate alternative energy applications.
766-17 (b) The governor may require a grant recipient to match a
766-18 grant in a ratio determined by the governor. (V.A.C.S. Art.
766-19 4413(56), Sec. 22.)
766-20 Sec. 2305.068. ENERGY RESEARCH AND DEVELOPMENT PROGRAM. (a)
766-21 The governor may use competitive grant money to finance projects
766-22 under the energy research and development program that supplement
766-23 or initiate research by public or private institutions on issues
766-24 related to energy.
766-25 (b) The governor may require a grant recipient to match a
766-26 grant in a ratio determined by the governor. (V.A.C.S. Art.
766-27 4413(56), Sec. 23.)
767-1 Sec. 2305.069. LOCAL GOVERNMENT ENERGY PROGRAM. (a) The
767-2 supervising state agency of the local government energy program
767-3 shall distribute competitive grant money under the program for
767-4 energy-saving projects that benefit local governments in this
767-5 state.
767-6 (b) Proposals funded under this section may include:
767-7 (1) energy audits of a local government facility;
767-8 (2) traffic light synchronization;
767-9 (3) fleet management; and
767-10 (4) fuel-efficient transit routing.
767-11 (c) The governor may require a grant recipient to match a
767-12 grant in a ratio determined by the governor. (V.A.C.S. Art.
767-13 4413(56), Sec. 24.)
767-14 Sec. 2305.070. TRANSPORTATION ENERGY PROGRAM. (a) The
767-15 supervising state agency of the transportation energy program shall
767-16 distribute competitive grant money under the program for projects
767-17 relating to mass transit and other transportation services.
767-18 (b) A project may:
767-19 (1) assist a service provider in providing services
767-20 such as:
767-21 (A) traffic light synchronization;
767-22 (B) fleet management;
767-23 (C) computerized transit routing that is energy
767-24 efficient;
767-25 (D) car-care clinics;
767-26 (E) vanpooling or ridesharing efforts;
767-27 (F) public education related to mass transit;
768-1 (G) driver training in energy conservation
768-2 awareness; and
768-3 (H) transportation services for the elderly or
768-4 persons with a disability; and
768-5 (2) include studies to improve existing and plan for
768-6 future transportation systems in this state.
768-7 (c) The governor may require a grant recipient to match a
768-8 grant in a ratio determined by the governor. (V.A.C.S. Art.
768-9 4413(56), Sec. 25.)
768-10 Sec. 2305.071. MASS TRANSIT ENERGY PROGRAM. (a) The
768-11 supervising state agency of the mass transit energy program shall
768-12 distribute competitive grant money under the program for projects
768-13 that relate to mass transit and are approved by the governor.
768-14 (b) The supervising state agency may allocate grant money
768-15 among eligible applicants according to the following formula:
768-16 (1) one-third to eligible applicants created under:
768-17 (A) Chapter 141, Acts of the 63rd Legislature,
768-18 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
768-19 Statutes);
768-20 (B) Chapter 683, Acts of the 66th Legislature,
768-21 Regular Session, 1979 (Article 1118y, Vernon's Texas Civil
768-22 Statutes); or
768-23 (C) Article 1118z, Revised Statutes;
768-24 (2) one-third to eligible applicants that are in
768-25 urbanized areas with a population of more than 50,000 and that were
768-26 not created under a law specified in Subdivision (1); and
768-27 (3) one-third to eligible applicants in rural areas of
769-1 the state and in urban areas with a population of 50,000 or less.
769-2 (c) To the greatest extent practicable, a grant recipient
769-3 shall use money received under this section to obtain other grants.
769-4 (d) In this section, "eligible applicant" means a:
769-5 (1) municipality;
769-6 (2) metropolitan or regional authority; or
769-7 (3) local governmental body or other entity that
769-8 receives federal public transportation money through the Texas
769-9 Department of Transportation or other agency that administers
769-10 federal public transportation money. (V.A.C.S. Art. 4413(56),
769-11 Sec. 26.)
769-12 Sec. 2305.072. ENERGY RESEARCH IN APPLICATIONS PROGRAM. (a)
769-13 The supervising state agency of the energy research in applications
769-14 program shall distribute competitive grant money under the program
769-15 for projects that are conducted by institutions of higher education
769-16 and provide advanced research in energy-related subjects.
769-17 (b) In addition to the review required under this chapter, a
769-18 proposal submitted under this section must be submitted to the
769-19 advisory committee appointed under Section 142.003, Education Code,
769-20 for a merit review.
769-21 (c) In this section, "institution of higher education" has
769-22 the meaning assigned by Section 61.003, Education Code. (V.A.C.S.
769-23 Art. 4413(56), Sec. 27.)
769-24 Sec. 2305.073. DIESEL FUEL CONSERVATION PROGRAM. (a) The
769-25 supervising state agency of the diesel fuel conservation program
769-26 shall implement projects that improve the fuel efficiency of
769-27 diesel-powered vehicles and equipment. The supervising state
770-1 agency shall use competitive grant money under the program to
770-2 benefit diesel fuel consumers by identifying and implementing
770-3 measures to save diesel fuel.
770-4 (b) The supervising state agency may fund a project that:
770-5 (1) provides training and technical assistance; or
770-6 (2) demonstrates and implements commercially available
770-7 technologies that improve the fuel efficiency of diesel-powered
770-8 vehicles and equipment, including trucks, boats, and tractors.
770-9 (V.A.C.S. Art. 4413(56), Sec. 28.)
770-10 Sec. 2305.074. ENERGY RESOURCE OPTIMIZATION PROGRAM. The
770-11 supervising state agency of the energy resource optimization
770-12 program shall distribute competitive grant money under the program
770-13 to initiate or supplement research programs designed to recover
770-14 additional oil and gas from reservoirs in this state, with emphasis
770-15 on recovery from state and other public lands. (V.A.C.S. Art.
770-16 4413(56), Sec. 29.)
770-17 Sec. 2305.075. SMALL HOSPITALS ENERGY MANAGEMENT PROGRAM.
770-18 (a) The energy office is the supervising state agency for the
770-19 small hospitals energy management program.
770-20 (b) The energy office shall use competitive grant money
770-21 under the program to finance projects designed to assist small
770-22 hospitals in controlling energy costs.
770-23 (c) Projects funded under this section may include:
770-24 (1) training for hospital personnel;
770-25 (2) technical assistance in establishing an energy
770-26 management program;
770-27 (3) facility energy audits; and
771-1 (4) follow-up assistance in maintaining an energy
771-2 management program. (V.A.C.S. Art. 4413(56), Sec. 30.)
771-3 Sec. 2305.076. TRAFFIC LIGHT SYNCHRONIZATION PROGRAM. (a)
771-4 The Texas Department of Transportation is the supervising state
771-5 agency for the traffic light synchronization program. The
771-6 department shall provide assistance under the program to local
771-7 governments throughout the state in an effort to save motor fuels
771-8 through optimizing timing plans for traffic signals.
771-9 (b) The department shall award competitive grant money to
771-10 local jurisdictions to pay the costs of training, engineering
771-11 services, traffic studies, and other activities directly related to
771-12 and undertaken as part of a local retiming project for traffic
771-13 signals.
771-14 (c) The governor may require a grant recipient to match a
771-15 grant in a ratio determined by the governor. (V.A.C.S. Art.
771-16 4413(56), Sec. 31.)
771-17 CHAPTER 2306. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
771-18 AFFAIRS
771-19 SUBCHAPTER A. GENERAL PROVISIONS
771-20 Sec. 2306.001. PURPOSES
771-21 Sec. 2306.002. POLICY
771-22 Sec. 2306.003. PUBLIC PURPOSE
771-23 Sec. 2306.004. DEFINITIONS
771-24 Sec. 2306.005. REFERENCES TO FORMER LAW
771-25 Sec. 2306.006. RULES OF ABOLISHED AGENCIES
771-26 Sec. 2306.007. ESTABLISHING ECONOMICALLY DEPRESSED OR
771-27 BLIGHTED AREAS
772-1 (Sections 2306.008-2306.020 reserved for expansion)
772-2 SUBCHAPTER B. GOVERNING BOARD AND DEPARTMENT
772-3 Sec. 2306.021. DEPARTMENT DIVISIONS
772-4 Sec. 2306.022. APPLICATION OF SUNSET ACT
772-5 Sec. 2306.023. SEPARATION OF DIVISIONS
772-6 Sec. 2306.024. BOARD MEMBERS: APPOINTMENT AND COMPOSITION
772-7 Sec. 2306.025. TERMS OF BOARD MEMBERS
772-8 Sec. 2306.026. BOARD PLACES
772-9 Sec. 2306.027. ELIGIBILITY
772-10 Sec. 2306.028. CONFLICT OF INTEREST
772-11 Sec. 2306.029. SURETY BONDS
772-12 Sec. 2306.030. PRESIDING OFFICER; OTHER OFFICERS
772-13 Sec. 2306.031. MEMBERS' COMPENSATION
772-14 Sec. 2306.032. BOARD MEETINGS
772-15 Sec. 2306.033. REMOVAL OF MEMBERS
772-16 Sec. 2306.034. DISQUALIFICATION OF MEMBERS AND CERTAIN
772-17 EMPLOYEES
772-18 Sec. 2306.035. LOBBYIST RESTRICTION
772-19 Sec. 2306.036. DIRECTOR: APPOINTMENT; TERM
772-20 Sec. 2306.037. DIRECTOR'S COMPENSATION
772-21 Sec. 2306.038. ACTING DIRECTOR
772-22 (Sections 2306.039-2306.050 reserved for expansion)
772-23 SUBCHAPTER C. POWERS AND DUTIES
772-24 Sec. 2306.051. BOARD DUTIES
772-25 Sec. 2306.052. DIRECTOR'S POWERS AND DUTIES
772-26 Sec. 2306.053. DEPARTMENT POWERS AND DUTIES
772-27 (Sections 2306.054-2306.060 reserved for expansion)
773-1 SUBCHAPTER D. GENERAL ADMINISTRATIVE PROVISIONS
773-2 Sec. 2306.061. INFORMATION ON QUALIFICATIONS AND CONDUCT
773-3 Sec. 2306.062. CAREER LADDER
773-4 Sec. 2306.063. PERFORMANCE EVALUATIONS
773-5 Sec. 2306.064. EQUAL EMPLOYMENT OPPORTUNITIES
773-6 Sec. 2306.065. DISCRIMINATION PROHIBITED
773-7 Sec. 2306.066. INFORMATION AND COMPLAINTS
773-8 Sec. 2306.067. LOANED EMPLOYEES
773-9 Sec. 2306.068. INTERAGENCY COOPERATION
773-10 Sec. 2306.069. OUTSIDE LEGAL COUNSEL
773-11 Sec. 2306.070. BUDGET
773-12 Sec. 2306.071. FUNDS
773-13 Sec. 2306.072. ANNUAL REPORT
773-14 Sec. 2306.073. INTERNAL AUDIT
773-15 Sec. 2306.074. AUDIT
773-16 Sec. 2306.075. TAX EXEMPTION
773-17 (Sections 2306.076-2306.090 reserved for expansion)
773-18 SUBCHAPTER E. COMMUNITY AFFAIRS DIVISION
773-19 Sec. 2306.091. GENERAL FUNCTIONS
773-20 Sec. 2306.092. DUTIES
773-21 Sec. 2306.093. HOUSING ASSISTANCE GOAL
773-22 Sec. 2306.094. SPECIAL ADVISORY COUNCILS
773-23 Sec. 2306.095. TRANSFERS FROM GOVERNOR
773-24 Sec. 2306.096. MULTIPURPOSE HUMAN RESOURCE CENTERS
773-25 Sec. 2306.097. ENERGY SERVICES PROGRAM FOR LOW-INCOME
773-26 INDIVIDUALS
773-27 Sec. 2306.098. ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK
774-1 GRANT PROGRAM; ALLOCATION OF FUNDS
774-2 Sec. 2306.099. TRANSFER OF FEDERAL FUNDS
774-3 Sec. 2306.100. STATE COMMUNITY DEVELOPMENT REVIEW
774-4 COMMITTEE
774-5 (Sections 2306.101-2306.110 reserved for expansion)
774-6 SUBCHAPTER F. HOUSING FINANCE DIVISION: GENERAL PROVISIONS
774-7 Sec. 2306.111. HOUSING ASSISTANCE GOAL
774-8 Sec. 2306.112. PREPARATION AND CONTENT OF ANNUAL BUDGET
774-9 Sec. 2306.113. BOARD CONSIDERATION OF ANNUAL BUDGET
774-10 Sec. 2306.114. FILING OF ANNUAL BUDGET
774-11 Sec. 2306.115. FAILURE TO ADOPT ANNUAL BUDGET
774-12 Sec. 2306.116. AMENDED ANNUAL BUDGET
774-13 Sec. 2306.117. PAYMENT OF EXPENSES; INDEBTEDNESS
774-14 Sec. 2306.118. DEPOSIT OF FUNDS WITH TEXAS TREASURY
774-15 SAFEKEEPING TRUST COMPANY
774-16 Sec. 2306.119. SELECTION OF DEPOSITORY FOR OPERATING FUNDS
774-17 Sec. 2306.120. SELECTION OF DEPOSITORY UNDER COVENANTS OF
774-18 BONDS OR TRUST INDENTURES
774-19 Sec. 2306.121. RECORDS
774-20 Sec. 2306.122. ANNUAL REPORT
774-21 Sec. 2306.123. AREA MEDIAN INCOME
774-22 Sec. 2306.124. RULES REGARDING HOUSING DEVELOPMENTS
774-23 Sec. 2306.125. COURT ACTIONS
774-24 Sec. 2306.126. EXEMPTION FROM PROPERTY TAX
774-25 (Sections 2306.127-2306.140 reserved for expansion)
774-26 SUBCHAPTER G. HOUSING FINANCE DIVISION: GENERAL POWERS AND
774-27 DUTIES OF BOARD
775-1 Sec. 2306.141. RULES
775-2 Sec. 2306.142. AUTHORIZATION OF BONDS
775-3 Sec. 2306.143. ANNUAL REPORT
775-4 Sec. 2306.144. FEES FOR SERVICES AND FACILITIES;
775-5 PAYMENT OF DEPARTMENT OBLIGATIONS
775-6 AND EXPENSES
775-7 Sec. 2306.145. LOAN PROCEDURES
775-8 Sec. 2306.146. INTEREST RATES AND AMORTIZATION SCHEDULES
775-9 Sec. 2306.147. FEES AND PENALTIES
775-10 Sec. 2306.148. UNDERWRITING STANDARDS
775-11 Sec. 2306.149. APPROVED MORTGAGE LENDERS
775-12 Sec. 2306.150. PROPERTY STANDARDS
775-13 Sec. 2306.151. TARGET STRATEGY FOR BOND PROCEEDS
775-14 Sec. 2306.152. ELIGIBILITY CRITERIA
775-15 (Sections 2306.153-2306.170 reserved for expansion)
775-16 SUBCHAPTER H. HOUSING FINANCE DIVISION: GENERAL POWERS AND
775-17 DUTIES OF DEPARTMENT
775-18 Sec. 2306.171. GENERAL DUTIES OF DEPARTMENT RELATING TO
775-19 PURPOSES OF HOUSING FINANCE DIVISION
775-20 Sec. 2306.172. ACQUISITION AND USE OF MONEY; DEPOSITORIES
775-21 Sec. 2306.173. INVESTMENTS
775-22 Sec. 2306.174. ACQUISITION AND DISPOSITION OF PROPERTY
775-23 Sec. 2306.175. TRANSFER AND DISPOSITION OF PROPERTY;
775-24 MANNER OF SALE
775-25 Sec. 2306.176. FEES
775-26 Sec. 2306.177. HEARINGS
775-27 Sec. 2306.178. INSURANCE
776-1 Sec. 2306.179. INVESTIGATIONS
776-2 Sec. 2306.180. ENCOURAGING HOME OWNERSHIP
776-3 Sec. 2306.181. TARGETING BOND PROCEEDS
776-4 Sec. 2306.182. LOANS TO LENDERS
776-5 Sec. 2306.183. NEEDS OF QUALIFYING INDIVIDUALS AND FAMILIES
776-6 IN RURAL AREAS AND SMALL MUNICIPALITIES
776-7 (Sections 2306.184-2306.200 reserved for expansion)
776-8 SUBCHAPTER I. HOUSING FINANCE DIVISION: FUNDS
776-9 Sec. 2306.201. HOUSING TRUST FUND
776-10 Sec. 2306.202. USE OF HOUSING TRUST FUND
776-11 Sec. 2306.203. RULES REGARDING ADMINISTRATION OF HOUSING
776-12 TRUST FUND
776-13 Sec. 2306.204. INDEPENDENT AUDIT OF HOUSING TRUST FUND
776-14 Sec. 2306.205. TRANSFER OF MONEY TO HOUSING TRUST FUND
776-15 Sec. 2306.206. HOUSING TRUST FUND NOT SUBJECT TO TEXAS TRUST
776-16 CODE
776-17 Sec. 2306.207. RESERVE FUND
776-18 (Sections 2306.208-2306.220 reserved for expansion)
776-19 SUBCHAPTER J. HOUSING FINANCE DIVISION: LOAN TERMS AND CONDITIONS
776-20 Sec. 2306.221. HOUSING DEVELOPMENT LOANS
776-21 Sec. 2306.222. CONTRACTS AND AGREEMENTS REGARDING HOUSING
776-22 DEVELOPMENTS
776-23 Sec. 2306.223. CRITERIA FOR FINANCING HOUSING DEVELOPMENT
776-24 OF HOUSING SPONSOR
776-25 Sec. 2306.224. LOAN TERMS AND CONDITIONS
776-26 Sec. 2306.225. RATIO OF LOAN TO DEVELOPMENT COST; AMORTIZATION
776-27 PERIOD
777-1 Sec. 2306.226. INTEREST RATES
777-2 Sec. 2306.227. PREPAYMENT OF MORTGAGE LOANS
777-3 Sec. 2306.228. LOAN FEES
777-4 Sec. 2306.229. DOCUMENTS SUPPORTING MORTGAGE LOANS
777-5 Sec. 2306.230. AGREEMENTS REGARDING CERTAIN LIMITATIONS ON
777-6 HOUSING SPONSORS
777-7 Sec. 2306.231. LOAN CONDITIONS RELATING TO DEPARTMENT
777-8 POWERS
777-9 Sec. 2306.232. TEXAS HOUSING AGENCY LOAN OR GUARANTEE
777-10 (Sections 2306.233-2306.250 reserved for expansion)
777-11 SUBCHAPTER K. HOUSING FINANCE DIVISION: HOUSING PROGRAMS
777-12 Sec. 2306.251. PROPERTY OWNERSHIP PROGRAM
777-13 Sec. 2306.252. LOW AND VERY LOW INCOME HOUSING RESOURCE
777-14 CENTER
777-15 (Sections 2306.253-2306.260 reserved for expansion)
777-16 SUBCHAPTER L. HOUSING FINANCE DIVISION: REGULATION OF HOUSING
777-17 SPONSORS
777-18 Sec. 2306.261. SUPERVISING HOUSING SPONSORS
777-19 Sec. 2306.262. UNIFORM SYSTEMS OF ACCOUNTS AND RECORDS
777-20 Sec. 2306.263. REPORTING
777-21 Sec. 2306.264. INSPECTIONS AND EXAMINATIONS
777-22 Sec. 2306.265. OPERATION, MAINTENANCE, AND REPAIR
777-23 Sec. 2306.266. FEES RELATING TO REGULATION
777-24 Sec. 2306.267. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND
777-25 CONTRACT TERMS
777-26 Sec. 2306.268. RENTS AND CHARGES
777-27 Sec. 2306.269. TENANT AND MANAGER SELECTION
778-1 Sec. 2306.270. REGULATION OF RETIREMENT OF CAPITAL INVESTMENT
778-2 OR REDEMPTION OF STOCK
778-3 Sec. 2306.271. COST CONTROLS
778-4 Sec. 2306.272. HOUSING SPONSOR INVESTMENTS
778-5 Sec. 2306.273. LIMITATION ON APPLICATION OF CERTAIN
778-6 PROVISIONS OF SUBCHAPTER
778-7 (Sections 2306.274-2306.290 reserved for expansion)
778-8 SUBCHAPTER M. HOUSING FINANCE DIVISION: PURCHASE AND SALE OF
778-9 MORTGAGE LOANS
778-10 Sec. 2306.291. PURCHASE AND SALE OF MORTGAGE LOANS
778-11 Sec. 2306.292. ELIGIBILITY OF MORTGAGE LOANS FOR PURCHASE
778-12 Sec. 2306.293. FEDERALLY ASSISTED MORTGAGE LOANS
778-13 Sec. 2306.294. MORTGAGE LOAN PURCHASE PRICE
778-14 Sec. 2306.295. RULES GOVERNING PURCHASE AND SALE OF MORTGAGE
778-15 LOANS
778-16 Sec. 2306.296. REVIEW AND SUBSTITUTION OF PURCHASED MORTGAGE
778-17 LOANS
778-18 Sec. 2306.297. APPLICATION OF PROVISIONS RELATING TO LOAN
778-19 TERMS AND CONDITIONS
778-20 (Sections 2306.298-2306.310 reserved for expansion)
778-21 SUBCHAPTER N. HOUSING FINANCE DIVISION: TENANTS OF
778-22 HOUSING DEVELOPMENTS
778-23 Sec. 2306.311. ADMISSION TO HOUSING DEVELOPMENTS
778-24 Sec. 2306.312. EXAMINATION OF TENANT INCOME
778-25 Sec. 2306.313. TERMINATION OF TENANCY
778-26 Sec. 2306.314. CONTINUED OCCUPANCY ON PAYMENT OF SURCHARGE
778-27 Sec. 2306.315. DISCHARGE FROM LIABILITY; REIMBURSEMENT
779-1 Sec. 2306.316. LIMITATION ON APPLICATION OF SUBCHAPTER
779-2 (Sections 2306.317-2306.330 reserved for expansion)
779-3 SUBCHAPTER O. HOUSING FINANCE DIVISION: REGULATION OF MORTGAGE
779-4 LENDERS, SERVICERS, AND CONTRACTORS
779-5 Sec. 2306.331. MORTGAGE LENDER SELECTION
779-6 Sec. 2306.332. MONITORING MORTGAGE LENDERS
779-7 Sec. 2306.333. MONITORING MORTGAGE SERVICERS
779-8 Sec. 2306.334. MONITORING CONTRACTORS
779-9 (Sections 2306.335-2306.350 reserved for expansion)
779-10 SUBCHAPTER P. HOUSING FINANCE DIVISION BONDS: ISSUANCE OF BONDS
779-11 Sec. 2306.351. ISSUANCE OF BONDS
779-12 Sec. 2306.352. TEXAS HOUSING BONDS
779-13 Sec. 2306.353. REVENUE BONDS
779-14 Sec. 2306.354. DEFINITIVE REFUNDING BONDS
779-15 Sec. 2306.355. ISSUANCE OF ADDITIONAL PARITY OR SUBORDINATE
779-16 LIEN BONDS
779-17 Sec. 2306.356. ISSUANCE OF BONDS TO FUND DEPARTMENT RESERVES
779-18 OR FUNDS
779-19 Sec. 2306.357. BONDS ISSUED BY TEXAS HOUSING AGENCY
779-20 (Sections 2306.358-2306.370 reserved for expansion)
779-21 SUBCHAPTER Q. HOUSING FINANCE DIVISION BONDS: BOARD ACTION
779-22 ON BONDS
779-23 Sec. 2306.371. BOARD AUTHORIZATION OF BONDS
779-24 Sec. 2306.372. DEPARTMENT PROCEDURES
779-25 Sec. 2306.373. USE OF BOND PROCEEDS
779-26 Sec. 2306.374. FACSIMILE SIGNATURES AND SEALS
779-27 Sec. 2306.375. PERSONAL LIABILITY OF BOARD MEMBER OR
780-1 DIRECTOR
780-2 (Sections 2306.376-2306.390 reserved for expansion)
780-3 SUBCHAPTER R. HOUSING FINANCE DIVISION BONDS: FORM; TERMS
780-4 Sec. 2306.391. FORM
780-5 Sec. 2306.392. DENOMINATION
780-6 Sec. 2306.393. MANNER, PRICE, AND TERMS
780-7 Sec. 2306.394. PLACE OF PAYMENT; MEDIUM OF EXCHANGE
780-8 Sec. 2306.395. INTEREST ON BONDS
780-9 Sec. 2306.396. MATURITY OF BONDS
780-10 Sec. 2306.397. REDEMPTION BEFORE MATURITY; CONVERSION
780-11 (Sections 2306.398-2306.410 reserved for expansion)
780-12 SUBCHAPTER S. HOUSING FINANCE DIVISION BONDS: SECURITY FOR BONDS
780-13 Sec. 2306.411. SECURITY FOR PAYMENT OF PRINCIPAL, INTEREST,
780-14 AND REDEMPTION PREMIUM
780-15 Sec. 2306.412. VALIDITY OF LIENS AND PLEDGES
780-16 (Sections 2306.413-2306.430 reserved for expansion)
780-17 SUBCHAPTER T. HOUSING FINANCE DIVISION BONDS: APPROVAL,
780-18 REGISTRATION, AND EXECUTION
780-19 Sec. 2306.431. APPROVAL OF BONDS
780-20 Sec. 2306.432. REGISTRATION
780-21 Sec. 2306.433. EXECUTION
780-22 (Sections 2306.434-2306.450 reserved for expansion)
780-23 SUBCHAPTER U. HOUSING FINANCE DIVISION BONDS: RIGHTS AND
780-24 REMEDIES OF BONDHOLDERS AND PARTIES IN INTEREST
780-25 Sec. 2306.451. STATE PLEDGE REGARDING BONDHOLDER RIGHTS
780-26 AND REMEDIES
780-27 Sec. 2306.452. PAYMENT ENFORCEABLE BY MANDAMUS
781-1 (Sections 2306.453-2306.470 reserved for expansion)
781-2 SUBCHAPTER V. HOUSING FINANCE DIVISION BONDS: OBLIGATIONS OF
781-3 DEPARTMENT AND STATE
781-4 Sec. 2306.471. GENERAL OBLIGATION BONDS
781-5 Sec. 2306.472. DEPARTMENT'S BONDS OTHER THAN GENERAL
781-6 OBLIGATION BONDS NOT OBLIGATIONS OF
781-7 THE STATE
781-8 Sec. 2306.473. STATE NOT OBLIGATED TO PAY; FAITH AND CREDIT
781-9 NOT PLEDGED
781-10 (Sections 2306.474-2306.490 reserved for expansion)
781-11 SUBCHAPTER W. HOUSING FINANCE DIVISION BONDS: MISCELLANEOUS
781-12 PROVISIONS
781-13 Sec. 2306.491. BONDS NEGOTIABLE INSTRUMENTS
781-14 Sec. 2306.492. BONDS INCONTESTABLE
781-15 Sec. 2306.493. SIGNATURE OF FORMER OFFICER
781-16 Sec. 2306.494. BONDS NOT TAXABLE
781-17 Sec. 2306.495. AUTHORIZED INVESTMENTS
781-18 Sec. 2306.496. SECURITY FOR DEPOSIT OF FUNDS
781-19 Sec. 2306.497. MUTILATED, LOST, STOLEN, OR DESTROYED BONDS
781-20 Sec. 2306.498. NO GAIN ALLOWED
781-21 (Sections 2306.499-2306.510 reserved for expansion)
781-22 SUBCHAPTER X. INDIVIDUALS WITH SPECIAL NEEDS
781-23 Sec. 2306.511. DEFINITION
781-24 Sec. 2306.512. SPECIAL NEEDS
781-25 Sec. 2306.513. HOUSING FOR INDIVIDUALS WITH SPECIAL NEEDS
781-26 CHAPTER 2306. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
781-27 AFFAIRS
782-1 SUBCHAPTER A. GENERAL PROVISIONS
782-2 Sec. 2306.001. PURPOSES. The purposes of the department are
782-3 to:
782-4 (1) assist local governments in:
782-5 (A) providing essential public services for
782-6 their residents; and
782-7 (B) overcoming financial, social, and
782-8 environmental problems;
782-9 (2) provide for the housing needs of individuals and
782-10 families of low and moderate income;
782-11 (3) contribute to the preservation, development, and
782-12 redevelopment of neighborhoods and communities;
782-13 (4) assist the governor and the legislature in
782-14 coordinating federal and state programs affecting local government;
782-15 and
782-16 (5) inform state officials and the public of the needs
782-17 of local government. (V.A.C.S. Art. 4413(501), Sec. 1.01(a)
782-18 (part).)
782-19 Sec. 2306.002. POLICY. (a) The legislature finds that:
782-20 (1) every resident of this state should have a decent,
782-21 safe, and affordable living environment; and
782-22 (2) government at all levels should be involved in
782-23 assisting individuals and families of low income in obtaining a
782-24 decent, safe, and affordable living environment.
782-25 (b) The highest priority of the department is to provide
782-26 assistance to individuals and families of low and very low income
782-27 who are not assisted by private enterprise or other governmental
783-1 programs so that they may obtain affordable housing or other
783-2 services and programs offered by the department. (V.A.C.S.
783-3 Art. 4413(501), Secs. 1.01(b) (part), (f).)
783-4 Sec. 2306.003. PUBLIC PURPOSE. The duties imposed and
783-5 activities authorized by this chapter serve public purposes, and
783-6 public money may be borrowed, spent, advanced, loaned, granted, or
783-7 appropriated for those purposes. (V.A.C.S. Art. 4413(501),
783-8 Sec. 1.01(a) (part), (e) (part).)
783-9 Sec. 2306.004. DEFINITIONS. In this chapter:
783-10 (1) "Board" means the governing board of the
783-11 department.
783-12 (2) "Bond" means an evidence of indebtedness or other
783-13 obligation, regardless of the source of payment, issued by the
783-14 department under Subchapter P, including a bond, note, or bond or
783-15 revenue anticipation note, regardless of whether the obligation is
783-16 general or special, negotiable or nonnegotiable, in bearer or
783-17 registered form, in certified or book-entry form, in temporary or
783-18 permanent form, or with or without interest coupons.
783-19 (3) "Department" means the Texas Department of Housing
783-20 and Community Affairs.
783-21 (4) "Director" means the executive director of the
783-22 department.
783-23 (5) "Economically depressed or blighted area" means an
783-24 area:
783-25 (A) that has been determined by the housing
783-26 finance division to be a qualified census tract or an area of
783-27 chronic economic distress under Section 103A, Internal Revenue Code
784-1 of 1954 (26 U.S.C. Section 103A);
784-2 (B) established in a municipality that has a
784-3 substantial number of substandard, slum, deteriorated, or
784-4 deteriorating structures and that suffers from a high relative rate
784-5 of unemployment; or
784-6 (C) that has been designed and included in a tax
784-7 increment district created under Chapter 695, Acts of the 66th
784-8 Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas
784-9 Civil Statutes).
784-10 (6) "Elderly individual" means an individual 60 years
784-11 of age or older.
784-12 (7) "Family of moderate income" means a family:
784-13 (A) that is determined by the board to require
784-14 assistance, taking into account:
784-15 (i) the amount of the total income
784-16 available for housing needs of the individuals and families;
784-17 (ii) the size of the family;
784-18 (iii) the cost and condition of available
784-19 housing facilities;
784-20 (iv) the ability of the individuals and
784-21 families to compete successfully in the private housing market and
784-22 to pay the amounts required by private enterprise for sanitary,
784-23 decent, and safe housing; and
784-24 (v) standards established for various
784-25 federal programs determining eligibility based on income; and
784-26 (B) that does not qualify as a family of low
784-27 income.
785-1 (8) "Federal government" means the United States of
785-2 America and includes any corporate or other instrumentality of the
785-3 United States of America.
785-4 (9) "Federal mortgage" means a mortgage loan for
785-5 residential housing:
785-6 (A) that is made by the federal government; or
785-7 (B) for which a commitment to make has been
785-8 given by the federal government.
785-9 (10) "Federally assisted new communities" means
785-10 federally assisted areas that receive or will receive assistance in
785-11 the form of loan guarantees under Title X of the National Housing
785-12 Act (12 U.S.C. Section 1701 et seq.), and a portion of that
785-13 federally assisted area has received grants under Section 107(a)(1)
785-14 of the Housing and Community Development Act of 1974, as amended
785-15 (42 U.S.C. Section 5301 et seq.).
785-16 (11) "Federally insured mortgage" means a mortgage
785-17 loan for residential housing that:
785-18 (A) is insured or guaranteed by the federal
785-19 government; or
785-20 (B) the federal government has committed to
785-21 insure or guarantee.
785-22 (12) "Housing development" means property or work or a
785-23 project, building, structure, facility, or undertaking, whether
785-24 existing, new construction, remodeling, improvement, or
785-25 rehabilitation, that meets or is designed to meet minimum property
785-26 standards required by the department and that is financed under the
785-27 provisions of this chapter for the primary purpose of providing
786-1 sanitary, decent, and safe dwelling accommodations for rent, lease,
786-2 use, or purchase by individuals and families of low and very low
786-3 income and families of moderate income in need of housing. The
786-4 term includes:
786-5 (A) buildings, structures, land, equipment,
786-6 facilities, or other real or personal properties that are
786-7 necessary, convenient, or desirable appurtenances, including
786-8 streets, water, sewers, utilities, parks, site preparation,
786-9 landscaping, stores, offices, and other nonhousing facilities, such
786-10 as administrative, community, and recreational facilities the
786-11 department determines to be necessary, convenient, or desirable
786-12 appurtenances; and
786-13 (B) single and multifamily dwellings in rural
786-14 and urban areas.
786-15 (13) "Housing sponsor" means:
786-16 (A) an individual, including an individual or
786-17 family of low and very low income or family of moderate income,
786-18 joint venture, partnership, limited partnership, trust, firm,
786-19 corporation, or cooperative that is approved by the department as
786-20 qualified to own, construct, acquire, rehabilitate, operate,
786-21 manage, or maintain a housing development, subject to the
786-22 regulatory powers of the department and other terms and conditions
786-23 in this chapter; or
786-24 (B) in an economically depressed or blighted
786-25 area, or in a federally assisted new community located within a
786-26 home-rule municipality, the term may include an individual or
786-27 family whose income exceeds the moderate income level if at least
787-1 90 percent of the total mortgage amount available under a mortgage
787-2 revenue bond issue is designated for individuals and families of
787-3 low income or families of moderate income.
787-4 (14) "Individuals and families of low income" means
787-5 individuals and families earning not more than 80 percent of the
787-6 area median income, as determined under Section 2306.123.
787-7 (15) "Individuals and families of very low income"
787-8 means individuals and families earning not more than 60 percent of
787-9 the area median income, as determined under Section 2306.123.
787-10 (16) "Land development" means:
787-11 (A) acquiring land for residential housing
787-12 construction; and
787-13 (B) making, installing, or constructing
787-14 nonresidential improvements that the department determines are
787-15 necessary or desirable for a housing development to be financed by
787-16 the department, including:
787-17 (i) waterlines and water supply
787-18 installations;
787-19 (ii) sewer lines and sewage disposal
787-20 installations;
787-21 (iii) steam, gas, and electric lines and
787-22 installations; and
787-23 (iv) roads, streets, curbs, gutters, and
787-24 sidewalks, whether on or off the site.
787-25 (17) "Local government" means a county, municipality,
787-26 special district, or any other political subdivision of the state,
787-27 a public, nonprofit housing finance corporation created under
788-1 Chapter 394, Local Government Code, or a combination of those
788-2 entities.
788-3 (18) "Mortgage" means an interest-bearing obligation,
788-4 including a mortgage, mortgage deed, bond, note, deed of trust, or
788-5 other instrument, that is a lien:
788-6 (A) on real property; or
788-7 (B) on a leasehold under a lease having a
788-8 remaining term that, at the time the lien is acquired, does not
788-9 expire until after the maturity date of the interest-bearing
788-10 obligation secured by the lien.
788-11 (19) "Mortgage lender" means a bank, trust company,
788-12 savings bank, mortgage company, mortgage banker, credit union,
788-13 national banking association, savings and loan association, life
788-14 insurance company, or other financial institution authorized to
788-15 transact business in this state and approved as a mortgage lender
788-16 by the department.
788-17 (20) "Mortgage loan" means an interest-bearing
788-18 obligation secured by a mortgage.
788-19 (21) "Municipality" includes only a municipality in
788-20 this state.
788-21 (22) "Public agency" means an agency, board,
788-22 authority, department, commission, political subdivision, municipal
788-23 corporation, district, public corporation, body politic, or
788-24 instrumentality of this state, including a county, municipality,
788-25 housing authority, state-supported institution of higher education,
788-26 school district, junior college, other district or authority, or
788-27 other type of governmental entity of this state.
789-1 (23) "Real estate owned contractor" means a person
789-2 required to meet the obligations of a contract with the housing
789-3 finance division for managing and marketing foreclosed property.
789-4 (24) "Real property" means land, including
789-5 improvements and fixtures on the land, property of any nature
789-6 appurtenant to the land or used in connection with the land, and a
789-7 legal or equitable estate, interest, or right in land, including
789-8 leasehold interests, terms for years, and a judgment, mortgage, or
789-9 other lien.
789-10 (25) "Reserve fund" means the housing finance
789-11 division's reserve fund.
789-12 (26) "Residential housing" means a specific work or
789-13 improvement undertaken primarily to provide dwelling
789-14 accommodations, including the acquisition, construction,
789-15 reconstruction, remodeling, improvement, or rehabilitation of land
789-16 and buildings and improvements to the buildings for residential
789-17 housing and other incidental or appurtenant nonhousing facilities.
789-18 (27) "Servicer" means a person required to meet
789-19 contractual obligations with the housing finance division, or with
789-20 a mortgage lender, relating to a loan financed under Subchapter J,
789-21 including:
789-22 (A) purchasing mortgage certificates backed by
789-23 mortgage loans;
789-24 (B) collecting principal and interest from the
789-25 borrower;
789-26 (C) sending principal and interest payments to
789-27 the division;
790-1 (D) preparing periodic reports;
790-2 (E) notifying the primary mortgage and pool
790-3 insurers of delinquent and foreclosed loans; and
790-4 (F) filing insurance claims on foreclosed
790-5 property. (V.A.C.S. Art. 4413(501), Secs. 1.02(1)-(8), (10)-(18),
790-6 (20)-(23), (24) (part), (25), (26), (28) (part), (29), (30).)
790-7 Sec. 2306.005. REFERENCES TO FORMER LAW. A reference in law
790-8 to the Texas Housing Agency or the Texas Department of Community
790-9 Affairs means the Texas Department of Housing and Community
790-10 Affairs. (Ch. 762, Acts of the 72nd Leg., R.S., 1991, Sec.
790-11 23(b).)
790-12 Sec. 2306.006. RULES OF ABOLISHED AGENCIES. Rules of the
790-13 abolished Texas Housing Agency and the Texas Department of
790-14 Community Affairs continue in effect as rules of the Texas
790-15 Department of Housing and Community Affairs until amended or
790-16 repealed by the department. (Ch. 762, Acts of the 72nd Leg., R.S.,
790-17 1991, Sec. 23(a) (part).)
790-18 Sec. 2306.007. ESTABLISHING ECONOMICALLY DEPRESSED OR
790-19 BLIGHTED AREAS. (a) To establish an economically depressed or
790-20 blighted area under Section 2306.004(5)(B) or (C), the governing
790-21 body of a municipality must hold a public hearing and find that the
790-22 area:
790-23 (1) substantially impairs or arrests the sound growth
790-24 of the municipality; or
790-25 (2) is an economic or social liability and is a menace
790-26 to the public health, safety, morals, or welfare in its present
790-27 condition and use.
791-1 (b) The governing body of a municipality holding a hearing
791-2 under this section must give notice as provided by Chapter 551,
791-3 except that notice must be published not less than 10 days before
791-4 the date of the hearing. (V.A.C.S. Art. 4413(501), Sec. 1.02(28)
791-5 (part).)
791-6 (Sections 2306.008-2306.020 reserved for expansion)
791-7 SUBCHAPTER B. GOVERNING BOARD AND DEPARTMENT
791-8 Sec. 2306.021. DEPARTMENT DIVISIONS. (a) The Texas
791-9 Department of Housing and Community Affairs is a public and
791-10 official agency of the state and is a political and corporate body.
791-11 (b) The department is composed of:
791-12 (1) the community affairs division;
791-13 (2) the housing finance division; and
791-14 (3) any other division created by the director.
791-15 (V.A.C.S. Art. 4413(501), Secs. 1.01(a) (part), 1.07(1) (part),
791-16 1.14(a).)
791-17 Sec. 2306.022. APPLICATION OF SUNSET ACT. The Texas
791-18 Department of Housing and Community Affairs is subject to Chapter
791-19 325 (Texas Sunset Act). Unless continued in existence as provided
791-20 by that chapter, the department is abolished and this chapter
791-21 expires September 1, 1999. (V.A.C.S. Art. 4413(501), Sec. 1.04.)
791-22 Sec. 2306.023. SEPARATION OF DIVISIONS. The duties of the
791-23 housing finance division shall be kept separate from the duties of
791-24 the community affairs division and each other division established
791-25 in the department. (V.A.C.S. Art. 4413(501), Sec. 1.14(b) (part).)
791-26 Sec. 2306.024. BOARD MEMBERS: APPOINTMENT AND COMPOSITION.
791-27 The board consists of nine members appointed by the governor.
792-1 (V.A.C.S. Art. 4413(501), Secs. 1.05(a), (b).)
792-2 Sec. 2306.025. TERMS OF BOARD MEMBERS. Members of the board
792-3 hold office for staggered terms of six years, with the terms of
792-4 three members expiring on January 31 of each odd-numbered year.
792-5 (V.A.C.S. Art. 4413(501), Sec. 1.05(c) (part).)
792-6 Sec. 2306.026. BOARD PLACES. (a) An individual is eligible
792-7 for appointment to the board if the individual is a registered
792-8 voter of the state and, with the exception of Place 2, does not
792-9 hold another public office.
792-10 (b) Members of the board must be individuals who broadly
792-11 reflect the economic, cultural, and social diversity of the state,
792-12 including ethnic minorities and women. (V.A.C.S. Art. 4413(501),
792-13 Sec. 1.05(f) (part).)
792-14 Sec. 2306.027. ELIGIBILITY. (a) The governor shall make
792-15 appointments to the board as follows:
792-16 (1) Place 1: an individual representing lending
792-17 institutions;
792-18 (2) Place 2: an individual representing local
792-19 government;
792-20 (3) Place 3: an individual representing housing
792-21 construction;
792-22 (4) Place 4: an individual representing
792-23 community-based nonprofit housing organizations;
792-24 (5) Place 5: an individual representing realtors or
792-25 housing developers;
792-26 (6) Place 6: an individual representing individuals
792-27 and families of low or very low income; and
793-1 (7) Places 7 through 9: public members.
793-2 (b) Except as necessary to comply with the requirements of
793-3 Section 2306.026 regarding diversity, appointments to the board
793-4 shall be made without regard to the race, color, handicap, sex,
793-5 religion, age, or national origin of the appointees and shall be
793-6 made in a manner that produces representation on the board of the
793-7 different geographical regions of this state.
793-8 (c) An elected or appointed official of a political
793-9 subdivision appointed to Place 2 on the board is a member of the
793-10 board as an additional or ex officio duty required by the member's
793-11 other official capacity, and the member's service on the board is
793-12 not dual office holding. (V.A.C.S. Art. 4413(501), Secs. 1.05(f)
793-13 (part), (g), (h).)
793-14 Sec. 2306.028. CONFLICT OF INTEREST. An individual is not
793-15 eligible for appointment as a public member of the board if the
793-16 individual or the individual's spouse:
793-17 (1) is employed by or participates in the management
793-18 of a business entity or other organization regulated by the
793-19 department or receiving funds from the department;
793-20 (2) owns or controls, directly or indirectly, more
793-21 than a 10 percent interest in a business entity or other
793-22 organization regulated by the department or receiving funds from
793-23 the department; or
793-24 (3) uses or receives a substantial amount of tangible
793-25 goods, services, or funds from the department, other than
793-26 compensation or reimbursement authorized by law for department
793-27 membership, attendance, or expenses. (V.A.C.S. Art. 4413(501),
794-1 Sec. 1.08.)
794-2 Sec. 2306.029. SURETY BONDS. (a) Before the issuance of
794-3 bonds by the department, each board member shall execute a surety
794-4 bond in the penal sum of $25,000, conditioned on the faithful
794-5 performance of the duties of the member. The bond must be executed
794-6 by a surety company authorized to transact business in this state,
794-7 approved by the attorney general, and filed with the secretary of
794-8 state.
794-9 (b) The surety bonds shall be kept in effect at all times.
794-10 (c) The housing finance division shall pay the costs of the
794-11 surety bonds. (V.A.C.S. Art. 4413(501), Sec. 1.06(e).)
794-12 Sec. 2306.030. PRESIDING OFFICER; OTHER OFFICERS. (a) The
794-13 governor shall appoint a presiding officer from the board members.
794-14 The presiding officer presides at meetings of the board and
794-15 performs other duties required by this chapter.
794-16 (b) The board shall elect the following officers:
794-17 (1) from the members of the board, an assistant
794-18 presiding officer to perform the duties of the presiding officer
794-19 when the presiding officer is not present or is incapable of
794-20 performing duties of the presiding officer;
794-21 (2) a secretary to be the official custodian of the
794-22 minutes, books, records, and seal of the board and to perform other
794-23 duties assigned by the board; and
794-24 (3) a treasurer to perform duties assigned by the
794-25 board.
794-26 (c) The offices of secretary and treasurer may be held by
794-27 one individual, and the holder of each of these offices need not be
795-1 a board member. The board may appoint one or more individuals who
795-2 are not members to be assistant secretaries to perform any duty of
795-3 the secretary.
795-4 (d) Officers of the board shall be elected at the first
795-5 meeting of the board on or after January 31 of each odd-numbered
795-6 year and at any other time as necessary to fill a vacancy.
795-7 (V.A.C.S. Art. 4413(501), Secs. 1.05(i), 1.06(a) (part), (c)
795-8 (part).)
795-9 Sec. 2306.031. MEMBERS' COMPENSATION. Members of the board
795-10 serve without compensation but are entitled to reimbursement for
795-11 actual expenses incurred in attending board meetings and in
795-12 performing the duties of a board member. (V.A.C.S. Art. 4413(501),
795-13 Sec. 1.05(j).)
795-14 Sec. 2306.032. BOARD MEETINGS. (a) The board shall meet at
795-15 least three times annually at the call of the presiding officer and
795-16 other times the board determines are necessary. The time and place
795-17 of the other meetings are to be fixed by a majority vote of the
795-18 board.
795-19 (b) The board may hold special meetings when called by the
795-20 presiding officer, the director, or three of the members.
795-21 (c) The board shall keep complete minutes of board meetings.
795-22 The accounts, minutes, and other records shall be kept at the
795-23 principal office of the department. (V.A.C.S. Art. 4413(501),
795-24 Secs. 1.05(n) (part), 1.06(a) (part), (d).)
795-25 Sec. 2306.033. REMOVAL OF MEMBERS. (a) It is a ground for
795-26 removal from the board that a member:
795-27 (1) does not have at the time of appointment the
796-1 qualifications required by Section 2306.026, 2306.027, or 2306.028
796-2 for appointment to the board;
796-3 (2) does not maintain during the service on the board
796-4 the qualifications required by Section 2306.026, 2306.027, or
796-5 2306.028 for appointment to the board;
796-6 (3) violates a prohibition established by Section
796-7 2306.034 or 2306.035;
796-8 (4) cannot discharge the member's duties for a
796-9 substantial part of the term for which the member is appointed
796-10 because of illness or disability; or
796-11 (5) is absent from more than half of the regularly
796-12 scheduled meetings of the board that the member is eligible to
796-13 attend during a calendar year unless the absence is excused by
796-14 majority vote of the board.
796-15 (b) The validity of an action of the board is not affected
796-16 by the fact that it is taken when a ground for removal of a member
796-17 exists.
796-18 (c) If the director has knowledge that a potential ground
796-19 for removal exists, the director shall notify the presiding officer
796-20 of the board of the ground. The presiding officer shall then
796-21 notify the governor that a potential ground for removal exists.
796-22 (V.A.C.S. Art. 4413(501), Secs. 1.05(k), (l), (m).)
796-23 Sec. 2306.034. DISQUALIFICATION OF MEMBERS AND CERTAIN
796-24 EMPLOYEES. (a) An employee or paid consultant of a Texas trade
796-25 association in the field of banking, real estate, housing
796-26 development, or housing construction may not be a member of the
796-27 board or an employee of the department who is exempt from the
797-1 state's position classification plan or is compensated at or above
797-2 the amount prescribed by the General Appropriations Act for step 1,
797-3 salary group 17, of the position classification salary schedule.
797-4 (b) For the purposes of this section, a Texas trade
797-5 association is a nonprofit, cooperative, and voluntarily joined
797-6 association of business or professional competitors in this state
797-7 designed to assist its members and its industry or profession in
797-8 dealing with mutual business or professional problems and in
797-9 promoting their common interest. (V.A.C.S. Art. 4413(501), Sec.
797-10 1.10.)
797-11 Sec. 2306.035. LOBBYIST RESTRICTION. A person may not serve
797-12 as a member of the board or act as the director of or the general
797-13 counsel to the department if the person is required to register as
797-14 a lobbyist under Chapter 305 because of the person's activities for
797-15 compensation in or on behalf of a profession related to the
797-16 operation of the department. (V.A.C.S. Art. 4413(501), Sec. 1.11.)
797-17 Sec. 2306.036. DIRECTOR: APPOINTMENT; TERM. The governor
797-18 shall appoint the director with the advice and consent of the
797-19 senate. The director serves at the pleasure of the governor during
797-20 the governor's terms of office. (V.A.C.S. Art. 4413(501), Sec.
797-21 1.09(a) (part).)
797-22 Sec. 2306.037. DIRECTOR'S COMPENSATION. The governor shall
797-23 set the salary of the director. (V.A.C.S. Art. 4413(501), Sec.
797-24 1.09(a) (part).)
797-25 Sec. 2306.038. ACTING DIRECTOR. The governor shall
797-26 establish a procedure for designating an acting director and shall
797-27 immediately designate an acting director or a new permanent
798-1 director if the position becomes vacant because of absence or
798-2 disability. (V.A.C.S. Art. 4413(501), Sec. 1.13.)
798-3 (Sections 2306.039-2306.050 reserved for expansion)
798-4 SUBCHAPTER C. POWERS AND DUTIES
798-5 Sec. 2306.051. BOARD DUTIES. The board shall consult with
798-6 and advise the director on the affairs and problems of local
798-7 government and the work of the department. (V.A.C.S. Art.
798-8 4413(501), Sec. 1.05(n) (part).)
798-9 Sec. 2306.052. DIRECTOR'S POWERS AND DUTIES. (a) The
798-10 director is the administrator and the head of the department and
798-11 must be an individual qualified by training and experience to
798-12 perform the duties of the office.
798-13 (b) The director shall:
798-14 (1) administer and organize the work of the department
798-15 consistent with this chapter and with sound organizational
798-16 management that promotes efficient and effective operation;
798-17 (2) appoint and remove officers and other personnel
798-18 employed by the department, subject to the annual budget and any
798-19 resolution authorizing the issuance of bonds under this chapter;
798-20 (3) submit, through and with the approval of the
798-21 governor, requests for appropriations and other money to operate
798-22 the department;
798-23 (4) administer all money entrusted to the department;
798-24 (5) make an annual report to the governor and the
798-25 legislature of the department's operations and provide other
798-26 reports requested by the governor or the legislature; and
798-27 (6) perform other functions that may be assigned by
799-1 the governor.
799-2 (c) The director shall develop and implement the policies
799-3 established by the board that define the responsibilities of:
799-4 (1) the director, board, and staff of the department;
799-5 and
799-6 (2) the community affairs division, the housing
799-7 finance division, and any other division.
799-8 (d) The director is authorized to assign functions and
799-9 duties to the various offices and divisions, to provide for
799-10 additional offices, and to reorganize the department when necessary
799-11 to improve efficiency or effectiveness. (V.A.C.S. Art. 4413(501),
799-12 Secs. 1.09(a) (part), (g); 1.14(d).)
799-13 Sec. 2306.053. DEPARTMENT POWERS AND DUTIES. (a) The
799-14 department shall:
799-15 (1) maintain suitable headquarters and other offices
799-16 in this state that the director determines are necessary; and
799-17 (2) furnish the information, equipment, and staff
799-18 necessary to implement the work of the board.
799-19 (b) The department may:
799-20 (1) sue and be sued, or plead and be impleaded;
799-21 (2) act for and on behalf of this state;
799-22 (3) adopt an official seal or alter it;
799-23 (4) adopt and enforce bylaws and rules;
799-24 (5) contract with the federal government, state, any
799-25 public agency, mortgage lender, person, or other entity;
799-26 (6) designate mortgage lenders to act for the
799-27 department for the origination, processing, and servicing of the
800-1 department's mortgage loans under conditions agreed to by the
800-2 parties;
800-3 (7) provide, contract, or arrange for consolidated
800-4 processing of a housing development to avoid duplication;
800-5 (8) encourage homeless individuals and individuals of
800-6 low or very low income to attend the department's educational
800-7 programs and assist those individuals in attending the programs;
800-8 (9) appoint and determine the qualifications, duties,
800-9 and tenure of its agents, counselors, and professional advisors,
800-10 including accountants, appraisers, architects, engineers, financial
800-11 consultants, housing construction and financing experts, and real
800-12 estate consultants; and
800-13 (10) do all things necessary, convenient, or desirable
800-14 to carry out the powers expressly granted or necessarily implied by
800-15 this chapter. (V.A.C.S. Art. 4413(501), Secs. 1.05(n) (part),
800-16 1.07 (part), 1.14(f).)
800-17 (Sections 2306.054-2306.060 reserved for expansion)
800-18 SUBCHAPTER D. GENERAL ADMINISTRATIVE PROVISIONS
800-19 Sec. 2306.061. INFORMATION ON QUALIFICATIONS AND CONDUCT.
800-20 The director shall become aware of and provide to the board members
800-21 and the department employees, as often as necessary, information
800-22 about the director's, members', and employees':
800-23 (1) qualifications for office or employment under this
800-24 chapter; and
800-25 (2) responsibilities under applicable laws relating to
800-26 standards of conduct for state officers or employees. (V.A.C.S.
800-27 Art. 4413(501), Sec. 1.09(h).)
801-1 Sec. 2306.062. CAREER LADDER. The director or the
801-2 director's designee shall develop an intraagency career ladder
801-3 program. The program shall require intraagency postings of all
801-4 nonentry level positions concurrently with any public posting.
801-5 (V.A.C.S. Art. 4413(501), Sec. 1.09(b).)
801-6 Sec. 2306.063. PERFORMANCE EVALUATIONS. The director or the
801-7 director's designee shall develop a system of annual performance
801-8 evaluations. All merit pay for department employees must be based
801-9 on the system established under this section. (V.A.C.S. Art.
801-10 4413(501), Sec. 1.09(c).)
801-11 Sec. 2306.064. EQUAL EMPLOYMENT OPPORTUNITIES. (a) The
801-12 director or the director's designee shall prepare and maintain a
801-13 written policy statement to ensure implementation of a program of
801-14 equal employment opportunity under which all personnel transactions
801-15 are made without regard to race, color, disability, sex, religion,
801-16 age, or national origin. The policy statement must include:
801-17 (1) a comprehensive analysis of the department work
801-18 force that meets federal and state guidelines;
801-19 (2) personnel policies, including policies relating to
801-20 recruitment, evaluation, selection, appointment, training, and
801-21 promotion of personnel;
801-22 (3) procedures by which a determination can be made of
801-23 significant underuse in the department work force of all persons
801-24 for whom federal or state guidelines encourage a more equitable
801-25 balance; and
801-26 (4) reasonable methods to appropriately address those
801-27 areas of significant underuse.
802-1 (b) A policy statement prepared under Subsection (a) must
802-2 cover an annual period, be updated at least annually, and be filed
802-3 with the governor's office.
802-4 (c) The governor's office shall deliver a biennial report to
802-5 the legislature based on the information received under Subsection
802-6 (b). The report may be made separately or as a part of other
802-7 biennial reports made to the legislature. (V.A.C.S. Art.
802-8 4413(501), Secs. 1.09(d), (e), (f).)
802-9 Sec. 2306.065. DISCRIMINATION PROHIBITED. An individual may
802-10 not, because of that individual's race, color, national origin, or
802-11 sex, be excluded from participation, be denied benefits, or be
802-12 subjected to discrimination in any program or activity funded in
802-13 whole or in part with funds made available under this chapter.
802-14 (V.A.C.S. Art. 4413(501), Sec. 4.01.)
802-15 Sec. 2306.066. INFORMATION AND COMPLAINTS. (a) The
802-16 department shall prepare information of public interest describing
802-17 the functions of the department and the procedures by which
802-18 complaints are filed with and resolved by the department. The
802-19 department shall make the information available to the public and
802-20 appropriate state agencies.
802-21 (b) The department shall keep an information file about each
802-22 complaint filed with the department that the department has
802-23 authority to resolve.
802-24 (c) If a written complaint is filed with the department that
802-25 the department has authority to resolve, the department, at least
802-26 quarterly and until final disposition of the complaint, shall
802-27 notify the parties to the complaint of the status of the complaint
803-1 unless the notice would jeopardize an undercover investigation.
803-2 (d) The board shall develop and implement policies that
803-3 provide the public with a reasonable opportunity to appear before
803-4 the board and to speak on any issue under the jurisdiction of the
803-5 board.
803-6 (e) The director shall prepare and maintain a written plan
803-7 that describes how an individual who does not speak English or who
803-8 has a physical, mental, or developmental disability may be provided
803-9 reasonable access to and participation in the department's
803-10 programs. (V.A.C.S. Art. 4413(501), Sec. 1.18.)
803-11 Sec. 2306.067. LOANED EMPLOYEES. (a) The director may
803-12 enter into reciprocal agreements with a state agency or
803-13 instrumentality or local government to loan or assign department
803-14 employees to that entity.
803-15 (b) A state agency or instrumentality or local government
803-16 may loan or assign employees to the department, with or without
803-17 reimbursement, by agreement between the department and the other
803-18 party. The department may contract to reimburse all costs
803-19 incidental to loaning or assigning employees.
803-20 (c) An employee loaned or assigned to the department is an
803-21 employee of the lending agency or unit for purposes of salary,
803-22 leave, retirement, and other personnel benefits. The loaned or
803-23 assigned employee is under the supervision of personnel of the
803-24 department and is an employee of the department for all other
803-25 purposes. (V.A.C.S. Art. 4413(501), Secs. 1.14(e), 1.15.)
803-26 Sec. 2306.068. INTERAGENCY COOPERATION. An agency or
803-27 institution of the state shall cooperate with the department by
804-1 providing personnel, information, and technical advice as the
804-2 department assists the governor in:
804-3 (1) the coordination of federal and state activities
804-4 affecting local government; and
804-5 (2) providing affordable housing for individuals and
804-6 families of low and very low income and families of moderate
804-7 income. (V.A.C.S. Art. 4413(501), Sec. 1.16.)
804-8 Sec. 2306.069. OUTSIDE LEGAL COUNSEL. The department shall
804-9 obtain and evaluate information regarding the affirmative action
804-10 policies and practices of proposed outside legal counsel. The
804-11 department must include the evaluation in a request to the attorney
804-12 general for outside legal counsel. (V.A.C.S. Art. 4413(501), Sec.
804-13 1.21.)
804-14 Sec. 2306.070. BUDGET. In preparing the department's
804-15 legislative appropriations request, the department shall also
804-16 prepare an operating budget for the housing finance division. The
804-17 department shall submit the operating budget to the Legislative
804-18 Budget Board, the Senate Finance Committee, and the House
804-19 Appropriations Committee. (V.A.C.S. Art. 4413(501), Sec. 1.19(c).)
804-20 Sec. 2306.071. FUNDS. (a) The department may request,
804-21 contract for, receive, and spend for its purposes an appropriation,
804-22 grant, allocation, subsidy, rent supplement, guarantee, aid,
804-23 contribution, gift, service, labor, or material from this state,
804-24 the federal government, or another public or private source.
804-25 (b) The funds and revenues of the housing finance division
804-26 shall be kept separate from the funds and revenues of the other
804-27 divisions, and the other divisions may not use funds and revenues
805-1 of the housing finance division for any purpose.
805-2 (c) Except for legislative appropriations, which shall be
805-3 kept in the state treasury, all funds and revenue received by the
805-4 housing finance division are to be kept outside the state treasury.
805-5 (V.A.C.S. Art. 4413(501), Secs. 1.14(b) (part), 1.17.)
805-6 Sec. 2306.072. ANNUAL REPORT. (a) The department shall
805-7 file annually with the governor and the presiding officer of each
805-8 house of the legislature a complete and detailed written report
805-9 accounting for all funds received and disbursed by the department
805-10 during the preceding fiscal year. The annual report must be in the
805-11 form and reported in the time provided by the General
805-12 Appropriations Act.
805-13 (b) On or before January 1 of each year, the department
805-14 shall prepare a report of its activities for the preceding fiscal
805-15 year for the governor and the legislature. The report must include
805-16 a complete operating and financial statement. (V.A.C.S. Art.
805-17 4413(501), Secs. 1.19(a) (part), (b).)
805-18 Sec. 2306.073. INTERNAL AUDIT. (a) The director, with the
805-19 approval of the board, shall appoint an internal auditor who
805-20 reports directly to the board on matters concerning housing
805-21 finance, the community affairs division, or any other division.
805-22 (b) The internal auditor shall:
805-23 (1) prepare an annual audit plan using risk assessment
805-24 techniques to rank high risk functions in the department; and
805-25 (2) submit the annual audit plan to the director and
805-26 board for consideration and approval or change as necessary or
805-27 advisable.
806-1 (c) The internal auditor may bring before the director or
806-2 board an issue outside the annual audit plan that requires the
806-3 immediate attention of the director or board.
806-4 (d) The internal auditor may not be assigned any operational
806-5 or management responsibilities that impair the ability of the
806-6 internal auditor to make an independent examination of the
806-7 department's operations.
806-8 (e) The department shall give the internal auditor
806-9 unrestricted access to activities and records of the department
806-10 unless restricted by other law. (V.A.C.S. Art. 4413(501),
806-11 Sec. 1.20.)
806-12 Sec. 2306.074. AUDIT. (a) The state auditor or a certified
806-13 public accountant shall audit the department's books and accounts
806-14 each fiscal year and file a copy of the audit with the governor and
806-15 the legislature on or before January 1 of each year. If the state
806-16 auditor is conducting the audit and it is not available by January
806-17 1, it must be filed as soon as it is available.
806-18 (b) The department shall pay for the audit. (V.A.C.S.
806-19 Art. 4413(501), Sec. 1.19(a) (part).)
806-20 Sec. 2306.075. TAX EXEMPTION. The property of the
806-21 department, its income, and its operations are exempt from all
806-22 taxes and assessments imposed by this state and all public agencies
806-23 on property acquired or used by the department under this chapter.
806-24 (V.A.C.S. Art. 4413(501), Sec. 1.22.)
806-25 (Sections 2306.076-2306.090 reserved for expansion)
806-26 SUBCHAPTER E. COMMUNITY AFFAIRS DIVISION
806-27 Sec. 2306.091. GENERAL FUNCTIONS. The functions of the
807-1 community affairs division include:
807-2 (1) intergovernmental cooperation;
807-3 (2) regional and community services including rural
807-4 community services;
807-5 (3) research;
807-6 (4) economic opportunity; and
807-7 (5) education and training. (V.A.C.S. Art. 4413(501),
807-8 Sec. 1.14(c).)
807-9 Sec. 2306.092. DUTIES. The department, through the
807-10 community affairs division, shall:
807-11 (1) maintain communication with local governments and
807-12 act as an advocate for local governments at the state and federal
807-13 levels;
807-14 (2) assist local governments with advisory and
807-15 technical services;
807-16 (3) provide financial aid to local governments and
807-17 combinations of local governments for programs that are authorized
807-18 to receive assistance;
807-19 (4) provide information about and referrals for state
807-20 and federal programs and services that affect local governments;
807-21 (5) administer, conduct, or jointly sponsor
807-22 educational and training programs for local government officials;
807-23 (6) conduct research on problems of general concern to
807-24 local governments;
807-25 (7) collect, publish, and distribute information
807-26 useful to local governments, including information on:
807-27 (A) local government finances and employment;
808-1 (B) housing;
808-2 (C) population characteristics; and
808-3 (D) land use patterns;
808-4 (8) encourage cooperation among local governments as
808-5 appropriate;
808-6 (9) advise and inform the governor and the legislature
808-7 about the affairs of local governments and recommend necessary
808-8 action;
808-9 (10) assist the governor in coordinating federal and
808-10 state activities affecting local governments;
808-11 (11) administer, as appropriate:
808-12 (A) state responsibilities for programs created
808-13 under the federal Economic Opportunity Act of 1964 (42 U.S.C.
808-14 Section 2701 et seq.);
808-15 (B) programs assigned to the department under
808-16 the Omnibus Budget Reconciliation Act of 1981 (Pub.L. No. 97-35);
808-17 and
808-18 (C) other federal acts creating economic
808-19 opportunity programs assigned to the department;
808-20 (12) adopt rules that are necessary and proper to
808-21 carry out programs and responsibilities assigned by the legislature
808-22 or the governor; and
808-23 (13) perform other duties relating to local government
808-24 that are assigned by the legislature or the governor. (V.A.C.S.
808-25 Art. 4413(501), Sec. 2.01(a).)
808-26 Sec. 2306.093. HOUSING ASSISTANCE GOAL. By action of the
808-27 board the community affairs division shall have a goal to apply a
809-1 minimum of 25 percent of the division's total housing-related funds
809-2 toward housing assistance for individuals and families of very low
809-3 income. (V.A.C.S. Art. 4413(501), Sec. 2.01(b).)
809-4 Sec. 2306.094. SPECIAL ADVISORY COUNCILS. (a) The governor
809-5 may, with the advice of the director, appoint special advisory
809-6 councils to:
809-7 (1) assist the board in adopting basic policy for the
809-8 community affairs division; or
809-9 (2) offer advice on technical aspects of certain
809-10 programs that the community affairs division administers.
809-11 (b) A special advisory council is dissolved on completion of
809-12 its stated purpose unless continued by the governor. (V.A.C.S.
809-13 Art. 4413(501), Sec. 2.02.)
809-14 Sec. 2306.095. TRANSFERS FROM GOVERNOR. The governor may
809-15 transfer to the community affairs division personnel, equipment,
809-16 records, obligations, appropriations, functions, and duties of
809-17 appropriate divisions of the governor's office. (V.A.C.S.
809-18 Art. 4413(501), Sec. 2.03.)
809-19 Sec. 2306.096. MULTIPURPOSE HUMAN RESOURCE CENTERS. (a) To
809-20 provide the most effective and efficient delivery of human resource
809-21 services to individuals and families of low income, as well as the
809-22 total population, the department, through the community affairs
809-23 division, may establish multipurpose human resource centers in
809-24 various communities.
809-25 (b) The department, through the community affairs division,
809-26 may:
809-27 (1) locate and lease with state funds suitable office
810-1 space at the community level that is easily accessible to clients
810-2 of human resource service delivery agencies; and
810-3 (2) make the space available to those agencies.
810-4 (c) A state or local government agency or a private,
810-5 nonprofit human resource agency that has filed with the state a
810-6 state or regional plan for delivery of human resource services is
810-7 eligible to place staff in a community multipurpose human resource
810-8 service center.
810-9 (d) The department shall report annually to the governor and
810-10 the legislature the agencies that are and are not placing human
810-11 resource delivery staff in available community multipurpose human
810-12 resource service centers.
810-13 (e) The Community Multipurpose Human Resource Service Center
810-14 Fund is in the state treasury. The fund shall be used to provide:
810-15 (1) the state's share of the rental costs for
810-16 community multipurpose human resource service centers; and
810-17 (2) the administrative costs of the centers'
810-18 operation. (V.A.C.S. Art. 4413(501), Sec. 2.04.)
810-19 Sec. 2306.097. ENERGY SERVICES PROGRAM FOR LOW-INCOME
810-20 INDIVIDUALS. (a) The Energy Services Program for Low-Income
810-21 Individuals is in the community affairs division.
810-22 (b) The program shall operate in conjunction with the
810-23 community service block grant program and has jurisdiction and
810-24 responsibility for administration of the following elements of the
810-25 State Low-Income Energy Assistance Program, from whatever sources
810-26 funded:
810-27 (1) the Energy Crisis Intervention Program; and
811-1 (2) the weatherization program. (V.A.C.S. Art.
811-2 4413(501), Sec. 2.05.)
811-3 Sec. 2306.098. ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK
811-4 GRANT PROGRAM; ALLOCATION OF FUNDS. (a) The department, through
811-5 the community affairs division, shall, under the Omnibus Budget
811-6 Reconciliation Act of 1981 (Pub.L. No. 97-35) and 24 CFR, Part 570,
811-7 Subpart I, administer the state's allocation of federal funds
811-8 provided under the community development block grant nonentitlement
811-9 program authorized by Title I of the Housing and Community
811-10 Development Act of 1974 (42 U.S.C. Section 5301 et seq.).
811-11 (b) Community development block grant program funds shall be
811-12 allocated to eligible counties and municipalities under department
811-13 rules. (V.A.C.S. Art. 4413(501), Secs. 2.06, 2.07.)
811-14 Sec. 2306.099. TRANSFER OF FEDERAL FUNDS. (a) The
811-15 department may enter into an interagency agreement with the Texas
811-16 Department of Commerce to transfer not more than 20 percent of the
811-17 federal funds received by the department to the Texas Department of
811-18 Commerce to be used for economic development.
811-19 (b) Federal funds transferred under this section include the
811-20 amount of federal funds designated for administrative expenses
811-21 under federal law.
811-22 (c) Income received from economic development programs of
811-23 the Texas Department of Commerce remain with that agency.
811-24 (d) Use of funds transferred under this section must be
811-25 approved by the department.
811-26 (e) A rule of the Texas Department of Commerce relating to
811-27 funds transferred under this section must be approved by the
812-1 department.
812-2 (f) The Texas Department of Commerce shall return to the
812-3 department under an interagency agreement federal funds transferred
812-4 under this section that are not used in a timely manner under
812-5 federal guidelines. (V.A.C.S. Art. 4413(501), Secs. 2.08, 2.09.)
812-6 Sec. 2306.100. STATE COMMUNITY DEVELOPMENT REVIEW COMMITTEE.
812-7 (a) The state community development review committee is composed
812-8 of 12 members appointed by the governor.
812-9 (b) A committee member must be:
812-10 (1) a member of the governing body of a county or
812-11 municipality eligible for funding under the community development
812-12 block grant program; or
812-13 (2) a county or municipal employee who is a supervisor
812-14 and whose regular duties include involvement in community
812-15 development activities.
812-16 (c) The ratio of county officials serving as committee
812-17 members to all committee members may not exceed the ratio of all
812-18 counties eligible for funding under the community development block
812-19 grant program to all eligible applicants.
812-20 (d) The governor shall designate the presiding officer of
812-21 the committee, who serves at the governor's pleasure.
812-22 (e) Committee members serve two-year terms expiring February
812-23 1 of each odd-numbered year.
812-24 (f) A committee member serves without compensation for
812-25 service on the committee, but is entitled to reimbursement for
812-26 reasonable and necessary expenses incurred in performing the
812-27 member's duties.
813-1 (g) Service on the committee by an officer or employee of a
813-2 county or municipality is an additional duty of the individual's
813-3 office or employment and is not dual officeholding.
813-4 (h) The committee shall meet at least twice annually at the
813-5 director's call.
813-6 (i) The committee shall:
813-7 (1) consult with and advise the director on the
813-8 administration and enforcement of the community development block
813-9 grant program; and
813-10 (2) review funding applications of eligible counties
813-11 and municipalities and advise and assist the director regarding the
813-12 allocation of program funds to those applicants.
813-13 (j) The committee may annually recommend to the director a
813-14 formula for allocating funds to each geographic state planning
813-15 region established by the governor under Chapter 391, Local
813-16 Government Code. The formula must give preference to regions
813-17 according to the regions' needs. (V.A.C.S. Art. 4413(501),
813-18 Sec. 2.10.)
813-19 (Sections 2306.101-2306.110 reserved for expansion)
813-20 SUBCHAPTER F. HOUSING FINANCE DIVISION:
813-21 GENERAL PROVISIONS
813-22 Sec. 2306.111. HOUSING ASSISTANCE GOAL. The housing finance
813-23 division shall adopt a goal to apply a minimum of 25 percent of the
813-24 division's total housing funds toward housing assistance for
813-25 individuals and families of very low income. (V.A.C.S. Art.
813-26 4413(501), Sec. 3.01(b).)
813-27 Sec. 2306.112. PREPARATION AND CONTENT OF ANNUAL BUDGET.
814-1 (a) On or before August 1 of each year, the director shall file
814-2 with the board a proposed annual budget for the housing finance
814-3 division for the succeeding fiscal year.
814-4 (b) The budget shall state:
814-5 (1) the general categories of expected expenditures
814-6 from revenues and income of the housing finance division;
814-7 (2) the amount of expected expenditures for each
814-8 category;
814-9 (3) expected operating expenses of the housing finance
814-10 division; and
814-11 (4) the proposed use of projected year-end
814-12 unencumbered balances.
814-13 (c) The budget may include a provision or reserve for
814-14 contingencies or overexpenditures. (V.A.C.S. Art. 4413(501), Sec.
814-15 3.05(a).)
814-16 Sec. 2306.113. BOARD CONSIDERATION OF ANNUAL BUDGET. On or
814-17 before September 1 of each year, the board shall consider the
814-18 director's proposed annual budget for the housing finance division
814-19 and shall approve or change the budget as the board determines
814-20 necessary or advisable. (V.A.C.S. Art. 4413(501), Sec. 3.05(b)
814-21 (part).)
814-22 Sec. 2306.114. FILING OF ANNUAL BUDGET. (a) Copies of the
814-23 annual budget certified by the presiding officer of the board shall
814-24 be filed promptly with the governor and the legislature.
814-25 (b) The annual budget is not effective until filed.
814-26 (V.A.C.S. Art. 4413(501), Sec. 3.05(b) (part).)
814-27 Sec. 2306.115. FAILURE TO ADOPT ANNUAL BUDGET. If the board
815-1 does not adopt the annual budget on or before September 1, the
815-2 budget for the preceding year remains in effect until a new budget
815-3 is adopted. (V.A.C.S. Art. 4413(501), Sec. 3.05(c).)
815-4 Sec. 2306.116. AMENDED ANNUAL BUDGET. (a) The board may
815-5 adopt an amended annual budget during the fiscal year.
815-6 (b) An amended annual budget does not supersede a prior
815-7 budget until it is filed with the governor and the legislature.
815-8 (V.A.C.S. Art. 4413(501), Sec. 3.05(d).)
815-9 Sec. 2306.117. PAYMENT OF EXPENSES; INDEBTEDNESS. (a) The
815-10 expenses incurred in carrying out the functions of the housing
815-11 finance division may be paid only from revenues or funds provided
815-12 under this chapter.
815-13 (b) This chapter does not authorize the housing finance
815-14 division to incur debt or liability on behalf of or payable by the
815-15 state, except as provided by this chapter or other law. (V.A.C.S.
815-16 Art. 4413(501), Sec. 3.05(e).)
815-17 Sec. 2306.118. DEPOSIT OF FUNDS WITH TEXAS TREASURY
815-18 SAFEKEEPING TRUST COMPANY. Except as provided by Section 2306.120,
815-19 revenue and funds of the department received by or payable through
815-20 the programs and functions of the housing finance division, other
815-21 than funds necessary for the operation of the housing finance
815-22 division and appropriated funds, shall be deposited outside the
815-23 treasury with the Texas Treasury Safekeeping Trust Company.
815-24 (V.A.C.S. Art. 4413(501), Sec. 3.06(a).)
815-25 Sec. 2306.119. SELECTION OF DEPOSITORY FOR OPERATING FUNDS.
815-26 (a) The department shall choose a depository for the operating
815-27 funds of the housing finance division after inviting bids for
816-1 favorable interest rates.
816-2 (b) The housing finance division shall publish notice in at
816-3 least one newspaper of general circulation in this state no later
816-4 than the 14th day before the last day set for the receipt of the
816-5 bids.
816-6 (c) Notice published under this section must state the:
816-7 (1) types of deposits planned;
816-8 (2) last day on which bids will be received; and
816-9 (3) time and place for opening bids.
816-10 (d) Sealed bids must be:
816-11 (1) identified on the envelope as bids; and
816-12 (2) submitted to the housing finance division before
816-13 the deadline for receiving bids.
816-14 (e) The housing finance division shall provide a tabulation
816-15 of all submitted bids for public inspection.
816-16 (f) The department shall choose the depository submitting
816-17 the bid with the most favorable financial terms to the department,
816-18 considering the security and efficiency with which the depository
816-19 is capable of managing the department's funds. (V.A.C.S. Art.
816-20 4413(501), Secs. 3.06(b), (c), (d).)
816-21 Sec. 2306.120. SELECTION OF DEPOSITORY UNDER COVENANTS OF
816-22 BONDS OR TRUST INDENTURES. (a) If covenants related to the
816-23 department's bonds or the trust indentures governing the bonds
816-24 specify one or more depositories or set out a method of selecting
816-25 depositories different from the method required by this subchapter,
816-26 the covenants prevail regarding the funds to which they apply and
816-27 the funds are not required to be deposited with the Texas Treasury
817-1 Safekeeping Trust Company.
817-2 (b) Bonds of the housing finance division issued under trust
817-3 indentures executed or resolutions adopted on or after September 1,
817-4 1991, may not include a covenant that interferes with the deposit
817-5 of funds in the Texas Treasury Safekeeping Trust Company.
817-6 (V.A.C.S. Art. 4413(501), Sec. 3.06(e).)
817-7 Sec. 2306.121. RECORDS. The housing finance division shall
817-8 keep complete records and accounts of its business transactions
817-9 according to generally accepted accounting principles. (V.A.C.S.
817-10 Art. 4413(501), Sec. 3.07.)
817-11 Sec. 2306.122. ANNUAL REPORT. (a) The housing finance
817-12 division shall examine:
817-13 (1) the ethnicity and income of applicants and
817-14 recipients under housing finance division programs; and
817-15 (2) the amount funded for and the geographic location
817-16 of housing units assisted by programs of the housing finance
817-17 division.
817-18 (b) This section does not require a borrower to disclose the
817-19 borrower's race or ethnicity if that information is protected from
817-20 disclosure under state or federal law.
817-21 (c) The department shall publish the findings made under
817-22 this section in an annual report made to the board and available to
817-23 the general public. (V.A.C.S. Art. 4413(501), Sec. 3.08.)
817-24 Sec. 2306.123. AREA MEDIAN INCOME. The department may
817-25 determine the median income of an individual or family for an area
817-26 by using a source or methodology acceptable under federal law or
817-27 rule. (V.A.C.S. Art. 4413(501), Sec. 3.10.)
818-1 Sec. 2306.124. RULES REGARDING HOUSING DEVELOPMENTS. The
818-2 department may adopt and publish rules regarding the:
818-3 (1) making of mortgage loans under this subchapter;
818-4 (2) regulation of borrowers;
818-5 (3) construction of ancillary commercial facilities;
818-6 and
818-7 (4) resale and disposition of real property, or an
818-8 interest in the property, that is financed by the department.
818-9 (V.A.C.S. Art. 4413(501), Sec. 3.11(c).)
818-10 Sec. 2306.125. COURT ACTIONS. (a) The department may
818-11 institute a judicial action or proceeding against a housing sponsor
818-12 receiving a loan or owning a housing development under this chapter
818-13 to:
818-14 (1) enforce this chapter;
818-15 (2) enforce the terms and provisions of an agreement
818-16 or contract between the department and the recipient of a loan
818-17 under this chapter, including provisions regarding rental or
818-18 carrying charges and income limits as applied to tenants or
818-19 occupants;
818-20 (3) foreclose its mortgage; or
818-21 (4) protect:
818-22 (A) the public interest;
818-23 (B) individuals and families of low and very low
818-24 income or families of moderate income;
818-25 (C) stockholders; or
818-26 (D) creditors of the sponsor.
818-27 (b) In an action or proceeding under this section, the
819-1 department may apply for the appointment of a trustee or receiver
819-2 to assume the management and operation of the affairs of a housing
819-3 sponsor.
819-4 (c) The department, through its designated agent, may accept
819-5 appointment as trustee or receiver of a housing sponsor when
819-6 appointed by a court of competent jurisdiction. (V.A.C.S. Art.
819-7 4413(501), Sec. 3.11(e).)
819-8 Sec. 2306.126. EXEMPTION FROM PROPERTY TAX. (a) The
819-9 department may, under its terms, conditions, and rules, pay public
819-10 agencies in lieu of ad valorem taxes on property that the
819-11 department acquires through foreclosure or sale under a deed of
819-12 trust.
819-13 (b) The department shall make payments under this section
819-14 instead of paying taxes whenever practicable with money lawfully
819-15 available for this purpose, subject to the provisions of any bond
819-16 resolution. (V.A.C.S. Art. 4413(501), Sec. 3.09.)
819-17 (Sections 2306.127-2306.140 reserved for expansion)
819-18 SUBCHAPTER G. HOUSING FINANCE DIVISION: GENERAL POWERS AND
819-19 DUTIES OF BOARD
819-20 Sec. 2306.141. RULES. The board shall adopt rules governing
819-21 the administration of the housing finance division and its
819-22 programs. (V.A.C.S. Art. 4413(501), Sec. 3.02 (part).)
819-23 Sec. 2306.142. AUTHORIZATION OF BONDS. In its discretion,
819-24 the board shall authorize all bonds issued by the housing finance
819-25 division. (V.A.C.S. Art. 4413(501), Sec. 3.02 (part).)
819-26 Sec. 2306.143. ANNUAL REPORT. The board must approve an
819-27 annual report of the housing finance division. (V.A.C.S. Art.
820-1 4413(501), Sec. 3.02 (part).)
820-2 Sec. 2306.144. FEES FOR SERVICES AND FACILITIES; PAYMENT OF
820-3 DEPARTMENT OBLIGATIONS AND EXPENSES. (a) The board shall
820-4 establish and collect sufficient fees for services and facilities.
820-5 (b) The board shall use available sources of revenue,
820-6 income, and receipts to:
820-7 (1) pay all expenses of the department's operation and
820-8 maintenance;
820-9 (2) pay the principal and interest on department
820-10 bonds; and
820-11 (3) create and maintain the reserves or funds provided
820-12 by each resolution authorizing the issuance of department bonds.
820-13 (V.A.C.S. Art. 4413(501), Sec. 3.37 (part).)
820-14 Sec. 2306.145. LOAN PROCEDURES. The board shall adopt
820-15 procedures for approving loans, purchases of loans and interests in
820-16 loans, and commitments to purchase loans under this chapter.
820-17 (V.A.C.S. Art. 4413(501), Sec. 3.02 (part).)
820-18 Sec. 2306.146. INTEREST RATES AND AMORTIZATION SCHEDULES.
820-19 The board shall establish interest rates and amortization schedules
820-20 for loans made or financed under this chapter. (V.A.C.S. Art.
820-21 4413(501), Sec. 3.02 (part).)
820-22 Sec. 2306.147. FEES AND PENALTIES. The board shall
820-23 establish a schedule of fees and penalties relating to the
820-24 operation of the housing finance division and authorized by this
820-25 chapter, including application, processing, loan commitment,
820-26 origination, servicing, and administrative fees. (V.A.C.S. Art.
820-27 4413(501), Sec. 3.02 (part).)
821-1 Sec. 2306.148. UNDERWRITING STANDARDS. The board shall
821-2 adopt underwriting standards for loans made or financed by the
821-3 housing finance division. (V.A.C.S. Art. 4413(501), Sec. 3.02
821-4 (part).)
821-5 Sec. 2306.149. APPROVED MORTGAGE LENDERS. The board shall
821-6 compile a list of approved mortgage lenders. (V.A.C.S. Art.
821-7 4413(501), Sec. 3.02 (part).)
821-8 Sec. 2306.150. PROPERTY STANDARDS. The board shall adopt
821-9 minimum property standards for housing developments financed or
821-10 acquired under this chapter. (V.A.C.S. Art. 4413(501), Sec. 3.02
821-11 (part).)
821-12 Sec. 2306.151. TARGET STRATEGY FOR BOND PROCEEDS. The board
821-13 shall adopt a target strategy for the percentage of mortgage
821-14 revenue bond proceeds to be made available to individuals and
821-15 families of low and very low income. (V.A.C.S. Art. 4413(501),
821-16 Sec. 3.02 (part).)
821-17 Sec. 2306.152. ELIGIBILITY CRITERIA. The board shall
821-18 establish eligibility criteria for participation in the housing
821-19 finance division's programs for individuals and families of low and
821-20 very low income and families of moderate income. (V.A.C.S. Art.
821-21 4413(501), Sec. 3.02 (part).)
821-22 (Sections 2306.153-2306.170 reserved for expansion)
821-23 SUBCHAPTER H. HOUSING FINANCE DIVISION: GENERAL POWERS
821-24 AND DUTIES OF DEPARTMENT
821-25 Sec. 2306.171. GENERAL DUTIES OF DEPARTMENT RELATING TO
821-26 PURPOSES OF HOUSING FINANCE DIVISION. The department shall:
821-27 (1) develop policies and programs designed to increase
822-1 the number of individuals and families of low and very low income
822-2 that participate in the housing finance division's programs;
822-3 (2) work with municipalities, public agencies, housing
822-4 sponsors, and nonprofit corporations to provide:
822-5 (A) information on division programs; and
822-6 (B) technical assistance to municipalities and
822-7 nonprofit corporations;
822-8 (3) encourage private and nonprofit corporations and
822-9 state organizations to match the division's funds to assist in
822-10 providing affordable housing to individuals and families of low and
822-11 very low income and families of moderate income;
822-12 (4) provide matching funds to municipalities, public
822-13 agencies, housing sponsors, and nonprofit developers who qualify
822-14 under the division's programs; and
822-15 (5) administer the state's allocation of federal funds
822-16 provided under the rental rehabilitation grant program authorized
822-17 by Section 17, Title I, of the United States Housing Act of 1937
822-18 (42 U.S.C. Section 1437o). (V.A.C.S. Art. 4413(501), Secs. 3.04,
822-19 3.44.)
822-20 Sec. 2306.172. ACQUISITION AND USE OF MONEY; DEPOSITORIES.
822-21 The department may:
822-22 (1) acquire, hold, invest, deposit, use, and spend its
822-23 income and money from every source; and
822-24 (2) select its depository or depositories, subject
822-25 only to the provisions of:
822-26 (A) this chapter; and
822-27 (B) a covenant relating to the department's
823-1 bonds issued by the housing finance division. (V.A.C.S. Art.
823-2 4413(501), Sec. 3.03 (part).)
823-3 Sec. 2306.173. INVESTMENTS. Subject to a resolution
823-4 authorizing issuance of its bonds, the department may:
823-5 (1) invest its money in bonds, obligations, or other
823-6 securities; or
823-7 (2) place its money in demand or time deposits,
823-8 whether or not evidenced by certificates of deposit. (V.A.C.S.
823-9 Art. 4413(501), Sec. 3.03 (part).)
823-10 Sec. 2306.174. ACQUISITION AND DISPOSITION OF PROPERTY. The
823-11 department may:
823-12 (1) acquire, own, rent, lease, accept, hold, or
823-13 dispose of any real, personal, or mixed property, or any interest
823-14 in property, including a right or easement, in performing its
823-15 duties and exercising its powers under this chapter, by purchase,
823-16 exchange, gift, assignment, transfer, foreclosure, sale, lease, or
823-17 otherwise;
823-18 (2) hold, manage, operate, or improve real, personal,
823-19 or mixed property, except that:
823-20 (A) the department is restricted in acquiring
823-21 property under Section 2306.251 unless it is required to foreclose
823-22 on a delinquent loan and elects to acquire the property at
823-23 foreclosure;
823-24 (B) the department shall make a diligent effort
823-25 to sell a housing development acquired through foreclosure to a
823-26 purchaser who will be required to pay ad valorem taxes on the
823-27 housing development or, if such a purchaser cannot be found, to
824-1 another purchaser; and
824-2 (C) the department shall sell a housing
824-3 development acquired through foreclosure not later than the third
824-4 anniversary of the date of acquisition unless the board adopts a
824-5 resolution stating that a purchaser cannot be found after diligent
824-6 search by the housing finance division, in which case the
824-7 department shall continue to try to find a purchaser and shall sell
824-8 the housing development when a purchaser is found; and
824-9 (3) lease or rent land or a dwelling, house,
824-10 accommodation, building, structure, or facility from a private
824-11 party to carry out the housing finance division's purposes.
824-12 (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
824-13 Sec. 2306.175. TRANSFER AND DISPOSITION OF PROPERTY; MANNER
824-14 OF SALE. (a) The department may:
824-15 (1) sell, assign, lease, encumber, mortgage, or
824-16 otherwise dispose of real, personal, or mixed property, or an
824-17 interest in property, or a deed of trust or mortgage lien interest
824-18 owned by it or in its control, custody, or possession; and
824-19 (2) release or relinquish a right, title, claim, lien,
824-20 interest, easement, or demand acquired in any manner, including an
824-21 equity or right of redemption in property foreclosed by it.
824-22 (b) Notwithstanding any other law, the department may, under
824-23 this section, conduct a public or private sale, with or without
824-24 public bidding. (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
824-25 Sec. 2306.176. FEES. The department may set, charge, and
824-26 collect fees relating to loans made or other services provided by
824-27 the department under this chapter. (V.A.C.S. Art. 4413(501), Sec.
825-1 3.03 (part).)
825-2 Sec. 2306.177. HEARINGS. The department may:
825-3 (1) conduct hearings; and
825-4 (2) take testimony and proof, under oath, at public
825-5 hearings, on matters necessary to carry out the housing finance
825-6 division's purposes. (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
825-7 Sec. 2306.178. INSURANCE. The department may acquire, and
825-8 pay premiums on, insurance of any kind in amounts and from insurers
825-9 that the board considers necessary or advisable. (V.A.C.S. Art.
825-10 4413(501), Sec. 3.03 (part).)
825-11 Sec. 2306.179. INVESTIGATIONS. The department may:
825-12 (1) investigate housing conditions and means for
825-13 improving those conditions; and
825-14 (2) determine the location of slum or blighted areas.
825-15 (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
825-16 Sec. 2306.180. ENCOURAGING HOME OWNERSHIP. The department
825-17 may encourage individual or cooperative home ownership among
825-18 individuals and families of low and very low income and families of
825-19 moderate income. (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
825-20 Sec. 2306.181. TARGETING BOND PROCEEDS. The department may
825-21 target the proceeds from housing bonds issued by it to a geographic
825-22 area or areas of the state. (V.A.C.S. Art. 4413(501), Sec. 3.03
825-23 (part).)
825-24 Sec. 2306.182. LOANS TO LENDERS. The department may make
825-25 loans to mortgage lenders, public agencies, or other housing
825-26 sponsors and use the proceeds to make loans for multifamily housing
825-27 developments that will be substantially occupied by individuals and
826-1 families of low and very low income or families of moderate income.
826-2 (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
826-3 Sec. 2306.183. NEEDS OF QUALIFYING INDIVIDUALS AND FAMILIES
826-4 IN RURAL AREAS AND SMALL MUNICIPALITIES. The department may adopt
826-5 a target strategy to ensure that the credit and housing needs of
826-6 qualifying individuals and families who reside in rural areas and
826-7 small municipalities are equitably served by the housing finance
826-8 division. (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
826-9 (Sections 2306.184-2306.200 reserved for expansion)
826-10 SUBCHAPTER I. HOUSING FINANCE DIVISION: FUNDS
826-11 Sec. 2306.201. HOUSING TRUST FUND. (a) The housing trust
826-12 fund is a fund:
826-13 (1) administered by the department through the housing
826-14 finance division; and
826-15 (2) placed with the Texas Treasury Safekeeping Trust
826-16 Company.
826-17 (b) The fund consists of:
826-18 (1) appropriations or transfers made to the fund;
826-19 (2) unencumbered fund balances; and
826-20 (3) public or private gifts or grants. (V.A.C.S. Art.
826-21 4413(501), Sec. 3.16(a) (part).)
826-22 Sec. 2306.202. USE OF HOUSING TRUST FUND. (a) The
826-23 department, through the housing finance division, shall use the
826-24 housing trust fund to provide loans, grants, or other comparable
826-25 forms of assistance to local units of government, public housing
826-26 authorities, nonprofit organizations, and income-eligible
826-27 individuals, families, and households to finance, acquire,
827-1 rehabilitate, and develop decent, safe, and sanitary housing.
827-2 (b) Use of the fund is limited to providing:
827-3 (1) assistance for individuals and families of low and
827-4 very low income; and
827-5 (2) technical assistance and capacity building to
827-6 nonprofit organizations engaged in developing housing for
827-7 individuals and families of low and very low income. (V.A.C.S.
827-8 Art. 4413(501), Sec. 3.16(b).)
827-9 Sec. 2306.203. RULES REGARDING ADMINISTRATION OF HOUSING
827-10 TRUST FUND. The board shall adopt rules to administer the housing
827-11 trust fund, including rules providing:
827-12 (1) that the division give priority to programs that
827-13 maximize federal resources;
827-14 (2) for a process to set priorities for use of the
827-15 fund, including the distribution of fund resources under a request
827-16 for a proposal process developed and approved by the board;
827-17 (3) that the criteria used to rank proposals will
827-18 include the:
827-19 (A) leveraging of federal resources;
827-20 (B) cost-effectiveness of a proposed
827-21 development; and
827-22 (C) extent to which individuals and families of
827-23 very low income are served by the development;
827-24 (4) that funds may not be made available to a
827-25 development that permanently and involuntarily displaces
827-26 individuals and families of low income;
827-27 (5) that the board attempt to allocate funds to
828-1 achieve a broad geographical distribution with:
828-2 (A) special emphasis on equitably serving rural
828-3 and nonmetropolitan areas; and
828-4 (B) consideration of the number and percentage
828-5 of income-qualified families in different geographical areas; and
828-6 (6) that multifamily housing developed or
828-7 rehabilitated through the fund remain affordable to
828-8 income-qualified households for at least 20 years. (V.A.C.S. Art.
828-9 4413(501), Sec. 3.16(c).)
828-10 Sec. 2306.204. INDEPENDENT AUDIT OF HOUSING TRUST FUND. (a)
828-11 An independent auditor shall annually conduct an audit of the
828-12 housing trust fund to determine the amount of unencumbered fund
828-13 balances that is greater than the amount required for the reserve
828-14 fund.
828-15 (b) The independent auditor shall submit the audit report to
828-16 the board not later than December 31 of each year. (V.A.C.S. Art.
828-17 4413(501), Sec. 3.16(d).)
828-18 Sec. 2306.205. TRANSFER OF MONEY TO HOUSING TRUST FUND. (a)
828-19 Except as provided by Subsections (c), (d), and (e), not later than
828-20 January 10 of each year the housing finance division shall transfer
828-21 to the housing trust fund an amount, as determined by the audit
828-22 report prepared under Section 2306.204, equal to one-half of the
828-23 housing finance division's unencumbered fund balances in excess of
828-24 two percent of the division's total bonded indebtedness that is not
828-25 rated on its own merits in the highest long-term debt rating
828-26 category by one or more nationally recognized rating agencies.
828-27 (b) The department shall determine the unencumbered fund
829-1 balance under Subsection (a) according to the debt rating criteria
829-2 established for housing finance agencies by one or more nationally
829-3 recognized rating agencies.
829-4 (c) If, at the time an annual audit required by Section
829-5 2306.204 is concluded, the housing finance division's unencumbered
829-6 fund balances exceed four percent of its total bonded indebtedness
829-7 that is not rated on its own merits in the highest long-term debt
829-8 rating category, the department shall transfer not later than
829-9 January 10 of the next year all amounts in excess of that four
829-10 percent.
829-11 (d) If, at the time an annual audit required by Section
829-12 2306.204 is concluded, a nationally recognized rating agency has
829-13 recommended that the housing finance division maintain unencumbered
829-14 fund balances in excess of the amount permitted by Subsection (a)
829-15 to achieve or maintain a rating of at least Aa/A+ on all or a
829-16 portion of the bonded indebtedness of the housing finance division
829-17 that is issued under an open indenture or an open flow of funds,
829-18 the department shall transfer not later than January 10 of the next
829-19 year all amounts in excess of the amount required by the rating
829-20 agency to be held as unencumbered fund balances.
829-21 (e) If, at the time an annual audit required by Section
829-22 2306.204 is concluded, a nationally recognized rating agency has
829-23 recommended that the housing finance division increase the amount
829-24 of its unencumbered fund balances to achieve or maintain a
829-25 financially sound condition or to prevent a decrease in the
829-26 long-term debt rating maintained on all or a portion of the housing
829-27 finance division's bonded indebtedness, the housing finance
830-1 division may not make further annual transfers to the housing trust
830-2 fund until all requirements and conditions of the rating agency
830-3 have been met. (V.A.C.S. Art. 4413(501), Secs. 3.16(e), (f), (g),
830-4 (h).)
830-5 Sec. 2306.206. HOUSING TRUST FUND NOT SUBJECT TO TEXAS TRUST
830-6 CODE. The housing trust fund provided for by this subchapter is
830-7 not subject to Subtitle B, Title 9, Property Code. (V.A.C.S. Art.
830-8 4413(501), Sec. 3.16(i).)
830-9 Sec. 2306.207. RESERVE FUND. (a) The housing finance
830-10 division may create a reserve fund with the state treasurer out of:
830-11 (1) proceeds from the sale of the division's bonds; or
830-12 (2) other resources.
830-13 (b) The reserve fund is additional security for the
830-14 division's bonds. (V.A.C.S. Art. 4413(501), Sec. 1.02(24) (part).)
830-15 (Sections 2306.208-2306.220 reserved for expansion)
830-16 SUBCHAPTER J. HOUSING FINANCE DIVISION:
830-17 LOAN TERMS AND CONDITIONS
830-18 Sec. 2306.221. HOUSING DEVELOPMENT LOANS. To finance the
830-19 purchase, construction, remodeling, improvement, or rehabilitation
830-20 of housing developments for residential housing designed and
830-21 planned for individuals and families of low and very low income and
830-22 families of moderate income, the department, on the terms and
830-23 conditions stated in this chapter, may:
830-24 (1) make, commit to make, and participate in the
830-25 making of mortgage loans, including federally insured loans to
830-26 housing sponsors; and
830-27 (2) make temporary loans and advances in anticipation
831-1 of permanent mortgage loans. (V.A.C.S. Art. 4413(501), Sec.
831-2 3.11(b).)
831-3 Sec. 2306.222. CONTRACTS AND AGREEMENTS REGARDING HOUSING
831-4 DEVELOPMENTS. The department may enter into agreements and
831-5 contracts with housing sponsors and mortgage lenders under this
831-6 chapter to make or participate in mortgage loans for residential
831-7 housing for individuals and families of low and very low income and
831-8 families of moderate income. (V.A.C.S. Art. 4413(501), Sec.
831-9 3.11(d).)
831-10 Sec. 2306.223. Criteria for Financing Housing Development of
831-11 Housing Sponsor. Notwithstanding any other provision of this
831-12 chapter, the department may not finance a housing development
831-13 undertaken by a housing sponsor under this chapter, unless the
831-14 department first determines that:
831-15 (1) the housing development is necessary to provide
831-16 needed decent, safe, and sanitary housing at rentals or prices that
831-17 individuals or families of low and very low income or families of
831-18 moderate income can afford;
831-19 (2) the housing sponsor undertaking the proposed
831-20 housing development will supply well-planned and well-designed
831-21 housing for individuals or families of low and very low income or
831-22 families of moderate income;
831-23 (3) the housing sponsor is financially responsible;
831-24 (4) the financing of the housing development is a
831-25 public purpose and will provide a public benefit; and
831-26 (5) the housing development will be undertaken within
831-27 the authority granted by this chapter to the housing finance
832-1 division and the housing sponsor. (V.A.C.S. Art. 4413(501), Sec.
832-2 3.23.)
832-3 Sec. 2306.224. LOAN TERMS AND CONDITIONS. A loan financed
832-4 through a program of the housing finance division under this
832-5 subchapter is subject to the terms and conditions provided by this
832-6 subchapter. (V.A.C.S. Art. 4413(501), Sec. 3.12(a).)
832-7 Sec. 2306.225. RATIO OF LOAN TO DEVELOPMENT COST;
832-8 AMORTIZATION PERIOD. (a) Except as provided by Subsection (b),
832-9 the ratio of loan to total housing development cost and the
832-10 amortization period of a loan insured or guaranteed by the federal
832-11 government is governed by the federal government mortgage insurance
832-12 commitment or federal guarantee for each housing development.
832-13 (b) The amortization period for a loan may not exceed 40
832-14 years. (V.A.C.S. Art. 4413(501), Sec. 3.12(b).)
832-15 Sec. 2306.226. INTEREST RATES. (a) The board shall set the
832-16 interest rates at which the housing finance division makes loans
832-17 and loan commitments.
832-18 (b) The interest rates shall be set to produce, when
832-19 combined with other available funds, at least the amounts required
832-20 to pay for the housing finance division's costs of operation and to
832-21 meet its covenants with and responsibilities to the holders of its
832-22 bonds. (V.A.C.S. Art. 4413(501), Sec. 3.12(d) (part).)
832-23 Sec. 2306.227. PREPAYMENT OF MORTGAGE LOANS. A mortgage
832-24 loan made under this chapter may be prepaid to maturity after the
832-25 period of years and under the terms and conditions determined by
832-26 the board. (V.A.C.S. Art. 4413(501), Sec. 3.12(c).)
832-27 Sec. 2306.228. LOAN FEES. The department shall make and
833-1 collect loan fees that the department determines are reasonable,
833-2 including:
833-3 (1) fees to reimburse the housing finance division's
833-4 financing costs;
833-5 (2) service charges;
833-6 (3) insurance premiums;
833-7 (4) mortgage insurance premiums; and
833-8 (5) fees for administrative costs. (V.A.C.S. Art.
833-9 4413(501), Sec. 3.12(d) (part).)
833-10 Sec. 2306.229. DOCUMENTS SUPPORTING MORTGAGE LOANS. (a) A
833-11 mortgage loan shall be evidenced by a mortgage or deed of trust
833-12 note or bond and by a mortgage that creates a lien on the housing
833-13 development and on all real property that constitutes the site of
833-14 or that relates to the housing development.
833-15 (b) A note or bond and a mortgage or deed of trust:
833-16 (1) must contain provisions satisfactory to the
833-17 department;
833-18 (2) must be in a form satisfactory to the department;
833-19 and
833-20 (3) may contain exculpatory provisions relieving the
833-21 borrower or its principal from personal liability if the department
833-22 agrees. (V.A.C.S. Art. 4413(501), Sec. 3.12(e).)
833-23 Sec. 2306.230. AGREEMENTS REGARDING CERTAIN LIMITATIONS ON
833-24 HOUSING SPONSORS. A mortgage loan is subject to an agreement
833-25 between the department and the housing sponsor that subjects the
833-26 sponsor and its principals or stockholders to limitations
833-27 established by the department regarding:
834-1 (1) rentals and other charges;
834-2 (2) builders' and developers' profits and fees;
834-3 (3) the disposition of its property; and
834-4 (4) the real property that constitutes the site of or
834-5 relates to the housing development. (V.A.C.S. Art. 4413(501), Sec.
834-6 3.12(f).)
834-7 Sec. 2306.231. LOAN CONDITIONS RELATING TO DEPARTMENT
834-8 POWERS. As a condition of each loan, the department, acting
834-9 through the housing finance division, may at any time during the
834-10 construction, rehabilitation, or operation of a housing
834-11 development:
834-12 (1) enter and inspect the housing development to:
834-13 (A) investigate the development's:
834-14 (i) physical and financial condition;
834-15 (ii) construction;
834-16 (iii) rehabilitation;
834-17 (iv) operation;
834-18 (v) management; and
834-19 (vi) maintenance; and
834-20 (B) examine all books and records relating to:
834-21 (i) capitalization;
834-22 (ii) income; and
834-23 (iii) other matters regarding
834-24 capitalization or income;
834-25 (2) impose charges that are required to cover the cost
834-26 of inspections and examinations under Subdivision (1);
834-27 (3) order alterations, changes, or repairs necessary
835-1 to protect:
835-2 (A) the security of the department's investment
835-3 in a housing development; or
835-4 (B) the health, safety, and welfare of the
835-5 occupants of a housing development;
835-6 (4) order a managing agent, housing development
835-7 manager, or housing development owner to do whatever is necessary
835-8 to comply with or refrain from violating an applicable law,
835-9 ordinance, department rule, or term of an agreement regarding the
835-10 housing development; and
835-11 (5) file and prosecute a complaint against a managing
835-12 agent, housing development manager, or housing development owner
835-13 for a violation of any applicable law or ordinance. (V.A.C.S. Art.
835-14 4413(501), Sec. 3.12(g).)
835-15 Sec. 2306.232. TEXAS HOUSING AGENCY LOAN OR GUARANTEE. A
835-16 loan or guarantee made by the Texas Housing Agency becomes a loan
835-17 or guarantee of the housing finance division. (Ch. 762, Acts of
835-18 the 72nd Leg., R.S., 1991, Sec. 23(c).)
835-19 (Sections 2306.233-2306.250 reserved for expansion)
835-20 SUBCHAPTER K. HOUSING FINANCE DIVISION: HOUSING PROGRAMS
835-21 Sec. 2306.251. PROPERTY OWNERSHIP PROGRAM. (a) The
835-22 department may acquire and own real property on an interim basis
835-23 for sale or rental to:
835-24 (1) individuals and families of low and very low
835-25 income; and
835-26 (2) nonprofit housing organizations and other housing
835-27 organizations to serve the needs of individuals and families of low
836-1 and very low income.
836-2 (b) Property acquired by the department must qualify for
836-3 home mortgage insurance after rehabilitation.
836-4 (c) The housing finance division may use money from the
836-5 housing trust fund or unencumbered fund balances to purchase
836-6 property under this section. The division may not use more than 10
836-7 percent of the yearly balance of the housing trust fund to acquire
836-8 real property.
836-9 (d) If the department acquires property under this section,
836-10 the housing finance division shall have an independent audit
836-11 conducted annually to analyze the property ownership program's:
836-12 (1) financial stability;
836-13 (2) cost-effectiveness; and
836-14 (3) effectiveness in serving individuals of low and
836-15 very low income. (V.A.C.S. Art. 4413(501), Sec. 3.17.)
836-16 Sec. 2306.252. LOW AND VERY LOW INCOME HOUSING RESOURCE
836-17 CENTER. (a) The board shall establish a low and very low income
836-18 housing resource center in the housing finance division.
836-19 (b) The center shall:
836-20 (1) provide educational material to housing advocates,
836-21 housing sponsors, borrowers, and tenants;
836-22 (2) provide technical assistance to nonprofit housing
836-23 sponsors;
836-24 (3) focus on marketing loans and other programs of the
836-25 housing finance division to individuals and families of low and
836-26 very low income; and
836-27 (4) assist lenders in marketing loans to individuals
837-1 and families of low and very low income. (V.A.C.S. Art.
837-2 4413(501), Sec. 3.18.)
837-3 (Sections 2306.253-2306.260 reserved for expansion)
837-4 SUBCHAPTER L. HOUSING FINANCE DIVISION:
837-5 REGULATION OF HOUSING SPONSORS
837-6 Sec. 2306.261. Supervising Housing Sponsors. The housing
837-7 finance division may, as provided by this subchapter, supervise:
837-8 (1) housing sponsors, including limited profit housing
837-9 sponsors, of housing developments that are financed under this
837-10 chapter and rented or leased to tenants; and
837-11 (2) real and personal property of sponsors. (V.A.C.S.
837-12 Art. 4413(501), Sec. 3.21(a).)
837-13 Sec. 2306.262. UNIFORM SYSTEMS OF ACCOUNTS AND RECORDS. The
837-14 department may require uniform systems of accounts and records for
837-15 housing sponsors. (V.A.C.S. Art. 4413(501), Sec. 3.21(b) (part).)
837-16 Sec. 2306.263. REPORTING. The department may require
837-17 housing sponsors to:
837-18 (1) make reports and certifications of their
837-19 expenditures; and
837-20 (2) answer specific questions on forms whenever
837-21 necessary for the purposes of this chapter. (V.A.C.S. Art.
837-22 4413(501), Sec. 3.21(b) (part). )
837-23 Sec. 2306.264. INSPECTIONS AND EXAMINATIONS. The
837-24 department, through its agents or employees, may:
837-25 (1) enter and inspect, in whole or in part, the land,
837-26 buildings, and equipment of a housing sponsor; and
837-27 (2) examine all records showing the capital structure,
838-1 income, expenditures, and other payments of a housing sponsor.
838-2 (V.A.C.S. Art. 4413(501), Sec. 3.21(c).)
838-3 Sec. 2306.265. OPERATION, MAINTENANCE, AND REPAIR. The
838-4 department may:
838-5 (1) supervise the operation and maintenance of a
838-6 housing development; and
838-7 (2) order necessary repairs to protect the public
838-8 interest or the health, welfare, or safety of the housing
838-9 development occupants. (V.A.C.S. Art. 4413(501), Sec. 3.21(d).)
838-10 Sec. 2306.266. FEES RELATING TO REGULATION. The department
838-11 may require a housing sponsor to pay the housing finance division
838-12 fees for the cost of regulating the housing sponsor, including the
838-13 cost of:
838-14 (1) examination;
838-15 (2) inspection;
838-16 (3) supervision; and
838-17 (4) auditing. (V.A.C.S. Art. 4413(501), Sec.
838-18 3.21(g).)
838-19 Sec. 2306.267. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND
838-20 CONTRACT TERMS. The department may order a housing sponsor to
838-21 perform or refrain from performing certain acts in order to comply
838-22 with the law, housing finance division rules, or terms of a
838-23 contract or agreement to which the housing sponsor is a party.
838-24 (V.A.C.S. Art. 4413(501), Sec. 3.21(h).)
838-25 Sec. 2306.268. RENTS AND CHARGES. The department shall
838-26 approve and may change from time to time a schedule of rents and
838-27 charges for a housing development operated by the department under
839-1 Section 2306.251. (V.A.C.S. Art. 4413(501), Sec. 3.21(e).)
839-2 Sec. 2306.269. TENANT AND MANAGER SELECTION. The department
839-3 shall set standards for tenant and management selection by a
839-4 housing sponsor. (V.A.C.S. Art. 4413(501), Sec. 3.21(f).)
839-5 Sec. 2306.270. REGULATION OF RETIREMENT OF CAPITAL
839-6 INVESTMENT OR REDEMPTION OF STOCK. The department shall regulate
839-7 the retirement of a capital investment or the redemption of stock
839-8 of a limited profit housing sponsor if the retirement or
839-9 redemption, when added to a dividend or other distribution, exceeds
839-10 in any one fiscal year the permitted percentage, as allowed by the
839-11 housing finance division's rules, of the original face amount of
839-12 the limited profit housing sponsor's investment or equity in a
839-13 housing development. (V.A.C.S. Art. 4413(501), Sec. 3.21(i).)
839-14 Sec. 2306.271. COST CONTROLS. (a) The housing finance
839-15 division by rule shall specify the categories of costs allowable in
839-16 the construction, reconstruction, remodeling, improvement, or
839-17 rehabilitation of a housing development.
839-18 (b) The housing finance division shall require a housing
839-19 sponsor to certify the actual housing development costs on
839-20 completion of the housing development, subject to audit and
839-21 determination by the department.
839-22 (c) The department may accept, instead of certification of
839-23 housing development costs under Subsection (b), other assurances of
839-24 the costs, in any form, that will enable the housing finance
839-25 division to determine with reasonable accuracy the amount of the
839-26 costs.
839-27 (d) In this section, "housing development costs" means the
840-1 total of all costs incurred in financing, creating, or purchasing a
840-2 housing development, including a single-family dwelling, approved
840-3 by the department as reasonable and necessary. The costs may
840-4 include:
840-5 (1) the value of land and buildings on the land owned
840-6 by the sponsor or the cost of acquiring land and buildings on the
840-7 land, including payments for options, deposits, or contracts to
840-8 purchase properties on the proposed housing site;
840-9 (2) costs of site preparation, demolition, and
840-10 development;
840-11 (3) expenses relating to the issuance of bonds;
840-12 (4) fees paid or payable in connection with the
840-13 planning, execution, and financing of the housing development,
840-14 including fees to:
840-15 (A) architects;
840-16 (B) engineers;
840-17 (C) attorneys;
840-18 (D) accountants; or
840-19 (E) the housing finance division on the
840-20 department's behalf;
840-21 (5) costs of necessary studies, surveys, plans,
840-22 permits, insurance, interest, financing, tax and assessment costs,
840-23 and other operating and carrying costs during construction;
840-24 (6) costs of construction, rehabilitation,
840-25 reconstruction, fixtures, furnishings, equipment, machinery, and
840-26 apparatus related to the real property;
840-27 (7) costs of land improvements, including landscaping
841-1 and off-site improvements, whether or not the costs have been paid
841-2 in cash or in a form other than cash;
841-3 (8) necessary expenses for the initial occupancy of
841-4 the housing development;
841-5 (9) a reasonable profit and risk fee in addition to
841-6 job overhead to the general contractor or limited profit housing
841-7 sponsor;
841-8 (10) an allowance established by the department for
841-9 working capital and contingency reserves and reserves for
841-10 anticipated operating deficits during the first two years of
841-11 occupancy; and
841-12 (11) the cost of other items, including tenant
841-13 relocation if tenant relocation costs are not otherwise provided
841-14 for, that the department determines are reasonable and necessary
841-15 for the development of the housing development, less net rents and
841-16 other net revenues received from the operation of the real and
841-17 personal property on the development site during construction.
841-18 (V.A.C.S. Art. 4413(501), Secs. 1.02(9), 3.21(j).)
841-19 Sec. 2306.272. HOUSING SPONSOR INVESTMENTS. (a) A
841-20 principal or stockholder of a housing sponsor may not earn, accept,
841-21 or receive a per annum return on an investment in a housing
841-22 development financed by the department greater than that allowed by
841-23 department rule.
841-24 (b) A housing sponsor's equity in a housing development is
841-25 the difference between the mortgage loan and the total housing
841-26 development cost.
841-27 (c) The department shall establish a housing sponsor's
842-1 equity when the final mortgage advance is made.
842-2 (d) For the purposes of this section, the amount established
842-3 under Subsection (c) remains constant during the life of the
842-4 department's mortgage on the development, except for additional
842-5 equity investment made by the sponsor with the department's
842-6 approval or at its order.
842-7 (e) In this section, "housing development costs" has the
842-8 meaning assigned by Section 2306.271(d). (V.A.C.S. Art. 4413(501),
842-9 Sec. 3.12(h).)
842-10 Sec. 2306.273. LIMITATION ON APPLICATION OF CERTAIN
842-11 PROVISIONS OF SUBCHAPTER. Sections 2306.261-2306.271 do not apply
842-12 to a housing development:
842-13 (1) for which individuals or families of low and very
842-14 low income or families of moderate income receive a mortgage loan
842-15 under this chapter; and
842-16 (2) that initially is intended for occupancy by those
842-17 individuals or families. (V.A.C.S. Art. 4413(501), Sec. 3.21(k).)
842-18 (Sections 2306.274-2306.290 reserved for expansion)
842-19 SUBCHAPTER M. HOUSING FINANCE DIVISION:
842-20 PURCHASE AND SALE OF MORTGAGE LOANS
842-21 Sec. 2306.291. PURCHASE AND SALE OF MORTGAGE LOANS. (a)
842-22 The department may purchase and take assignments from mortgage
842-23 lenders or the federal government of notes and mortgages evidencing
842-24 loans or interest in loans for the construction, remodeling,
842-25 improvement or rehabilitation, purchase, leasing, or refinancing of
842-26 housing developments for individuals and families of low and very
842-27 low income and families of moderate income.
843-1 (b) The department may sell, at public or private sale, with
843-2 or without public bidding, a mortgage or other obligation held by
843-3 the department. (V.A.C.S. Art. 4413(501), Sec. 3.14.)
843-4 Sec. 2306.292. ELIGIBILITY OF MORTGAGE LOANS FOR PURCHASE.
843-5 A mortgage loan or interest in a mortgage loan is not eligible for
843-6 purchase by or on behalf of the department from a mortgage lender
843-7 unless the mortgage lender certifies that the mortgage loan or
843-8 interest in the mortgage loan is for a housing development for
843-9 individuals or families of low and very low income or for families
843-10 of moderate income. (V.A.C.S. Art. 4413(501), Sec. 3.15(a).)
843-11 Sec. 2306.293. FEDERALLY ASSISTED MORTGAGE LOANS. A
843-12 mortgage loan or interest in a mortgage loan purchased or sold
843-13 under this subchapter may include a mortgage loan that is insured,
843-14 guaranteed, or assisted by the federal government, or a mortgage
843-15 loan that the federal government has committed to insure,
843-16 guarantee, or assist. (V.A.C.S. Art. 4413(501), Sec. 3.15(c).)
843-17 Sec. 2306.294. MORTGAGE LOAN PURCHASE PRICE. (a) On
843-18 purchasing a mortgage loan or interest in a mortgage loan from a
843-19 mortgage lender, the department shall pay a purchase price equal to
843-20 the outstanding principal balance, except that a discount from the
843-21 principal balance or the payment of a premium may be used to
843-22 produce a fair rate of return consistent with the obligations of
843-23 the department and the purposes of this chapter.
843-24 (b) In addition to payment of the outstanding principal
843-25 balance, the department shall pay the accrued interest due to the
843-26 date on which the mortgage loan is delivered against payment.
843-27 (V.A.C.S. Art. 4413(501), Sec. 3.15(b).)
844-1 Sec. 2306.295. RULES GOVERNING PURCHASE AND SALE OF MORTGAGE
844-2 LOANS. The department shall adopt rules governing the purchase and
844-3 sale of mortgage loans and the application of sale proceeds,
844-4 including rules governing:
844-5 (1) procedures for submitting requests or inviting
844-6 proposals for the purchase and sale of mortgage loans or interest
844-7 in the mortgage loans;
844-8 (2) restrictions on the number of family units,
844-9 location, or other qualifications of residences to be financed by
844-10 residential mortgage loans;
844-11 (3) income limits of individuals and families of low
844-12 and very low income or families of moderate income occupying a
844-13 residence financed by a residential mortgage loan;
844-14 (4) restrictions relating to the interest rates on
844-15 mortgage loans or the return realized by mortgage lenders;
844-16 (5) requirements for commitments by mortgage lenders
844-17 relating to mortgage loans;
844-18 (6) schedules of fees and charges necessary for
844-19 expenses and reserves of the housing finance division;
844-20 (7) resale of the housing development; and
844-21 (8) any other matter related to the power of the
844-22 department to purchase and sell mortgage loans or interests in
844-23 mortgage loans. (V.A.C.S. Art. 4413(501), Sec. 3.15(d).)
844-24 Sec. 2306.296. REVIEW AND SUBSTITUTION OF PURCHASED MORTGAGE
844-25 LOANS. (a) The department shall review each mortgage loan
844-26 purchased or financed by the department to determine if the loan
844-27 meets:
845-1 (1) the conditions of this chapter;
845-2 (2) the department's rules; and
845-3 (3) any commitment made with the mortgage lender to
845-4 purchase mortgage loans.
845-5 (b) The department may require the substitution of another
845-6 mortgage loan if it determines that a loan does not comply with the
845-7 criteria of Subsection (a). (V.A.C.S. Art. 4413(501), Sec. 3.15(e)
845-8 (part).)
845-9 Sec. 2306.297. APPLICATION OF PROVISIONS RELATING TO LOAN
845-10 TERMS AND CONDITIONS. Sections 2306.225-2306.229 apply to the
845-11 purchase of mortgage loans. (V.A.C.S. Art. 4413(501), Sec. 3.15(e)
845-12 (part).)
845-13 (Sections 2306.298-2306.310 reserved for expansion)
845-14 SUBCHAPTER N. HOUSING FINANCE DIVISION: TENANTS
845-15 OF HOUSING DEVELOPMENTS
845-16 Sec. 2306.311. Admission to Housing Developments. Admission
845-17 to a housing development financed under this chapter that is leased
845-18 to tenants is limited to individuals or families of low and very
845-19 low income and families of moderate income. (V.A.C.S. Art.
845-20 4413(501), Sec. 3.22(a).)
845-21 Sec. 2306.312. EXAMINATION OF TENANT INCOME. The department
845-22 shall periodically examine, or require that a housing sponsor
845-23 examine, the income of an individual or family residing as a tenant
845-24 in a housing development. (V.A.C.S. Art. 4413(501), Sec. 3.22(b)
845-25 (part).)
845-26 Sec. 2306.313. TERMINATION OF TENANCY. (a) The department
845-27 or, with the department's approval, the housing sponsor of a
846-1 housing development may terminate the tenancy or interest of an
846-2 individual or family whose gross income exceeds the income level
846-3 allowed for admission by more than 25 percent for six months or
846-4 more.
846-5 (b) A tenancy or interest of an individual or family in a
846-6 housing development may not be terminated except on reasonable
846-7 notice and opportunity to obtain suitable alternate housing under
846-8 the department's rules.
846-9 (c) At the time notice of termination is given, the housing
846-10 finance division shall provide information to the tenant on other
846-11 division programs for which the tenant qualifies and shall
846-12 encourage the tenant's participation in those programs. (V.A.C.S.
846-13 Art. 4413(501), Sec. 3.22(b) (part).)
846-14 Sec. 2306.314. CONTINUED OCCUPANCY ON PAYMENT OF SURCHARGE.
846-15 An individual or family whose gross income would not otherwise
846-16 permit continued occupancy of a dwelling unit may, with the
846-17 department's approval, continue to occupy a dwelling unit on
846-18 payment of a surcharge to the housing sponsor under a schedule of
846-19 surcharges determined by the department. (V.A.C.S. Art. 4413(501),
846-20 Sec. 3.22(b) (part).)
846-21 Sec. 2306.315. DISCHARGE FROM LIABILITY; REIMBURSEMENT. If
846-22 an individual or family who resides in a cooperative housing
846-23 development is required to move from the development because of
846-24 excessive income, the individual or family must be:
846-25 (1) discharged from liability for any note, bond, or
846-26 other evidence of indebtedness; and
846-27 (2) reimbursed, under department rules, for all sums
847-1 paid to the housing sponsor on account of the:
847-2 (A) purchase of stock or debentures as a
847-3 condition of occupancy; or
847-4 (B) acquisition of title for that purpose.
847-5 (V.A.C.S. Art. 4413(501), Sec. 3.22(c).)
847-6 Sec. 2306.316. LIMITATION ON APPLICATION OF SUBCHAPTER.
847-7 This subchapter does not apply to a housing development:
847-8 (1) for which individuals or families of low and very
847-9 low income or families of moderate income receive a mortgage loan
847-10 under this chapter; and
847-11 (2) that initially is intended for occupancy by those
847-12 persons or families. (V.A.C.S. Art. 4413(501), Sec. 3.22(d).)
847-13 (Sections 2306.317-2306.330 reserved for expansion)
847-14 SUBCHAPTER O. HOUSING FINANCE DIVISION: REGULATION OF
847-15 MORTGAGE LENDERS, SERVICERS, AND CONTRACTORS
847-16 Sec. 2306.331. MORTGAGE LENDER SELECTION. The department
847-17 shall develop a process to select mortgage lenders that includes
847-18 consideration of the lender's:
847-19 (1) distribution of loans by income and geographic
847-20 region in past programs of the department or its predecessor; and
847-21 (2) rating under the Community Reinvestment Act of
847-22 1977 (12 U.S.C. Section 2901 et seq.). (V.A.C.S. Art. 4413(501),
847-23 Sec. 3.19.)
847-24 Sec. 2306.332. MONITORING MORTGAGE LENDERS. The department
847-25 shall develop a written plan to monitor and audit the performance
847-26 of mortgage lenders. The plan must include a requirement:
847-27 (1) that mortgage lenders comply with quality control
848-1 standards established by appropriate federal agencies;
848-2 (2) for an audit of mortgage lenders' compliance with
848-3 program guidelines to be conducted by random selection of loans and
848-4 associated paperwork for review;
848-5 (3) for monitoring delinquency and foreclosure rates
848-6 for currently participating mortgage lenders to identify
848-7 unfavorable trends;
848-8 (4) for an extensive audit after a finding of an
848-9 unfavorable trend under Subdivision (3); and
848-10 (5) for reporting the information gathered under this
848-11 section to the director and the board. (V.A.C.S. Art. 4413(501),
848-12 Sec. 3.20(a).)
848-13 Sec. 2306.333. MONITORING MORTGAGE SERVICERS. The housing
848-14 finance division shall develop a written plan to monitor and audit
848-15 the performance of mortgage servicers. The plan must include:
848-16 (1) a method of developing criteria to evaluate the
848-17 performance of servicers;
848-18 (2) a method of monitoring the performance of a
848-19 servicer under the criteria developed under Subdivision (1);
848-20 (3) a requirement for a review of the financial
848-21 statements of a servicer;
848-22 (4) a process for an extensive audit of servicers who
848-23 repeatedly violate the terms of the servicers' contracts with the
848-24 department;
848-25 (5) the designation of an audit team consisting of
848-26 staff members from relevant areas of the housing finance division;
848-27 and
849-1 (6) a method of reporting the information gathered
849-2 under this section to the director and the board. (V.A.C.S.
849-3 Art. 4413(501), Sec. 3.20(b).)
849-4 Sec. 2306.334. MONITORING CONTRACTORS. The department shall
849-5 develop a written plan to monitor and audit the performance of real
849-6 estate owned contractors and other contractors. The plan must
849-7 include:
849-8 (1) a requirement for a periodic inspection of
849-9 foreclosed property;
849-10 (2) a method of monitoring contractors' performance of
849-11 contract requirements; and
849-12 (3) a requirement for a periodic review of
849-13 contractors' billing procedures. (V.A.C.S. Art. 4413(501),
849-14 Sec. 3.20(c).)
849-15 (Sections 2306.335-2306.350 reserved for expansion)
849-16 SUBCHAPTER P. HOUSING FINANCE DIVISION BONDS:
849-17 ISSUANCE OF BONDS
849-18 Sec. 2306.351. ISSUANCE OF BONDS. (a) The department may
849-19 issue bonds under this chapter and may:
849-20 (1) provide for and secure payment of the bonds;
849-21 (2) provide for the rights of the holders of the
849-22 bonds, as permitted by this chapter and the Texas Constitution; and
849-23 (3) purchase, hold, cancel, resell, or otherwise
849-24 dispose of its bonds, subject to restrictions in a resolution
849-25 authorizing issuance of its bonds.
849-26 (b) In connection with or incidental to issuing and selling
849-27 its bonds, the department may enter into contracts that the board
850-1 considers necessary or appropriate for the department's obligation,
850-2 as represented by the bonds and incidental contracts, to be placed,
850-3 in whole or in part, on the basis desired by the board, including
850-4 interest rate, currency, or cash flow.
850-5 (c) Contracts that may be entered into under Subsection (b)
850-6 include contracts:
850-7 (1) commonly known as interest rate swap agreements,
850-8 currency swap agreements, or forward payment conversion agreements;
850-9 (2) providing for payments based on levels of or
850-10 changes in interest rates or currency exchange rates;
850-11 (3) to exchange cash flows or a series of payments; or
850-12 (4) that include options, puts or calls to hedge
850-13 payment, currency, rate, spread, or similar exposure.
850-14 (d) A contract entered into under this section shall be on
850-15 terms and conditions approved by the board. (V.A.C.S.
850-16 Art. 4413(501), Sec. 3.03 (part).)
850-17 Sec. 2306.352. TEXAS HOUSING BONDS. (a) The board by
850-18 resolution may provide for the issuance of negotiable bonds as
850-19 authorized by the Texas Constitution.
850-20 (b) The bonds shall be on a parity and shall be called Texas
850-21 Housing Bonds.
850-22 (c) The board:
850-23 (1) may issue the bonds in one or several
850-24 installments; and
850-25 (2) shall date the bonds of each issue. (V.A.C.S.
850-26 Art. 4413(501), Sec. 3.24(a).)
850-27 Sec. 2306.353. REVENUE BONDS. (a) In addition to issuing
851-1 general obligation bonds under Section 2306.352, the department may
851-2 issue revenue bonds to provide money to carry out a purpose, power,
851-3 or duty of the housing finance division under this chapter.
851-4 (b) The bonds may be issued from time to time in one or more
851-5 series or issues.
851-6 (c) The bonds shall be payable as to principal, interest,
851-7 and redemption premium, if any, from, and secured by, a first or
851-8 subordinate lien on, and pledge of, all or part of the revenues,
851-9 income, or other resources of the housing finance division,
851-10 including:
851-11 (1) the repayments of mortgage loans;
851-12 (2) the earnings from investment or deposit of the
851-13 reserve fund and other funds of the housing finance division;
851-14 (3) the fees, charges, and other amounts or payments
851-15 received under this chapter; and
851-16 (4) appropriations, grants, allocations, subsidies,
851-17 rent supplements, guaranties, aid, contribution, or donations.
851-18 (V.A.C.S. Art. 4413(501), Sec. 3.24(b).)
851-19 Sec. 2306.354. DEFINITIVE REFUNDING BONDS. (a) The
851-20 department may issue definitive refunding bonds if the bonds are
851-21 issued and delivered to refund:
851-22 (1) other department bonds; or
851-23 (2) the obligations of:
851-24 (A) the department's predecessor; or
851-25 (B) a local housing finance corporation.
851-26 (b) The bonds must be payable as to principal, interest, and
851-27 redemption premium, if any, from the refunding bonds and other
852-1 revenues, income, or resources of the department.
852-2 (c) The department may contract to issue, sell, and deliver
852-3 the definitive refunding bonds in a manner that will provide the
852-4 money necessary to pay a required part of the principal, interest,
852-5 and redemption premium, if any, on the refunded bonds or
852-6 obligations when due.
852-7 (d) The refunded bonds or obligations may be refunded in
852-8 another manner permitted by this chapter or other state law,
852-9 including Chapter 503, Acts of the 54th Legislature, Regular
852-10 Session, 1955 (Article 717k, Vernon's Texas Civil Statutes), and
852-11 Chapter 784, Acts of the 61st Legislature, Regular Session, 1969
852-12 (Article 717k-3, Vernon's Texas Civil Statutes). (V.A.C.S.
852-13 Art. 4413(501), Secs. 3.24(c), (h).)
852-14 Sec. 2306.355. ISSUANCE OF ADDITIONAL PARITY OR SUBORDINATE
852-15 LIEN BONDS. The department may issue additional parity bonds or
852-16 subordinate lien bonds under terms or conditions in the resolution
852-17 authorizing issuance of the bonds. (V.A.C.S. Art. 4413(501),
852-18 Sec. 3.24(f).)
852-19 Sec. 2306.356. ISSUANCE OF BONDS TO FUND DEPARTMENT RESERVES
852-20 OR FUNDS. The department may issue bonds to provide all or part of
852-21 the money required for funding or increasing the department's
852-22 reserves or funds. (V.A.C.S. Art. 4413(501), Sec. 3.24(g).)
852-23 Sec. 2306.357. BONDS ISSUED BY TEXAS HOUSING AGENCY. A
852-24 general obligation or revenue bond issued by the Texas Housing
852-25 Agency becomes a general obligation or revenue bond of the housing
852-26 finance division. (Ch. 762, Acts of the 72nd Leg., R.S., 1991,
852-27 Sec. 23(d).)
853-1 (Sections 2306.358-2306.370 reserved for expansion)
853-2 SUBCHAPTER Q. HOUSING FINANCE DIVISION BONDS:
853-3 BOARD ACTION ON BONDS
853-4 Sec. 2306.371. BOARD AUTHORIZATION OF BONDS. Bonds issued
853-5 by the department must be authorized by board resolution.
853-6 (V.A.C.S. Art. 4413(501), Sec. 3.24(e) (part).)
853-7 Sec. 2306.372. DEPARTMENT PROCEDURES. In a resolution
853-8 authorizing the issuance of department bonds, the board may
853-9 prescribe the systems and procedures under which the department
853-10 shall function. (V.A.C.S. Art. 4413(501), Sec. 3.37 (part).)
853-11 Sec. 2306.373. USE OF BOND PROCEEDS. The board may provide
853-12 in a resolution authorizing the issuance of department bonds that
853-13 part of the proceeds from the sale of the bonds may be used to:
853-14 (1) pay the costs and expenses of issuing the bonds;
853-15 (2) pay interest on the bonds during a period required
853-16 by the board;
853-17 (3) pay or repay the department's operation and
853-18 maintenance expenses to the extent and for the period specified in
853-19 the resolution; and
853-20 (4) fund, increase, or restore any depletions of the
853-21 reserve fund or of other reserves or funds for any purpose.
853-22 (V.A.C.S. Art. 4413(501), Sec. 3.24(e) (part).)
853-23 Sec. 2306.374. FACSIMILE SIGNATURES AND SEALS. (a) The
853-24 board may state in a resolution authorizing the issuance of an
853-25 installment or series of bonds the extent to which the presiding
853-26 officer of the board or any other officer may use a facsimile
853-27 signature or facsimile seal instead of a manual signature or
854-1 manually impressed seal to execute or attest the bonds and
854-2 appurtenant coupons.
854-3 (b) An interest coupon may be signed by the facsimile
854-4 signature of the presiding officer of the board. (V.A.C.S.
854-5 Art. 4413(501), Sec. 3.32.)
854-6 Sec. 2306.375. PERSONAL LIABILITY OF BOARD MEMBER OR
854-7 DIRECTOR. A member of the board or the director is not liable
854-8 personally for bonds issued or contracts executed by the housing
854-9 finance division. (V.A.C.S. Art. 4413(501), Sec. 1.06(f).)
854-10 (Sections 2306.376-2306.390 reserved for expansion)
854-11 SUBCHAPTER R. HOUSING FINANCE DIVISION BONDS:
854-12 FORM; TERMS
854-13 Sec. 2306.391. FORM. The department's bonds may be issued
854-14 as:
854-15 (1) serial bonds;
854-16 (2) term bonds; or
854-17 (3) a combination of serial and term bonds as
854-18 determined by the board. (V.A.C.S. Art. 4413(501), Sec. 3.26(a).)
854-19 Sec. 2306.392. DENOMINATION. (a) The department's bonds
854-20 may be issued:
854-21 (1) in coupon form payable to bearer;
854-22 (2) in fully registered form;
854-23 (3) as coupon bonds payable to bearer but registrable
854-24 as to principal alone, or as to both principal and interest; or
854-25 (4) in another form, including a registered
854-26 uncertificated obligation not represented by written instruments,
854-27 commonly known as a book-entry obligation.
855-1 (b) The department shall provide for the registration of
855-2 ownership and transfer of a book-entry obligation under a system of
855-3 books and records maintained by a bank serving as trustee, paying
855-4 agent, or bond registrar. (V.A.C.S. Art. 4413(501), Sec. 3.26(b).)
855-5 Sec. 2306.393. MANNER, PRICE, AND TERMS. The department's
855-6 bonds may be sold in a manner, at a price, and under terms and
855-7 conditions determined by the board under a contractual arrangement
855-8 approved by the board. (V.A.C.S. Art. 4413(501), Sec. 3.26(d).)
855-9 Sec. 2306.394. PLACE OF PAYMENT; MEDIUM OF EXCHANGE. (a)
855-10 The department's bonds may be payable at a place inside or outside
855-11 the United States.
855-12 (b) The bonds may be made payable in any currency or medium
855-13 of exchange, including United States dollars and currencies of
855-14 other nations. (V.A.C.S. Art. 4413(501), Sec. 3.26(c) (part).)
855-15 Sec. 2306.395. INTEREST ON BONDS. The department's bonds
855-16 may be issued to bear interest at a rate determined by the board.
855-17 (V.A.C.S. Art. 4413(501), Sec. 3.25.)
855-18 Sec. 2306.396. MATURITY OF BONDS. The department's bonds
855-19 may mature within a period determined by the board. (V.A.C.S.
855-20 Art. 4413(501), Sec. 3.27.)
855-21 Sec. 2306.397. Redemption Before Maturity; Conversion. (a)
855-22 Department bonds may be made redeemable before maturity.
855-23 (b) The board may provide and covenant for the:
855-24 (1) conversion of one form of bond to another form;
855-25 and
855-26 (2) reconversion of a bond to another form.
855-27 (c) Except as provided by Subsection (d), a replacement,
856-1 converted, or reconverted bond must be approved and registered as
856-2 provided by Sections 2306.431 and 2306.432, under procedures
856-3 established by the resolution authorizing the bonds.
856-4 (d) If the duty of replacement, conversion, or reconversion
856-5 of a bond is imposed on a place of payment (paying agent) or a
856-6 corporate trustee under a trust agreement or trust indenture, the
856-7 replacement, converted, or reconverted bond does not need to be
856-8 reapproved by the attorney general or reregistered by the
856-9 comptroller as provided by Sections 2306.431 and 2306.432.
856-10 (V.A.C.S. Art. 4413(501), Secs. 3.26(c) (part), 3.28.)
856-11 (Sections 2306.398-2306.410 reserved for expansion)
856-12 SUBCHAPTER S. HOUSING FINANCE DIVISION BONDS:
856-13 SECURITY FOR BONDS
856-14 Sec. 2306.411. SECURITY FOR PAYMENT OF PRINCIPAL, INTEREST,
856-15 AND REDEMPTION PREMIUM. (a) In addition to other security for the
856-16 department's bonds authorized by this chapter, payment of the
856-17 principal and interest and redemption premium, if any, on the
856-18 department's bonds may be secured by a first or subordinate lien on
856-19 and pledge of all or part of:
856-20 (1) the department's assets and real, personal, or
856-21 mixed property, including:
856-22 (A) mortgages or other obligations securing the
856-23 assets of property;
856-24 (B) investments; and
856-25 (C) trust agreements or trust indentures
856-26 administered by one or more corporate trustees as allowed by the
856-27 board; and
857-1 (2) the reserves or funds of the housing finance
857-2 division.
857-3 (b) The form of a mortgage, trust agreement, or trust
857-4 indenture securing department bonds must be authorized under the
857-5 resolution authorizing the issuance of the bonds. (V.A.C.S.
857-6 Art. 4413(501), Secs. 3.24(d), (e) (part).)
857-7 Sec. 2306.412. VALIDITY OF LIENS AND PLEDGES. (a) A lien
857-8 on or pledge of revenues, income, assets, reserves, funds, or other
857-9 resources of the housing finance division, as authorized by this
857-10 chapter, is valid and binding from the time of payment for and
857-11 delivery of the bonds authorized by the board resolution creating
857-12 or confirming the lien or pledge.
857-13 (b) A lien or pledge is fully effective as to revenues,
857-14 income, assets, reserves, funds, or other resources on hand or
857-15 later received, and those items are subject to the lien or pledge
857-16 without physical delivery of the item or any further act.
857-17 (c) A lien or pledge is valid and binding against a party
857-18 who has a claim in tort, contract, or otherwise against the
857-19 department or another party, regardless of whether the party has
857-20 notice of the lien or pledge.
857-21 (d) A resolution authorizing the issuance of department
857-22 bonds or any other instrument creating or confirming a lien or
857-23 pledge is not required to be filed or recorded, except that:
857-24 (1) the resolution or instrument must be filed in the
857-25 department's records; and
857-26 (2) each department bond resolution must be submitted
857-27 to the attorney general under Section 2306.431. (V.A.C.S.
858-1 Art. 4413(501), Sec. 3.38.)
858-2 (Sections 2306.413-2306.430 reserved for expansion)
858-3 SUBCHAPTER T. HOUSING FINANCE DIVISION BONDS:
858-4 APPROVAL, REGISTRATION, AND EXECUTION
858-5 Sec. 2306.431. Approval of Bonds. (a) Bonds issued by the
858-6 department and the appropriate proceedings authorizing the bonds'
858-7 issuance shall be submitted to the attorney general for
858-8 examination.
858-9 (b) The attorney general shall approve the bonds if the
858-10 attorney general finds that the bonds have been authorized as
858-11 provided by this chapter. (V.A.C.S. Art. 4413(501), Sec. 3.30
858-12 (part).)
858-13 Sec. 2306.432. REGISTRATION. On approval of the attorney
858-14 general under Section 2306.431, the comptroller shall register the
858-15 department's bonds. (V.A.C.S. Art. 4413(501), Sec. 3.30 (part).)
858-16 Sec. 2306.433. Execution. Bonds authorized by Section
858-17 2306.352 shall be executed on the board's behalf as general
858-18 obligations of the state as follows:
858-19 (1) the presiding officer of the board shall sign the
858-20 bonds;
858-21 (2) the board shall impress its seal on the bonds;
858-22 (3) the governor shall sign the bonds; and
858-23 (4) the secretary of state shall attest the bonds and
858-24 impress on them the state seal. (V.A.C.S. Art. 4413(501),
858-25 Sec. 3.31.)
858-26 (Sections 2306.434-2306.450 reserved for expansion)
858-27 SUBCHAPTER U. HOUSING FINANCE DIVISION BONDS: RIGHTS AND
859-1 REMEDIES OF BONDHOLDERS AND PARTIES IN INTEREST
859-2 Sec. 2306.451. STATE PLEDGE REGARDING BONDHOLDER RIGHTS AND
859-3 REMEDIES. (a) The state pledges to and agrees with the holders of
859-4 bonds issued under this chapter that it will not limit or alter the
859-5 rights vested in the department under this chapter to fulfill the
859-6 terms of an agreement made with a bondholder or impair the rights
859-7 and remedies of a bondholder until the following obligations are
859-8 fully discharged:
859-9 (1) the bonds;
859-10 (2) interest on the bonds;
859-11 (3) interest on any unpaid installment of interest;
859-12 and
859-13 (4) all costs and expenses related to an action or
859-14 proceeding by or on behalf of the holders.
859-15 (b) The department may include the state's pledge and
859-16 agreement under Subsection (a) in an agreement with the holders of
859-17 the department's bonds. (V.A.C.S. Art. 4413(501), Sec. 3.29(c).)
859-18 Sec. 2306.452. PAYMENT ENFORCEABLE BY MANDAMUS. A writ of
859-19 mandamus and any other legal or equitable remedy are available to a
859-20 party in interest to require the department, the treasurer, or
859-21 another party to carry out an agreement or to perform a function or
859-22 duty under:
859-23 (1) this chapter;
859-24 (2) the Texas Constitution; or
859-25 (3) the department's bond resolutions. (V.A.C.S. Art.
859-26 4413(501), Sec. 3.35.)
859-27 (Sections 2306.453-2306.470 reserved for expansion)
860-1 SUBCHAPTER V. HOUSING FINANCE DIVISION BONDS: OBLIGATIONS
860-2 OF DEPARTMENT AND STATE
860-3 Sec. 2306.471. GENERAL OBLIGATION BONDS. General obligation
860-4 bonds issued under Section 2306.352 and approved and registered
860-5 under this chapter are general obligations of the state. (V.A.C.S.
860-6 Art. 4413(501), Sec. 3.34(b).)
860-7 Sec. 2306.472. DEPARTMENT'S BONDS OTHER THAN GENERAL
860-8 OBLIGATION BONDS NOT OBLIGATIONS OF THE STATE. Except for bonds
860-9 authorized by the Texas Constitution and issued under Section
860-10 2306.352, the department's bonds:
860-11 (1) are solely obligations of the department and are
860-12 payable solely from funds of the housing finance division;
860-13 (2) are not an obligation, debt, or liability of the
860-14 state; and
860-15 (3) do not create or constitute a pledge, giving, or
860-16 lending of the faith, credit, or taxing power of the state.
860-17 (V.A.C.S. Art. 4413(501), Sec. 3.29(a).)
860-18 Sec. 2306.473. STATE NOT OBLIGATED TO PAY; FAITH AND CREDIT
860-19 NOT PLEDGED. A department bond not authorized by Section 2306.352
860-20 must contain a statement on the face of the bond that:
860-21 (1) the state is not obligated to pay the principal or
860-22 interest on the bond; and
860-23 (2) the faith, credit, or taxing power of the state is
860-24 not pledged, given, or loaned to payment of the bond's principal or
860-25 interest. (V.A.C.S. Art. 4413(501), Sec. 3.29(b).)
860-26 (Sections 2306.474-2306.490 reserved for expansion)
860-27 SUBCHAPTER W. HOUSING FINANCE DIVISION BONDS:
861-1 MISCELLANEOUS PROVISIONS
861-2 Sec. 2306.491. BONDS NEGOTIABLE INSTRUMENTS.
861-3 Notwithstanding any other statute, a bond and interest coupon
861-4 issued and delivered by the housing finance division is a
861-5 negotiable instrument under the Uniform Commercial Code, except
861-6 that the bond may be registered or subject to registration under
861-7 this chapter. (V.A.C.S. Art. 4413(501), Sec. 3.36.)
861-8 Sec. 2306.492. BONDS INCONTESTABLE. Department bonds are
861-9 incontestable for any reason in a court or other forum after
861-10 approval by the attorney general and registration by the
861-11 comptroller and are valid and binding obligations for all purposes
861-12 under the terms of the bonds. (V.A.C.S. Art. 4413(501), Sec.
861-13 3.34(a).)
861-14 Sec. 2306.493. Signature of Former Officer. If an officer
861-15 whose manual or facsimile signature appears on a bond or whose
861-16 facsimile signature appears on a coupon is not an officer at the
861-17 time the bond is delivered, the signature is valid and sufficient
861-18 for all purposes as if the officer had remained in office until
861-19 delivery. (V.A.C.S. Art. 4413(501), Sec. 3.33.)
861-20 Sec. 2306.494. Bonds Not Taxable. The following are free
861-21 from taxation or assessment by this state or a public agency:
861-22 (1) department bonds issued under this chapter;
861-23 (2) interest and income from department bonds,
861-24 including a profit from the sale of the bonds; and
861-25 (3) all fees, charges, gifts, grants, revenues,
861-26 receipts, and other money received or pledged to pay or secure the
861-27 payment of the department's bonds. (V.A.C.S. Art. 4413(501), Sec.
862-1 3.39.)
862-2 Sec. 2306.495. Authorized Investments. Bonds issued by the
862-3 department under this chapter are legal and authorized investments
862-4 for:
862-5 (1) banks;
862-6 (2) savings banks;
862-7 (3) trust companies;
862-8 (4) savings and loan associations;
862-9 (5) insurance companies;
862-10 (6) fiduciaries;
862-11 (7) trustees;
862-12 (8) guardians; or
862-13 (9) sinking or other public funds of:
862-14 (A) this state;
862-15 (B) a municipality;
862-16 (C) a county;
862-17 (D) a school district; or
862-18 (E) another political subdivision or public
862-19 agency of this state. (V.A.C.S. Art. 4413(501), Sec. 3.40.)
862-20 Sec. 2306.496. SECURITY FOR DEPOSIT OF FUNDS. Department
862-21 bonds are eligible and lawful security for a deposit of public
862-22 funds of the state or a public agency, to the extent of the greater
862-23 of the bonds' par or market value when accompanied by appurtenant
862-24 unmatured interest coupons. (V.A.C.S. Art. 4413(501), Sec. 3.41.)
862-25 Sec. 2306.497. MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
862-26 The board may provide procedures for the replacement of a
862-27 mutilated, lost, stolen, or destroyed bond or interest coupon.
863-1 (V.A.C.S. Art. 4413(501), Sec. 3.42.)
863-2 Sec. 2306.498. NO GAIN ALLOWED. (a) The director or a
863-3 board member may not have or attempt to have a pecuniary interest
863-4 in a transaction to which the department is a party for purposes of
863-5 personal pecuniary gain.
863-6 (b) A board member or department employee may not purchase
863-7 department bonds in the open secondary market for municipal
863-8 securities. (V.A.C.S. Art. 4413(501), Sec. 3.43.)
863-9 (Sections 2306.499-2306.510 reserved for expansion)
863-10 SUBCHAPTER X. INDIVIDUALS WITH SPECIAL NEEDS
863-11 Sec. 2306.511. DEFINITION. In this subchapter, "individual
863-12 with special needs" means an individual who:
863-13 (1) is considered to be an individual having a
863-14 disability under a state or federal law;
863-15 (2) is elderly;
863-16 (3) is designated by the board as experiencing a
863-17 unique need for decent, safe housing that is not being met
863-18 adequately by private enterprise; or
863-19 (4) is legally responsible for caring for an
863-20 individual described by Subdivision (1), (2), or (3) and meets the
863-21 income guidelines established by the board. (V.A.C.S. Art.
863-22 4413(501), Sec. 1.02(19).)
863-23 Sec. 2306.512. SPECIAL NEEDS. The department may adopt a
863-24 strategy to serve the needs of individuals with special needs.
863-25 (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
863-26 Sec. 2306.513. HOUSING FOR INDIVIDUALS WITH SPECIAL NEEDS.
863-27 (a) The board shall adopt rules to achieve occupancy by
864-1 individuals with special needs of at least five percent of the
864-2 units in each multifamily housing development.
864-3 (b) Subsection (a) applies only to a multifamily housing
864-4 development that contains at least 20 units and is financed by
864-5 bonds issued under this chapter.
864-6 (c) If a survey that is conducted by the housing sponsor and
864-7 verified by the housing finance division reveals that there is not
864-8 sufficient need for housing for individuals with special needs in
864-9 the area in which the development will be built or renovated to
864-10 justify building or renovating and reserving at least five percent
864-11 of the units for individuals with special needs, the department
864-12 may, on a showing of good cause by the housing sponsor, lower the
864-13 requirements to correspond to the amount of need found by the
864-14 housing sponsor.
864-15 (d) The housing finance division shall cooperate with the
864-16 Texas Department on Aging to implement this section and shall
864-17 reimburse the department for the costs of:
864-18 (1) assessing the need for housing for individuals
864-19 with special needs in different locations;
864-20 (2) setting standards relating to the design and
864-21 construction of housing for individuals with special needs;
864-22 (3) providing planning assistance to builders; and
864-23 (4) publicizing the availability of the housing
864-24 program to potential developers and residents.
864-25 (e) The department and the Texas Department on Aging shall
864-26 determine a procedure for paying for services provided by the Texas
864-27 Department on Aging. (V.A.C.S. Art. 4413(501), Sec. 3.13.)
865-1 SECTION 2. CONFORMING AMENDMENT. Chapter 121, Civil
865-2 Practice and Remedies Code, is amended by adding Section 121.015 to
865-3 read as follows:
865-4 Sec. 121.015. PRIVATE SEAL OR SCROLL NOT REQUIRED. A
865-5 private seal or scroll may not be required on a written instrument
865-6 other than an instrument made by a corporation. (V.A.C.S. Art. 27
865-7 (part).)
865-8 SECTION 3. CONFORMING AMENDMENT. Title 6, Civil Practice
865-9 and Remedies Code, is amended by adding Chapter 136 to read as
865-10 follows:
865-11 CHAPTER 136. PROOF OF MAILING
865-12 Sec. 136.001. CERTIFIED MAIL. (a) Except as provided by
865-13 Subsection (b), a person may use certified mail with return receipt
865-14 requested in any case in which registered mail is required by law.
865-15 The mailing of a notice of hearing, citation, bid request, or other
865-16 notice, information, or material by certified mail has the same
865-17 legal effect as if sent by registered mail, if the receipt for the
865-18 certified mail is validated with an official post office postmark.
865-19 (b) An article shall be sent by registered mail if
865-20 registered mail is required by law to provide insurance against
865-21 loss of the article.
865-22 SECTION 4. CONFORMING AMENDMENT. Section 7(f), Article
865-23 42.18, Code of Criminal Procedure, is amended to read as follows:
865-24 (f) The members of the board shall meet at least once in
865-25 each quarter of the calendar year at a site determined by the
865-26 chairman for the purpose of making clemency decisions. <As a
865-27 specific exception to Chapter 271, Acts of the 60th Legislature,
866-1 Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil
866-2 Statutes), the board, at the call of the chair, may hold a hearing
866-3 on clemency matters by telephone conference call.> The portion of
866-4 a meeting that is public shall be recorded and the recording made
866-5 available to the public to be heard at one or more places
866-6 designated by the board.
866-7 SECTION 5. CONFORMING AMENDMENT. Article 19.14, Code of
866-8 Criminal Procedure, is amended to read as follows:
866-9 Art. 19.14. SUMMONING. The sheriff shall summon the persons
866-10 named in the list at least three days, exclusive of the day of
866-11 service, prior to the day on which the grand jury is to be
866-12 impaneled, by giving personal notice to each juror of the time and
866-13 place when and where he is to attend as a grand juror, or by
866-14 leaving at his place of residence with a member of his family over
866-15 sixteen years old, a written notice to such juror that he has been
866-16 selected as a grand juror, and the time and place when and where he
866-17 is to attend; or the judge, at his election, may direct the sheriff
866-18 to summon the grand jurors by registered or certified mail.
866-19 SECTION 6. AMENDMENT. Chapter 56, Code of Criminal
866-20 Procedure, is amended by designating Sections 56.01-56.10 as
866-21 "SUBCHAPTER A. CRIME VICTIMS' RIGHTS," and by adding Subchapter B
866-22 to read as follows:
866-23 SUBCHAPTER B. CRIME VICTIMS COMPENSATION
866-24 Sec. 56.31. SHORT TITLE. This subchapter may be cited as
866-25 the Crime Victims Compensation Act. (V.A.C.S. Art. 8309-1,
866-26 Sec. 1.)
866-27 Sec. 56.32. DEFINITIONS. In this subchapter:
867-1 (1) "Child" means an individual younger than 17 years
867-2 of age.
867-3 (2) "Claimant" means a victim or an authorized person
867-4 acting on behalf of a victim.
867-5 (3) "Collateral source" means any of the following
867-6 sources of benefits or advantages for pecuniary loss that a victim
867-7 has received or that is readily available to the victim:
867-8 (A) the offender under an order of restitution
867-9 to the claimant imposed by a court as a condition of probation;
867-10 (B) the United States, a federal agency, a state
867-11 or any of its political subdivisions, or an instrumentality of two
867-12 or more states, unless the law providing for the benefits or
867-13 advantages makes them in excess of or secondary to benefits under
867-14 this subchapter;
867-15 (C) social security, Medicare, or Medicaid;
867-16 (D) state-required temporary nonoccupational
867-17 disability insurance;
867-18 (E) workers' compensation;
867-19 (F) an employer's wage continuation program;
867-20 (G) proceeds of an insurance contract payable to
867-21 the victim for loss that the victim sustained because of the
867-22 criminally injurious conduct; or
867-23 (H) a contract providing prepaid hospital and
867-24 other health care services or benefits for disability.
867-25 (4) "Criminally injurious conduct" means conduct that:
867-26 (A) occurs or is attempted;
867-27 (B) poses a substantial threat of personal
868-1 injury or death;
868-2 (C) is punishable by fine, imprisonment, or
868-3 death, or would be punishable by fine, imprisonment, or death if
868-4 the person engaging in the conduct possessed capacity to commit the
868-5 conduct; and
868-6 (D) does not arise out of the ownership,
868-7 maintenance, or use of a motor vehicle, aircraft, or water vehicle,
868-8 unless the conduct is intended to cause personal injury or death in
868-9 violation of Section 38, Uniform Act Regulating Traffic on Highways
868-10 (Article 6701d, Vernon's Texas Civil Statutes), or Article 6701l-1,
868-11 Revised Statutes.
868-12 (5) "Dependent" means:
868-13 (A) a surviving spouse;
868-14 (B) a person who is a dependent, within the
868-15 meaning of Section 152, Internal Revenue Code of 1986 (26 U.S.C.
868-16 Section 152), of a deceased victim; or
868-17 (C) a posthumous child of a deceased victim.
868-18 (6) "Immediate family member" means an individual who:
868-19 (A) is the father, mother, sister, brother,
868-20 daughter, son, or spouse of a victim; and
868-21 (B) resided in the same permanent household as
868-22 the victim at the time that the criminally injurious conduct
868-23 occurred.
868-24 (7) "Intervenor" means an individual who goes to the
868-25 aid of another and is killed or injured in the good faith effort to
868-26 prevent criminally injurious conduct, to apprehend a person
868-27 reasonably suspected of having engaged in criminally injurious
869-1 conduct, or to aid a police officer. The term does not include a
869-2 peace officer, firefighter, lifeguard, or individual whose
869-3 employment includes the duty to protect the public safety acting
869-4 within the course and scope of the individual's employment.
869-5 (8) "Pecuniary loss" means the amount of expense
869-6 reasonably and necessarily incurred:
869-7 (A) as a result of personal injury for:
869-8 (i) medical, hospital, nursing, or
869-9 psychiatric care or counseling, or physical therapy;
869-10 (ii) actual loss of past earnings and
869-11 anticipated loss of future earnings because of a disability
869-12 resulting from the personal injury; and
869-13 (iii) care of a minor child enabling a
869-14 victim or a victim's spouse, but not both of them, to continue
869-15 gainful employment; and
869-16 (B) as a result of death for:
869-17 (i) funeral and burial expenses;
869-18 (ii) loss of support to a dependent; and
869-19 (iii) care of a minor child enabling the
869-20 surviving spouse of a victim to engage in lawful employment.
869-21 (9) "Personal injury" means physical harm to a victim.
869-22 (10) "Victim" means:
869-23 (A) an individual who:
869-24 (i) suffers personal injury or death as a
869-25 result of criminally injurious conduct;
869-26 (ii) at the time of the criminally
869-27 injurious conduct, is in this state; and
870-1 (iii) is a resident of this state, another
870-2 state of the United States, the District of Columbia, the
870-3 Commonwealth of Puerto Rico, or a possession or territory of the
870-4 United States;
870-5 (B) an individual who:
870-6 (i) suffers personal injury or death as a
870-7 result of criminally injurious conduct;
870-8 (ii) at the time of the criminally
870-9 injurious conduct, is in a state that does not have a crime victims
870-10 compensation program that meets the requirements of Section
870-11 1403(b), Crime Victims Compensation Act of 1984 (42 U.S.C. Section
870-12 10602(b));
870-13 (iii) at the time of the criminally
870-14 injurious conduct, is a resident of this state; and
870-15 (iv) would be entitled to compensation
870-16 under this subchapter if the criminally injurious conduct had
870-17 occurred in this state;
870-18 (C) an intervenor;
870-19 (D) a dependent of a deceased victim;
870-20 (E) an immediate family member of a deceased
870-21 victim who is not a dependent of the victim and who requires
870-22 psychiatric care or counseling as a direct result of the criminally
870-23 injurious conduct;
870-24 (F) an individual who:
870-25 (i) is not an immediate family member or a
870-26 dependent, but who resided in the same permanent household as a
870-27 deceased victim in a relationship with the victim within the second
871-1 degree of consanguinity; and
871-2 (ii) requires psychiatric care or
871-3 counseling as a direct result of the criminally injurious conduct;
871-4 (G) in the event of a death, a person who
871-5 legally assumes the obligation or who voluntarily pays the medical
871-6 or burial expenses incurred as a direct result of the criminally
871-7 injurious conduct; or
871-8 (H) an immediate family member of a victim who
871-9 is a child and who requires psychological or psychiatric counseling
871-10 as a direct result of the criminally injurious conduct. (V.A.C.S.
871-11 Art. 8309-1, Sec. 3 (part).)
871-12 Sec. 56.33. ADMINISTRATION; RULES. (a) The attorney
871-13 general shall adopt rules consistent with this subchapter governing
871-14 its administration, including rules relating to the method of
871-15 filing claims and the proof of entitlement to compensation.
871-16 Subchapters A and B, Chapter 2001, Government Code, except Sections
871-17 2001.004(3) and 2001.005, apply to the attorney general.
871-18 (b) The attorney general may designate a power, duty, or
871-19 responsibility given to the attorney general under this subchapter
871-20 to a person in the attorney general's office. (V.A.C.S. Art.
871-21 8309-1, Secs. 3a, 10(a) (part).)
871-22 Sec. 56.34. COMPENSATION. (a) The attorney general shall
871-23 award compensation for pecuniary loss arising from criminally
871-24 injurious conduct if the attorney general is satisfied by a
871-25 preponderance of the evidence that the requirements of this
871-26 subchapter are met.
871-27 (b) The attorney general shall establish whether, as a
872-1 direct result of criminally injurious conduct, a victim suffered
872-2 personal injury or death that resulted in a pecuniary loss for
872-3 which the victim is not compensated from a collateral source.
872-4 (V.A.C.S. Art. 8309-1, Secs. 6(a), (b).)
872-5 Sec. 56.35. TYPES OF ASSISTANCE. If the attorney general
872-6 approves an application for compensation under Section 56.41 of
872-7 this code, the attorney general shall determine what type of state
872-8 assistance will best aid the claimant. The attorney general may do
872-9 one or more of the following:
872-10 (1) authorize cash payment or payments to or on behalf
872-11 of a claimant for pecuniary loss;
872-12 (2) refer a claimant to a state agency for vocational
872-13 or other rehabilitative services; or
872-14 (3) provide counseling services for a victim or
872-15 contract with a private entity to provide counseling services.
872-16 (V.A.C.S. Art. 8309-1, Sec. 7(a).)
872-17 Sec. 56.36. APPLICATION. (a) An applicant for compensation
872-18 under this subchapter must apply in writing in a form that conforms
872-19 substantially to that prescribed by the attorney general.
872-20 (b) An application must be verified and must contain:
872-21 (1) the date on which the criminally injurious conduct
872-22 occurred;
872-23 (2) a description of the nature and circumstances of
872-24 the criminally injurious conduct;
872-25 (3) a complete financial statement, including:
872-26 (A) the cost of medical care or burial expenses
872-27 and the loss of wages or support the claimant has incurred or will
873-1 incur; and
873-2 (B) the extent to which the claimant has been
873-3 indemnified for those expenses from a collateral source;
873-4 (4) if appropriate, a statement indicating the extent
873-5 of a disability resulting from the injury incurred;
873-6 (5) an authorization permitting the attorney general
873-7 to verify the contents of the application; and
873-8 (6) other information the attorney general requires.
873-9 (V.A.C.S. Art. 8309-1, Secs. 4(a), (d).)
873-10 Sec. 56.37. TIME FOR FILING. (a) Except as otherwise
873-11 provided by this section, a claimant must file an application not
873-12 later than the first anniversary of the criminally injurious
873-13 conduct.
873-14 (b) The attorney general may extend the time for filing for
873-15 good cause shown by the claimant.
873-16 (c) Subsection (a) of this section does not apply to a
873-17 claimant if:
873-18 (1) the claimant is a child who is the victim; or
873-19 (2) the claimant is an immediate family member of a
873-20 child who is the victim, and the immediate family member, as the
873-21 direct result of the criminally injurious conduct, requires
873-22 psychological or psychiatric counselling.
873-23 (d) If a claimant presents medically documented evidence of
873-24 a physical incapacity that was incurred by the claimant as a result
873-25 of the criminally injurious conduct and that reasonably prevented
873-26 the claimant from filing the application within the limitations
873-27 period under Subsection (a) of this section, the period of the
874-1 incapacity is not included. (V.A.C.S. Art. 8309-1, Sec. 4(c).)
874-2 Sec. 56.38. REVIEW; VERIFICATION. (a) The attorney general
874-3 shall appoint a clerk to review each application for compensation
874-4 under Section 56.36 of this code to ensure the application is
874-5 complete. If an application is not complete, the clerk shall
874-6 return it to the claimant and give a brief statement showing the
874-7 additional information required. Not later than the 30th day after
874-8 receiving a returned application, a claimant may:
874-9 (1) supply the additional information; or
874-10 (2) appeal the action to the attorney general, who
874-11 shall review the application to determine whether it is complete.
874-12 (b) The attorney general may investigate an application.
874-13 (c) Incident to the attorney general's review, verification,
874-14 and hearing duties under this subchapter, the attorney general may:
874-15 (1) request from prosecuting attorneys and law
874-16 enforcement officers investigations and information to enable the
874-17 attorney general to determine whether and the extent to which a
874-18 claimant qualifies for an award;
874-19 (2) subpoena witnesses and administer oaths to
874-20 determine whether and the extent to which a claimant qualifies for
874-21 an award; and
874-22 (3) order a victim to submit to a mental or physical
874-23 examination by a physician or psychologist or order an autopsy of a
874-24 deceased victim as provided by Section 56.39 of this code, if the
874-25 mental, physical, or emotional condition of a victim is material to
874-26 a claim. (V.A.C.S. Art. 8309-1, Secs. 5(a), (b), (e) (part).)
874-27 Sec. 56.39. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY. (a)
875-1 An order for a mental or physical examination or an autopsy as
875-2 provided by Section 56.38(c)(3) of this code may be made for good
875-3 cause shown on notice to the individual to be examined and to all
875-4 persons who have appeared.
875-5 (b) An order shall:
875-6 (1) specify the time, place, manner, conditions, and
875-7 scope of the examination or autopsy;
875-8 (2) specify the person by whom the examination or
875-9 autopsy is to be made; and
875-10 (3) require the person making the examination or
875-11 autopsy to file with the attorney general a detailed written report
875-12 of the examination or autopsy.
875-13 (c) A report shall set out the findings of the person making
875-14 the examination or autopsy, including:
875-15 (1) the results of any tests made; and
875-16 (2) diagnoses, prognoses, and other conclusions and
875-17 reports of earlier examinations of the same conditions.
875-18 (d) On request of the individual examined, the attorney
875-19 general shall furnish the individual with a copy of the report. If
875-20 the victim is deceased, the attorney general on request shall
875-21 furnish the claimant with a copy of the report.
875-22 (e) A physician or psychologist making an examination or
875-23 autopsy under this section shall be compensated from funds
875-24 appropriated for the administration of this subchapter. (V.A.C.S.
875-25 Art. 8309-1, Secs. 5(e) (part), (f).)
875-26 Sec. 56.40. HEARINGS. (a) The attorney general shall
875-27 determine whether a hearing on an application for compensation
876-1 under this subchapter is necessary.
876-2 (b) If the attorney general determines that a hearing is not
876-3 necessary, the attorney general may approve the application in
876-4 accordance with the provisions of Section 56.41 of this code.
876-5 (c) If the attorney general determines that a hearing is
876-6 necessary or the claimant requests a hearing, the attorney general
876-7 shall consider the application at a hearing at a time and place of
876-8 the attorney general's choosing. The attorney general shall notify
876-9 all interested persons not less than 10 days before the date of the
876-10 hearing.
876-11 (d) At the hearing the attorney general shall:
876-12 (1) review the application for assistance and the
876-13 report prepared under Section 56.39 of this code and any other
876-14 evidence obtained as a result of the attorney general's
876-15 investigation; and
876-16 (2) receive other evidence that the attorney general
876-17 finds necessary or desirable to evaluate the application properly.
876-18 (e) The attorney general may appoint hearing officers to
876-19 conduct hearings or prehearing conferences under this subchapter.
876-20 (f) A hearing or prehearing conference is open to the public
876-21 unless in a particular case the hearing officer or attorney general
876-22 determines that the hearing or prehearing conference or a part of
876-23 it should be held in private because a criminal suspect has not
876-24 been apprehended or because it is in the interest of the claimant.
876-25 (g) The attorney general may suspend the proceedings pending
876-26 disposition of a criminal prosecution that has been commenced or is
876-27 imminent, but may make an emergency award under Section 56.50 of
877-1 this code.
877-2 (h) Subchapters C-H, Chapter 2001, Government Code, do not
877-3 apply to the attorney general or the attorney general's orders and
877-4 decisions. (V.A.C.S. Art. 8309-1, Secs. 5(c), (d); 10(a) (part),
877-5 (b)-(d).)
877-6 Sec. 56.41. APPROVAL OF CLAIM. (a) The attorney general
877-7 shall approve an application for compensation under this subchapter
877-8 if the attorney general finds that grounds for compensation under
877-9 this subchapter exist.
877-10 (b) The attorney general shall deny an application for
877-11 compensation under this subchapter if:
877-12 (1) the criminally injurious conduct is not reported
877-13 as provided by Section 56.46 of this code;
877-14 (2) the application is not made in the manner provided
877-15 by Sections 56.36 and 56.37 of this code;
877-16 (3) the victim or individual whose injury or death
877-17 gives rise to the application knowingly and willingly participated
877-18 in the criminally injurious conduct;
877-19 (4) the claimant is the offender or an accomplice of
877-20 the offender;
877-21 (5) an award of compensation to the claimant would
877-22 benefit the offender or an accomplice of the offender; or
877-23 (6) the victim was incarcerated in a penal
877-24 institution, as defined by Section 1.07(26), Penal Code, at the
877-25 time the offense was committed.
877-26 (c) Except as provided by rules adopted by the attorney
877-27 general to prevent the unjust enrichment of an offender, the
878-1 attorney general may not deny an award otherwise payable to a
878-2 victim because the victim:
878-3 (1) is an immediate family member of the offender; or
878-4 (2) resides in the same household as the offender.
878-5 (V.A.C.S. Art. 8309-1, Secs. 6(a)-(c), (e).)
878-6 Sec. 56.42. LIMITS ON COMPENSATION. (a) A claimant is not
878-7 entitled to compensation for pecuniary loss under this subchapter:
878-8 (1) in excess of $200 a week for:
878-9 (A) actual loss of past earnings or anticipated
878-10 loss of future earnings; or
878-11 (B) loss of support to a dependent;
878-12 (2) for actual loss of past earnings or anticipated
878-13 loss of future earnings if the victim is an accomplice of the
878-14 offender;
878-15 (3) for loss of support to a dependent after the date
878-16 the dependence would have ended if the victim had survived;
878-17 (4) for care of a minor child in excess of:
878-18 (A) $50 a week for one child;
878-19 (B) $100 a week for two children; or
878-20 (C) $125 a week for three or more children;
878-21 (5) for loss of support to a dependent or care of a
878-22 minor child as a result of death, if the expense is otherwise
878-23 compensated for as a pecuniary loss for personal injury; or
878-24 (6) for loss attributable to pain and suffering.
878-25 (b) Awards payable to a victim and all other claimants
878-26 sustaining pecuniary loss because of injury or death of that victim
878-27 may not exceed $25,000 in the aggregate. (V.A.C.S. Art. 8309-1,
879-1 Secs. 3 (part), 7(b).)
879-2 Sec. 56.43. ATTORNEY'S FEES. (a) As part of an order, the
879-3 attorney general shall determine and award reasonable attorney's
879-4 fees, commensurate with services rendered, to be paid by the state
879-5 to the attorney representing the claimant.
879-6 (b) Attorney's fees may be denied on a finding that the
879-7 claim or appeal is frivolous.
879-8 (c) An award of attorney's fees is in addition to an award
879-9 of compensation.
879-10 (d) An attorney may not contract for or receive an amount
879-11 larger than that allowed under this section.
879-12 (e) Attorney's fees may not be paid to an attorney of a
879-13 claimant unless an award is made to the claimant. (V.A.C.S. Art.
879-14 8309-1, Sec. 12 (part).)
879-15 Sec. 56.44. PAYMENTS. (a) The attorney general may provide
879-16 for the payment of an award in a lump sum or in installments. The
879-17 attorney general shall provide that the part of an award equal to
879-18 the amount of pecuniary loss accrued to the date of the award be
879-19 paid in a lump sum. Except as provided in Subsection (b) of this
879-20 section, the attorney general shall pay the part of an award for
879-21 allowable expense that accrues after the award is made in
879-22 installments.
879-23 (b) At the request of the claimant, the attorney general may
879-24 provide that an award for future pecuniary loss be paid in a lump
879-25 sum if the attorney general finds that:
879-26 (1) paying the award in a lump sum will promote the
879-27 interests of the claimant; or
880-1 (2) the present value of all future pecuniary loss
880-2 does not exceed $1,000.
880-3 (c) The attorney general may not provide for an award for
880-4 future pecuniary loss payable in installments for a period for
880-5 which the attorney general cannot reasonably determine the future
880-6 pecuniary loss. (V.A.C.S. Art. 8309-1, Secs. 7(c)-(e).)
880-7 Sec. 56.45. DENIAL OR REDUCTION OF AWARD. The attorney
880-8 general may deny or reduce an award otherwise payable:
880-9 (1) if the victim has not substantially cooperated
880-10 with an appropriate law enforcement agency;
880-11 (2) if the victim bears a share of the responsibility
880-12 for the act or omission giving rise to the claim because of the
880-13 victim's behavior at the time of the act or omission; or
880-14 (3) to the extent that pecuniary loss is recouped from
880-15 another person, including a collateral source. (V.A.C.S. Art.
880-16 8309-1, Sec. 6(d).)
880-17 Sec. 56.46. REPORTING OF CRIME. (a) Except as otherwise
880-18 provided by this section, a claimant may not file an application
880-19 unless the victim reports the criminally injurious conduct to the
880-20 appropriate state or local public safety or law enforcement agency
880-21 not later than 72 hours after the criminally injurious conduct is
880-22 committed.
880-23 (b) The attorney general may extend the time for reporting
880-24 the criminally injurious conduct if the attorney general determines
880-25 that the extension is justified by extraordinary circumstances.
880-26 (c) Subsection (a) of this section does not apply if the
880-27 victim is a child. (V.A.C.S. Art. 8309-1, Sec. 4(b).)
881-1 Sec. 56.47. RECONSIDERATION. (a) The attorney general, on
881-2 the attorney general's own motion or on request of a claimant, may
881-3 reconsider:
881-4 (1) a decision to make or deny an award; or
881-5 (2) the amount of an award.
881-6 (b) At least annually, the attorney general shall reconsider
881-7 each award being paid in installments.
881-8 (c) An order on reconsideration may not require refund of
881-9 amounts previously paid unless the award was obtained by fraud.
881-10 (d) The right of reconsideration does not affect the
881-11 finality of an attorney general decision for the purpose of
881-12 judicial review. (V.A.C.S. Art. 8309-1, Secs. 9(a), (b).)
881-13 Sec. 56.48. JUDICIAL REVIEW. (a) Not later than the 20th
881-14 day after the attorney general renders a final decision, a claimant
881-15 may file with the attorney general a notice of dissatisfaction with
881-16 the decision. Not later than the 20th day after the claimant gives
881-17 notice, the claimant shall bring suit in the district court having
881-18 jurisdiction in the county in which:
881-19 (1) the injury or death occurred; or
881-20 (2) the victim resided at the time the injury or death
881-21 occurred.
881-22 (b) While judicial review of a decision by the attorney
881-23 general is pending, the attorney general:
881-24 (1) shall suspend payments to the claimant; and
881-25 (2) may not reconsider the award.
881-26 (c) The court shall determine the issues by trial de novo.
881-27 The burden of proof is on the claimant.
882-1 (d) A court may award additional attorney's fees to a claim
882-2 in the event of review.
882-3 (e) In computing a period under this section, if the last
882-4 day is a legal holiday or Sunday, the last day is not counted, and
882-5 the time is extended to include the next business day. (V.A.C.S.
882-6 Art. 8309-1, Secs. 9(c), 12 (part).)
882-7 Sec. 56.49. EXEMPTION; ASSIGNABILITY. (a) An award is not
882-8 subject to execution, attachment, garnishment, or other process,
882-9 except that an award is not exempt from a claim of a creditor to
882-10 the extent that the creditor provided products, services, or
882-11 accommodations, the costs of which are included in the award.
882-12 (b) An assignment or agreement to assign a right to benefits
882-13 for loss accruing in the future is unenforceable except:
882-14 (1) an assignment of a right to benefits for loss of
882-15 earnings is enforceable to secure payment of alimony, maintenance,
882-16 or child support; and
882-17 (2) an assignment of a right to benefits is
882-18 enforceable to the extent that the benefits are for the cost of
882-19 products, services, or accommodations:
882-20 (A) made necessary by the injury or death on
882-21 which the claim is based; and
882-22 (B) provided or to be provided by the assignee.
882-23 (V.A.C.S. Art. 8309-1, Secs. 7(f), (g).)
882-24 Sec. 56.50. EMERGENCY AWARD. (a) The attorney general may
882-25 make an emergency award if, before acting on an application for
882-26 compensation under this subchapter, it appears likely that:
882-27 (1) a final award will be made; and
883-1 (2) the claimant will suffer undue hardship if
883-2 immediate economic relief is not obtained.
883-3 (b) An emergency award may not exceed $1,500.
883-4 (c) The amount of an emergency award shall be:
883-5 (1) deducted from the final award; or
883-6 (2) repaid by and recoverable from the claimant to the
883-7 extent the emergency award exceeds the final award. (V.A.C.S. Art.
883-8 8309-1, Sec. 8.)
883-9 Sec. 56.51. SUBROGATION. If compensation is awarded under
883-10 this subchapter, the state is subrogated to all the claimant's
883-11 rights to receive or recover benefits for pecuniary loss to the
883-12 extent compensation is awarded from a collateral source. (V.A.C.S.
883-13 Art. 8309-1, Sec. 11(a).)
883-14 Sec. 56.52. NOTICE OF PRIVATE ACTION. (a) Before a
883-15 claimant may bring an action to recover damages related to
883-16 criminally injurious conduct for which compensation under this
883-17 subchapter is claimed or awarded, the claimant must give the
883-18 attorney general written notice of the proposed action. After
883-19 receiving the notice, the attorney general shall promptly:
883-20 (1) join in the action as a party plaintiff to recover
883-21 benefits awarded;
883-22 (2) require the claimant to bring the action in the
883-23 claimant's name as a trustee on behalf of the state to recover
883-24 benefits awarded; or
883-25 (3) reserve the attorney general's rights and do
883-26 neither in the proposed action.
883-27 (b) If the claimant brings the action as trustee and
884-1 recovers compensation awarded by the attorney general, the claimant
884-2 may deduct from the benefits recovered on behalf of the state the
884-3 reasonable expenses of the suit, including attorney's fees,
884-4 expended in pursuing the recovery for the state. The claimant must
884-5 justify this deduction in writing to the attorney general on a form
884-6 provided by the attorney general. (V.A.C.S. Art. 8309-1, Secs.
884-7 11(b), (c).)
884-8 Sec. 56.53. ANNUAL REPORT. Annually, the attorney general
884-9 shall report to the governor and the legislature on the attorney
884-10 general's activities, including a statistical summary of claims and
884-11 awards made and denied. The reporting period is the state fiscal
884-12 year. The attorney general shall file the report not later than
884-13 the 60th day after the end of the fiscal year. (V.A.C.S. Art.
884-14 8309-1, Sec. 13.)
884-15 Sec. 56.54. FUNDS. (a) The compensation to victims of
884-16 crime fund and the compensation to victims of crime auxiliary fund
884-17 are in the state treasury.
884-18 (b) The compensation to victims of crime fund may be used by
884-19 the attorney general only for the payment of compensation to
884-20 claimants under this subchapter and other expenses in administering
884-21 this subchapter.
884-22 (c) The compensation to victims of crime auxiliary fund may
884-23 be used by the attorney general only for the payment of
884-24 compensation to claimants under this subchapter.
884-25 (d) The attorney general may not make compensation payments
884-26 in excess of the amount of money available from the combined funds.
884-27 (e) General revenues may not be used for payments under this
885-1 subchapter. (V.A.C.S. Art. 8309-1, Sec. 14(a).)
885-2 Sec. 56.55. COURT COSTS. (a) A person shall pay:
885-3 (1) $20 as a court cost on conviction of a felony;
885-4 (2) $15 as a court cost on conviction of a violation
885-5 of a municipal ordinance punishable by a fine of more than $200 or
885-6 on conviction of a misdemeanor punishable by imprisonment or by a
885-7 fine of more than $500; or
885-8 (3) $5 as a court cost on conviction of a violation of
885-9 a municipal ordinance punishable by a fine of not more than $200 or
885-10 on conviction of a misdemeanor punishable by a fine of not more
885-11 than $500, other than a conviction of a misdemeanor offense or a
885-12 violation of a municipal ordinance relating to pedestrians and the
885-13 parking of motor vehicles.
885-14 (b) The court shall assess and make a reasonable effort to
885-15 collect the cost due under this section whether any other court
885-16 cost is assessed or collected.
885-17 (c) In this section, a person is considered to have been
885-18 convicted if:
885-19 (1) a sentence is imposed;
885-20 (2) the defendant receives probation or deferred
885-21 adjudication; or
885-22 (3) the court defers final disposition of the case.
885-23 (d) Court costs under this section are collected in the same
885-24 manner as other fines or costs. (V.A.C.S. Art. 8309-1, Secs.
885-25 14(b), (c).)
885-26 Sec. 56.56. DEPOSIT AND REMITTANCE OF COURT COSTS. (a) The
885-27 officer collecting the costs in a municipal court case shall keep
886-1 separate records of the funds collected as costs under Section
886-2 56.55 of this code and shall deposit the funds in the municipal
886-3 treasury. The officer collecting the costs in a justice, county,
886-4 or district court case shall keep separate records of the funds
886-5 collected as costs under Section 56.55 of this code and shall
886-6 deposit the funds in the county treasury.
886-7 (b) The custodian of a municipal or county treasury shall:
886-8 (1) keep records of the amount of funds on deposit
886-9 collected under Section 56.55 of this code; and
886-10 (2) send to the comptroller before the last day of the
886-11 first month following each calendar quarter the funds collected
886-12 during the preceding quarter.
886-13 (c) A municipality or county may retain 10 percent of the
886-14 funds collected under Section 56.55 of this code as a collection
886-15 fee if the custodian of the treasury:
886-16 (1) keeps records of the amount of funds on deposit
886-17 collected under Section 56.55 of this code; and
886-18 (2) sends to the comptroller the funds within the
886-19 period prescribed by Subsection (b)(2) of this section.
886-20 (d) If no funds due as costs under Section 56.55 of this
886-21 code are collected by a custodian of a municipal or county treasury
886-22 in a quarter, the custodian shall file the report required for the
886-23 quarter in the regular manner and must state that no funds were
886-24 collected. (V.A.C.S. Art. 8309-1, Secs. 14(d), (e).)
886-25 Sec. 56.57. DEPOSIT BY COMPTROLLER; AUDIT. (a) The
886-26 comptroller shall deposit the funds received under Section 56.56 of
886-27 this code in the compensation to victims of crime fund.
887-1 (b) Funds collected are subject to audit by the comptroller.
887-2 Funds spent are subject to audit by the state auditor. (V.A.C.S.
887-3 Art. 8309-1, Sec. 14(f).)
887-4 Sec. 56.58. ADJUSTMENT OF AWARDS AND PAYMENTS. The attorney
887-5 general shall establish a policy to adjust awards and payments so
887-6 that the total amount of awards granted in each calendar year does
887-7 not exceed the amount of money credited to the fund during that
887-8 year. (V.A.C.S. Art. 8309-1, Sec. 14(g).)
887-9 Sec. 56.59. ATTORNEY GENERAL SUPERVISION OF COLLECTION OF
887-10 COSTS; FAILURE TO COMPLY. (a) If the attorney general has reason
887-11 to believe that a court has not been assessing costs due under
887-12 Section 56.55 of this code or has not been making a reasonable
887-13 effort to collect those costs, the attorney general shall send a
887-14 warning letter to the court or the governing body of the
887-15 governmental unit in which the court is located.
887-16 (b) Within 60 days after receipt of a warning letter, the
887-17 court or governing body shall respond in writing to the attorney
887-18 general, specifically referring to the charges in the warning
887-19 letter.
887-20 (c) If the court or governing body does not respond or if
887-21 the attorney general considers the response inadequate, the
887-22 attorney general may request the comptroller to audit the records
887-23 of:
887-24 (1) the court;
887-25 (2) the officer charged with collecting the costs; or
887-26 (3) the treasury of the governmental unit in which the
887-27 court is located.
888-1 (d) The comptroller shall give the attorney general the
888-2 results of the audit.
888-3 (e) If, using the results of the audit and other evidence
888-4 available, the attorney general finds that a court is not assessing
888-5 costs due under Section 56.55 of this code or is not making a
888-6 reasonable effort to collect those costs, the attorney general may:
888-7 (1) refuse to award compensation under this subchapter
888-8 to residents of the jurisdiction served by the court; or
888-9 (2) notify the State Commission on Judicial Conduct of
888-10 the findings.
888-11 (f) The failure, refusal, or neglect of a judicial officer
888-12 to comply with a requirement of Section 56.55 of this code:
888-13 (1) constitutes official misconduct; and
888-14 (2) is grounds for removal from office. (V.A.C.S.
888-15 Art. 8309-1, Sec. 14(h).)
888-16 Sec. 56.60. PUBLIC NOTICE. (a) A hospital licensed under
888-17 the laws of this state shall display prominently in its emergency
888-18 room posters giving notification of the existence and general
888-19 provisions of this subchapter. The attorney general shall set
888-20 standards for the location of the display and shall provide
888-21 posters, application forms, and general information regarding this
888-22 subchapter to each hospital and physician licensed to practice in
888-23 this state.
888-24 (b) Each local law enforcement agency shall inform a victim
888-25 of criminally injurious conduct of the provisions of this
888-26 subchapter and provide application forms to a victim who desires
888-27 assistance. The attorney general shall provide application forms
889-1 and all other documents that local law enforcement agencies may
889-2 require to comply with this section. The attorney general shall
889-3 set standards to be followed by local law enforcement agencies for
889-4 this purpose and may require them to file with the attorney general
889-5 a description of the procedures adopted by each agency to comply.
889-6 (V.A.C.S. Art. 8309-1, Secs. 10(e), (f).)
889-7 Sec. 56.61. COMPENSATION FOR CERTAIN CRIMINALLY INJURIOUS
889-8 CONDUCT PROHIBITED. The attorney general may not award
889-9 compensation for economic loss arising from criminally injurious
889-10 conduct that occurred before January 1, 1980. (V.A.C.S. Art.
889-11 8309-1, Sec. 15 (part).)
889-12 SECTION 7. CONFORMING AMENDMENT. Subchapter Z, Chapter 21,
889-13 Education Code, is amended by adding Section 21.938 to read as
889-14 follows:
889-15 Sec. 21.938. SPECIAL NOTICE BY PUBLICATION FOR BUDGET
889-16 HEARING. (a) A school board shall publish notice before a public
889-17 hearing relating to a budget in a daily, weekly, or biweekly
889-18 newspaper published in the district. If no daily, weekly, or
889-19 biweekly newspaper is published in the district, the board shall
889-20 publish notice in at least one newspaper of general circulation in
889-21 the county in which the board is located.
889-22 (b) Notice published under this section is in addition to
889-23 notice required by other law. Notice under this section shall be
889-24 published not earlier than the 30th or later than the 10th day
889-25 before the date of the hearing.
889-26 (c) This section does not apply to a school board required
889-27 by other law to give notice by publication of a hearing on a
890-1 budget.
890-2 SECTION 8. AMENDMENT. Subtitle H, Title 3, Education Code,
890-3 is amended by adding Chapter 149 to read as follows:
890-4 CHAPTER 149. GEO-TECHNOLOGY RESEARCH INSTITUTE
890-5 Sec. 149.001. DEFINITIONS
890-6 Sec. 149.002. GEO-TECHNOLOGY RESEARCH INSTITUTE
890-7 Sec. 149.003. ADMINISTRATION
890-8 Sec. 149.004. DUTIES
890-9 Sec. 149.005. FUNDS
890-10 CHAPTER 149. GEO-TECHNOLOGY RESEARCH INSTITUTE
890-11 Sec. 149.001. DEFINITIONS. In this chapter:
890-12 (1) "Center" means the Houston Advanced Research
890-13 Center.
890-14 (2) "Institute" means the Geo-Technology Research
890-15 Institute. (V.A.C.S. Art. 6049h, Sec. 2.)
890-16 Sec. 149.002. GEO-TECHNOLOGY RESEARCH INSTITUTE. The
890-17 Geo-Technology Research Institute is located at the center, a
890-18 research consortium. (V.A.C.S. Art. 6049h, Sec. 3 (part).)
890-19 Sec. 149.003. ADMINISTRATION. The board of directors of the
890-20 center directs the administration of the institute. (V.A.C.S. Art.
890-21 6049h, Sec. 4.)
890-22 Sec. 149.004. DUTIES. (a) The institute shall conduct
890-23 basic and applied research in geophysics, geo-technology, and
890-24 related fields to discover new reserves and to develop technology
890-25 that increases the production potential of oil and natural gas.
890-26 (b) Results of the research of the institute shall be made
890-27 available to the General Land Office, the Railroad Commission of
891-1 Texas, other public bodies and officials, and private groups.
891-2 (V.A.C.S. Art. 6049h, Secs. 3 (part), 5.)
891-3 Sec. 149.005. FUNDS. (a) The institute may receive:
891-4 (1) funds from the federal government or the state
891-5 government; and
891-6 (2) pledges or gifts from private sources.
891-7 (b) The board of directors of the center shall manage and
891-8 approve disbursement of all funds, pledges, and gifts.
891-9 (c) The use of state funds is limited to expenditures for
891-10 basic and applied research, excluding costs for construction,
891-11 operation, or maintenance of facilities. (V.A.C.S. Art. 6049h,
891-12 Sec. 6.)
891-13 SECTION 9. AMENDMENT. Subchapter A, Chapter 27, Government
891-14 Code, is amended by adding Section 27.006 to read as follows:
891-15 Sec. 27.006. COLLECTING DEBT FOR ANOTHER; OFFENSE. (a) A
891-16 justice commits an offense if the justice:
891-17 (1) accepts for collection or undertakes the
891-18 collection of a claim for a debt for another, unless the justice
891-19 acts under a law that prescribes the duties of the justice; or
891-20 (2) accepts compensation not prescribed by law for
891-21 accepting for collection or undertaking the collection of a claim
891-22 for debt for another.
891-23 (b) An offense under Subsection (a) is a misdemeanor
891-24 punishable by a fine of not less than $200 or more than $500.
891-25 (c) In addition to the fine, the justice may be removed from
891-26 office.
891-27 (d) This section does not prohibit a justice who is
892-1 authorized by law to act for others in the collection of debts from
892-2 undertaking to collect a debt for another if the amount of the debt
892-3 is beyond the jurisdiction of the justice court. (V.A.C.S. Art.
892-4 6252-24 (part).)
892-5 SECTION 10. CONFORMING AMENDMENT. Subchapter G, Chapter 51,
892-6 Government Code, is amended by adding Section 51.606 to read as
892-7 follows:
892-8 Sec. 51.606. PROHIBITED FEES. A clerk is not entitled to a
892-9 fee for:
892-10 (1) the examination of a paper or record in the
892-11 clerk's office;
892-12 (2) filing any process or document the clerk issues
892-13 that is returned to court;
892-14 (3) a motion or judgment on a motion for security for
892-15 costs; or
892-16 (4) taking or approving a bond for costs.
892-17 SECTION 11. CONFORMING AMENDMENT. Subchapter B, Chapter
892-18 312, Government Code, is amended by adding Section 312.015 to read
892-19 as follows:
892-20 Sec. 312.015. QUORUM. A majority of a board or commission
892-21 established under law is a quorum unless otherwise specifically
892-22 provided.
892-23 SECTION 12. CONFORMING AMENDMENT. Subchapter B, Chapter
892-24 312, Government Code, is amended by adding Section 312.016 to read
892-25 as follows:
892-26 Sec. 312.016. STANDARD TIME. (a) The standard time in this
892-27 state is the time at the 90th meridian longitude west from
893-1 Greenwich, commonly known as "central standard time."
893-2 (b) The standard time in a region of this state that used
893-3 mountain standard time before June 12, 1947, is the time at the
893-4 105th meridian longitude west from Greenwich, commonly known as
893-5 "mountain standard time."
893-6 (c) Unless otherwise expressly provided, a reference in a
893-7 statute, order, or rule to the time in which an act shall be
893-8 performed means the appropriate standard time as provided by this
893-9 section.
893-10 SECTION 13. CONFORMING AMENDMENT. Subchapter C, Chapter
893-11 316, Government Code, is amended by adding Sections 316.023 and
893-12 316.024 to read as follows:
893-13 Sec. 316.023. AUTHORIZATION TO FIND FACT. The governor may
893-14 find any fact specified by the legislature in an appropriation Act
893-15 as a contingency for the expenditure of a designated item of
893-16 appropriation. (V.A.C.S. Art. 689a-4b, Sec. 1.)
893-17 Sec. 316.024. PROCEDURE FOR FINDING FACT. (a) The governor
893-18 shall make a finding of fact under Section 316.023 from the
893-19 evidence as it exists at the time of the determination.
893-20 (b) The governor shall make a finding of fact under Section
893-21 316.023 only after a public hearing, if such a hearing is required
893-22 in an appropriation Act.
893-23 (c) The governor shall file a decision, together with a
893-24 finding of fact made under Section 316.023, with the Legislative
893-25 Budget Board and the comptroller.
893-26 (d) The governor's certificate, under the seal of office,
893-27 stating the decision or finding is evidence of the decision or
894-1 finding.
894-2 (e) A decision or finding under Section 316.023 is final,
894-3 subject to judicial review by appropriate legal remedies.
894-4 (V.A.C.S. Art. 689a-4b, Sec. 2.)
894-5 SECTION 14. CONFORMING AMENDMENT. Chapter 316, Government
894-6 Code, is amended by adding Subchapter G to read as follows:
894-7 SUBCHAPTER G. FISCAL YEAR
894-8 Sec. 316.071. FISCAL YEAR; APPROPRIATIONS. (a) The state
894-9 fiscal year ends on August 31 of each year.
894-10 (b) Appropriations of state government shall conform to this
894-11 fiscal year. (V.A.C.S. Art. 12 (part).)
894-12 Sec. 316.072. REPORTS; CLOSURE OF ACCOUNTS. (a) All
894-13 officers required by law to report annually or biennially to the
894-14 legislature or governor shall close their accounts at the end of
894-15 the fiscal year.
894-16 (b) As soon as practicable after the end of the fiscal year,
894-17 the officers shall prepare and compile their respective reports.
894-18 (V.A.C.S. Art. 12 (part).)
894-19 SECTION 15. AMENDMENT. Chapter 401, Government Code, is
894-20 amended by adding Subchapters C, D, and E to read as follows:
894-21 SUBCHAPTER C. GOVERNOR'S BUDGET
894-22 Sec. 401.041. CHIEF BUDGET OFFICER. The governor is the
894-23 chief budget officer of the state. (V.A.C.S. Art. 689a-1.)
894-24 Sec. 401.042. UNIFORM BUDGET ESTIMATE FORMS. (a) The
894-25 governor may collaborate with the Legislative Budget Board in
894-26 designing and preparing uniform budget estimate forms on which all
894-27 requests for legislative appropriations must be prepared.
895-1 (b) The governor shall require that all appropriation
895-2 requests be submitted to the governor on the forms. (V.A.C.S.
895-3 Art. 689a-2.)
895-4 Sec. 401.043. BUDGET HEARINGS. (a) After receiving the
895-5 appropriation requests, the governor shall hold one or more public
895-6 hearings concerning the requests. The governor shall preside at
895-7 each hearing, except that the governor may authorize any employee
895-8 of the executive branch to preside and represent the governor in
895-9 the governor's absence.
895-10 (b) The head of a state agency that is seeking
895-11 appropriations is entitled to speak at a hearing under this section
895-12 at which the appropriation request is considered. The governor may
895-13 require the head or any employee of a state agency seeking
895-14 appropriations to appear at the hearing and present information
895-15 about the appropriations. A taxpayer is entitled to participate in
895-16 the discussion at a hearing under this section of any item proposed
895-17 to be included in the budget under consideration.
895-18 (c) In this section, "state agency" means a board,
895-19 commission, department, or other agency in the executive or
895-20 judicial branch of state government. (V.A.C.S. Art. 689a-4; New.)
895-21 Sec. 401.044. COOPERATION WITH LEGISLATIVE BUDGET BOARD.
895-22 (a) The governor and the Legislative Budget Board may cooperate,
895-23 exchange information, and hold joint public hearings on the
895-24 biennial appropriation budget.
895-25 (b) At a joint hearing under this section, the governor
895-26 shall preside or, if the governor is unable to preside:
895-27 (1) the lieutenant governor shall preside; or
896-1 (2) a person appointed by the governor and the
896-2 lieutenant governor shall preside. (V.A.C.S. Art. 689a-4a.)
896-3 Sec. 401.045. LEGISLATIVE EXPENSES. The governor may not
896-4 include in the governor's budget or appropriation bill any
896-5 appropriation for per diem or mileage expenses of members of the
896-6 legislature or for necessary expenses of the legislature.
896-7 (V.A.C.S. Art. 689a-8.)
896-8 Sec. 401.046. DISTRIBUTION OF BUDGET. (a) The governor
896-9 shall deliver a copy of the governor's budget to each member of the
896-10 legislature not later than the sixth day of each regular
896-11 legislative session.
896-12 (b) The governor shall have as many copies of the budget
896-13 printed for public distribution as the governor considers
896-14 necessary. (V.A.C.S. Art. 689a-6.)
896-15 Sec. 401.047. PENALTY. A person who refuses to comply with
896-16 a provision of this subchapter other than Section 401.044 commits
896-17 an offense. An offense under this section is punishable by a fine
896-18 of not less than $100 or more than $1,000, confinement in county
896-19 jail for not less than one month or more than one year, or both
896-20 fine and confinement. (V.A.C.S. Art. 689a-21.)
896-21 Sec. 401.048. ANNUAL BUDGETS. A reference in this
896-22 subchapter or in Chapter 322 to a biennial budget or a regular
896-23 legislative session means an annual budget or an annual budget
896-24 session if a constitutional amendment is adopted providing for
896-25 annual budget sessions of the legislature. (V.A.C.S. Art.
896-26 689a-8a.)
896-27 (Sections 401.049-401.060 reserved for expansion)
897-1 SUBCHAPTER D. GOVERNOR'S EMERGENCY APPROPRIATIONS
897-2 Sec. 401.061. APPROPRIATIONS FOR EMERGENCY. The legislature
897-3 may appropriate money to the governor to be used only:
897-4 (1) in an emergency, including an imperative public
897-5 necessity;
897-6 (2) for the executive branch of state government;
897-7 (3) if other money is not available, because
897-8 previously appropriated money has been spent or obligated; and
897-9 (4) for purposes for which specific other
897-10 appropriations previously have been made. (V.A.C.S. Art. 689a-4c,
897-11 Secs. 1 (part), 2 (part), 4 (part).)
897-12 Sec. 401.062. CERTIFICATION OF EMERGENCY. (a) The governor
897-13 may determine that an emergency exists requiring the use of
897-14 appropriations made under Section 401.061.
897-15 (b) A governor who makes a determination under this section
897-16 shall certify to the comptroller the facts constituting the
897-17 emergency and the reasons why the facts constitute an emergency.
897-18 (c) The defense of the nation and this state and the safety
897-19 and economic prosperity of the people of this state require the
897-20 governor, in making a determination to use or authorize the use of
897-21 an appropriation made under Section 401.061, to give preference to
897-22 impacted regions of significant new naval military facilities, as
897-23 those terms are defined by Section 4, Article 1, National Defense
897-24 Impacted Region Assistance Act of 1985 (Article 689a-4d, Vernon's
897-25 Texas Civil Statutes). (V.A.C.S. Art. 689a-4c, Sec. 2 (part).)
897-26 Sec. 401.063. DETERMINATION OF AVAILABILITY OF MONEY. (a)
897-27 After receiving a certification under Section 401.062, the
898-1 comptroller shall determine whether money other than emergency
898-2 appropriations is available for purposes of the emergency. The
898-3 comptroller may obtain from any other agency whatever assistance
898-4 the comptroller considers necessary for this purpose.
898-5 (b) The comptroller shall endorse on the governor's
898-6 certification the availability or unavailability of other money,
898-7 stating the source and amounts of available money, if any.
898-8 (c) The comptroller must return the governor's certification
898-9 to the governor's office not later than the second working day
898-10 after the date the comptroller receives the certification.
898-11 (V.A.C.S. Art. 689a-4c, Secs. 1 (part), 2 (part).)
898-12 Sec. 401.064. FILING OF CERTIFICATION. The governor shall
898-13 file with the secretary of state and the Legislative Budget Board a
898-14 copy of the governor's original certification and the returned
898-15 certification containing the comptroller's endorsement. (V.A.C.S.
898-16 Art. 689a-4c, Sec. 2 (part).)
898-17 Sec. 401.065. EXPENDITURE FOR EMERGENCY. (a) The governor
898-18 may spend appropriations made under Section 401.061 for the purpose
898-19 of a certified emergency, but only after:
898-20 (1) the certification is endorsed by the comptroller
898-21 showing that money other than emergency appropriations is not
898-22 available for purposes of the emergency; and
898-23 (2) the governor receives the certification from the
898-24 comptroller.
898-25 (b) The comptroller shall draw and the state treasurer shall
898-26 pay the necessary warrants for the emergency.
898-27 (c) The governor by interagency contract may authorize an
899-1 agency of the executive branch of state government to administer
899-2 emergency appropriations approved under this subchapter. A
899-3 contract made under this subsection is exempt from Chapter 771.
899-4 (V.A.C.S. Art. 689a-4c, Secs. 2 (part), 3, 4 (part).)
899-5 (Sections 401.066-401.080 reserved for expansion)
899-6 SUBCHAPTER E. SUCCESSION OF GOVERNOR-ELECT
899-7 AND LIEUTENANT GOVERNOR-ELECT
899-8 Sec. 401.081. SUCCESSION OF GOVERNOR-ELECT AND LIEUTENANT
899-9 GOVERNOR-ELECT. The speaker of the house of representatives and
899-10 the president pro tem of the senate shall call a joint session of
899-11 the house of representatives and the senate for the purpose of
899-12 electing a governor and a lieutenant governor if:
899-13 (1) the governor-elect and the lieutenant
899-14 governor-elect die or are permanently incapacitated to take their
899-15 oaths of office at the time the legislature canvasses the election
899-16 returns for governor and lieutenant governor; and
899-17 (2) the legislature finds that the governor-elect and
899-18 the lieutenant governor-elect are not able to take the oath of
899-19 office and to fulfill the duties of office.
899-20 Sec. 401.082. TERM OF SERVICE AS GOVERNOR. The individual
899-21 who receives the highest number of votes cast by the members of the
899-22 legislature for governor shall hold that office until the next
899-23 general election.
899-24 Sec. 401.083. TERM OF SERVICE AS LIEUTENANT GOVERNOR. The
899-25 individual who receives the highest number of votes cast by members
899-26 of the legislature for lieutenant governor shall hold that office
899-27 until the next general election.
900-1 SECTION 16. CONFORMING AMENDMENT. Section 403.013(d),
900-2 Government Code, is amended to read as follows:
900-3 (d) The report under Subsection (c) shall be compiled from
900-4 the financial information requested by the comptroller under
900-5 Subchapter B, Chapter 2101 <Article 4345a, Revised Statutes>, until
900-6 it can be prepared from information contained in a fully
900-7 operational uniform automated statewide accounting and reporting
900-8 system.
900-9 SECTION 17. CONFORMING AMENDMENT. Subchapter B, Chapter
900-10 403, Government Code, is amended by adding Section 403.022 to read
900-11 as follows:
900-12 Sec. 403.022. REVIEW OF STATE AGENCIES. (a) The
900-13 comptroller periodically may review and analyze the effectiveness
900-14 and efficiency of the policies, management, fiscal affairs, and
900-15 operations of state agencies.
900-16 (b) The comptroller shall report the findings of the review
900-17 and analysis to the governor, lieutenant governor, and speaker of
900-18 the house of representatives.
900-19 (c) The legislature may consider the comptroller's reports
900-20 in connection with the legislative appropriations process.
900-21 SECTION 18. CONFORMING AMENDMENT. Subchapter B, Chapter
900-22 403, Government Code, is amended by adding Section 403.0121 to read
900-23 as follows:
900-24 Sec. 403.0121. ACCEPTANCE OF FEDERAL MONEY. The comptroller
900-25 shall execute instruments necessary to accept money, gifts, or
900-26 assets authorized by federal statute to be paid to the state in
900-27 lieu of taxes or as a gift by the Secretary of Housing and Urban
901-1 Development or any federal agency. The comptroller shall deposit
901-2 funds received under this section in the general revenue fund.
901-3 SECTION 19. CONFORMING AMENDMENT. Subchapter C, Chapter
901-4 404, Government Code, is amended by adding Section 404.0211 to read
901-5 as follows:
901-6 Sec. 404.0211. CONFLICT OF INTEREST. A bank is not
901-7 disqualified from serving as a depository for funds of a state
901-8 agency if:
901-9 (1) an officer or employee of the agency who does not
901-10 have the duty to select the agency's depository is an officer,
901-11 director, or shareholder of the bank; or
901-12 (2) one or more officers or employees of the agency
901-13 who have the duty to select the agency's depository are officers or
901-14 directors of the bank or own or have a beneficial interest,
901-15 individually or collectively, in 10 percent or less of the
901-16 outstanding capital stock of the bank, if:
901-17 (A) a majority of the members of the board,
901-18 commission, or other body of the agency vote to select the bank as
901-19 a depository; and
901-20 (B) the interested officer or employee does not
901-21 vote or take part in the proceedings.
901-22 SECTION 20. CONFORMING AMENDMENT. Subchapter F, Chapter
901-23 431, Government Code, is amended by adding Section 431.085 to read
901-24 as follows:
901-25 Sec. 431.085. EMPLOYEES IN NATIONAL GUARD; EMERGENCY LEAVE.
901-26 A state employee called to active duty as a member of the National
901-27 Guard by the governor is entitled to receive emergency leave
902-1 without loss of military or annual leave.
902-2 SECTION 21. CONFORMING AMENDMENT. If Chapter 779, Acts of
902-3 the 72nd Legislature, Regular Session, 1991, does not take effect
902-4 as provided by Section 2 of that Act, Sections 659.012(a) and (c),
902-5 Government Code, as added by this Act, are amended to read as
902-6 follows:
902-7 (a) A justice of a court of appeals other than the chief
902-8 justice is entitled to an annual salary from the state that is 10
902-9 <five> percent less than the salary provided by the General
902-10 Appropriations Act for a justice of the supreme court. The
902-11 combined salary of a justice of a court of appeals other than the
902-12 chief justice from all state and county sources may not exceed the
902-13 amount that is $1,000 less than the salary provided for a justice
902-14 of the supreme court.
902-15 (c) A judge of a district court is entitled to an annual
902-16 salary from the state that is five <10> percent less than the
902-17 salary provided in the General Appropriations Act for a justice of
902-18 a court of appeals <the supreme court>. Unless otherwise provided
902-19 by law, the combined salary of a district judge from state and
902-20 county sources may not exceed the amount that is $2,000 less than
902-21 the salary provided for a justice of the supreme court. To the
902-22 extent of any conflict, the salary differential provided by this
902-23 section for the combined salary of a district judge prevails over
902-24 any differential set by Chapter 32.
902-25 SECTION 22. CONFORMING AMENDMENT. Subchapter A, Chapter 51,
902-26 Local Government Code, is amended by adding Section 51.002 to read
902-27 as follows:
903-1 Sec. 51.002. FAIR HOUSING ORDINANCES. (a) The governing
903-2 body of a municipality may adopt fair housing ordinances that
903-3 provide fair housing rights, compliance duties, and remedies that
903-4 are substantially equivalent to those granted under federal law.
903-5 Enforcement procedures and remedies in fair housing ordinances may
903-6 vary from state or federal fair housing law.
903-7 (b) Fair housing ordinances that were in existence on
903-8 January 1, 1991, and are more restrictive than federal fair housing
903-9 law shall remain in effect.
903-10 SECTION 23. CONFORMING AMENDMENT. Subtitle B, Title 3,
903-11 Local Government Code, is amended by adding Chapter 88 to read as
903-12 follows:
903-13 CHAPTER 88. OFFICIAL BONDS OF CERTAIN COUNTY OFFICERS
903-14 Sec. 88.001. CERTAIN BONDS PAYABLE TO COUNTY JUDGE; CUSTODY
903-15 OF BONDS. The official bond of a county officer that is required
903-16 by law to be approved by the commissioners court must, except as
903-17 required by other law, be made payable to the county judge and kept
903-18 and recorded by the county clerk.
903-19 Sec. 88.002. APPLICATION OF SURETY TO TERMINATE LIABILITY ON
903-20 BOND. A surety on the official bond of a county officer may apply
903-21 to the commissioners court to be relieved from the bond.
903-22 Sec. 88.003. NOTICE TO OFFICER OF SURETY'S APPLICATION. (a)
903-23 The county clerk shall issue to the officer giving the bond a
903-24 notice and a copy of a surety's application to be relieved from a
903-25 bond.
903-26 (b) The sheriff or a constable of the county shall serve the
903-27 notice and a copy of the application under this section on the
904-1 officer.
904-2 Sec. 88.004. OFFICER TO STOP EXERCISING FUNCTIONS OF OFFICE.
904-3 On service of notice under Section 88.003, an officer shall stop
904-4 exercising the functions of the officer's office, except that:
904-5 (1) the officer shall preserve records and property in
904-6 the officer's charge; and
904-7 (2) if the officer is a sheriff or constable, the
904-8 officer shall:
904-9 (A) keep prisoners;
904-10 (B) preserve the peace; and
904-11 (C) execute warrants of arrest.
904-12 Sec. 88.005. OFFICER WHO FAILS TO GIVE NEW BOND VACATES
904-13 OFFICE. An officer who does not give a new bond before the 21st
904-14 day after the date the officer receives notice under Section 88.003
904-15 vacates the officer's office.
904-16 Sec. 88.006. NEW BOND; DISCHARGE OF FORMER SURETIES. If an
904-17 officer served notice under Section 88.003 gives a new bond and the
904-18 bond is approved, the former sureties are discharged from liability
904-19 for misconduct of the officer after the approval of the new bond.
904-20 Sec. 88.007. NEW BOND REQUIRED BY COMMISSIONERS COURT. (a)
904-21 A commissioners court that finds that a county officer's bond
904-22 approved by the court is insufficient for any reason shall:
904-23 (1) require the officer to give a new bond or
904-24 additional security; and
904-25 (2) have the officer cited to appear at a term of the
904-26 court not earlier than the sixth day after the date of service, and
904-27 take any action the court considers best for the public interest.
905-1 (b) Action taken by the commissioners court under this
905-2 section is final and may not be appealed.
905-3 SECTION 24. CONFORMING AMENDMENT. Chapter 102, Local
905-4 Government Code, is amended by adding Section 102.0065 to read as
905-5 follows:
905-6 Sec. 102.0065. SPECIAL NOTICE BY PUBLICATION FOR BUDGET
905-7 HEARING. (a) The governing body of a municipality shall publish
905-8 notice before a public hearing relating to a budget in at least one
905-9 newspaper of general circulation in the county in which the
905-10 municipality is located.
905-11 (b) Notice published under this section is in addition to
905-12 notice required by other law. Notice under this section shall be
905-13 published not earlier than the 30th or later than the 10th day
905-14 before the date of the hearing.
905-15 (c) This section does not apply to the governing body of a
905-16 municipality required by other law to give notice by publication of
905-17 a hearing on a budget.
905-18 SECTION 25. CONFORMING AMENDMENT. Section 105.014(c), Local
905-19 Government Code, is amended to read as follows:
905-20 (c) The conflict of interests provisions of Section 131.903
905-21 <Chapter 179, Acts of the 60th Legislature, Regular Session, 1967
905-22 (Article 2529c, Vernon's Texas Civil Statutes),> apply to the
905-23 selection of the depositories.
905-24 SECTION 26. CONFORMING AMENDMENT. Subchapter A, Chapter
905-25 111, Local Government Code, is amended by adding Section 111.0075
905-26 to read as follows:
905-27 Sec. 111.0075. SPECIAL NOTICE BY PUBLICATION FOR BUDGET
906-1 HEARING. (a) A commissioners court shall publish notice before a
906-2 public hearing relating to a budget in at least one newspaper of
906-3 general circulation in the county.
906-4 (b) Notice published under this section is in addition to
906-5 notice required by other law. Notice under this section shall be
906-6 published not earlier than the 30th or later than the 10th day
906-7 before the date of the hearing.
906-8 (c) This section does not apply to a commissioners court
906-9 required by other law to give notice by publication of a hearing on
906-10 a budget.
906-11 SECTION 27. CONFORMING AMENDMENT. Subchapter B, Chapter
906-12 111, Local Government Code, is amended by adding Section 111.0385
906-13 to read as follows:
906-14 Sec. 111.0385. SPECIAL NOTICE BY PUBLICATION FOR BUDGET
906-15 HEARING. (a) A commissioners court shall publish notice before a
906-16 public hearing relating to a budget in at least one newspaper of
906-17 general circulation in the county.
906-18 (b) Notice published under this section is in addition to
906-19 notice required by other law. Notice under this section shall be
906-20 published not earlier than the 30th or later than the 10th day
906-21 before the date of the hearing.
906-22 (c) This section does not apply to a commissioners court
906-23 required by other law to give notice by publication of a hearing on
906-24 a budget.
906-25 SECTION 28. CONFORMING AMENDMENT. Subchapter C, Chapter
906-26 111, Local Government Code, is amended by adding Section 111.0675
906-27 to read as follows:
907-1 Sec. 111.0675. COMMISSIONERS COURT: SPECIAL NOTICE BY
907-2 PUBLICATION FOR BUDGET HEARING. (a) A commissioners court shall
907-3 publish notice before a public hearing relating to a budget in at
907-4 least one newspaper of general circulation in the county.
907-5 (b) Notice published under this section is in addition to
907-6 notice required by other law. Notice under this section shall be
907-7 published not earlier than the 30th or later than the 10th day
907-8 before the date of the hearing.
907-9 (c) This section does not apply to a commissioners court
907-10 required by other law to give notice by publication of a hearing on
907-11 a budget.
907-12 SECTION 29. CONFORMING AMENDMENT. Section 116.024(d), Local
907-13 Government Code, is amended to read as follows:
907-14 (d) The conflict of interests provisions of Section 131.903
907-15 <Chapter 179, Acts of the 60th Legislature, Regular Session, 1967
907-16 (Article 2529c, Vernon's Texas Civil Statutes),> apply to the
907-17 selection of the depositories.
907-18 SECTION 30. CONFORMING AMENDMENT. Section 117.023(c), Local
907-19 Government Code, is amended to read as follows:
907-20 (c) The conflict of interests provisions of Section 131.903
907-21 <Chapter 179, Acts of the 60th Legislature, Regular Session, 1967
907-22 (Article 2529c, Vernon's Texas Civil Statutes),> apply to the
907-23 selection of the depository.
907-24 SECTION 31. CONFORMING AMENDMENT. Subchapter A, Chapter
907-25 118, Local Government Code, is amended by adding Section 118.002 to
907-26 read as follows:
907-27 Sec. 118.002. BILL FOR FEES. A fee under this chapter is
908-1 not payable to a person until a clerk or officer produces, or is
908-2 ready to produce, a bill in writing containing the details of the
908-3 fee to the person who owes the fee. The bill must be signed by the
908-4 clerk or officer to whom the fee is due or who charges the fee or
908-5 by the successor in office or legal representative of the clerk or
908-6 officer. (V.A.C.S. Art. 3908 (part).)
908-7 SECTION 32. CONFORMING AMENDMENT. Subchapter C, Chapter
908-8 118, Local Government Code, is amended by adding Section 118.066 to
908-9 read as follows:
908-10 Sec. 118.066. PROHIBITED FEES. A county clerk is not
908-11 entitled to a fee for:
908-12 (1) the examination of a paper or record in the
908-13 clerk's office;
908-14 (2) filing any process or document the clerk issues
908-15 that is returned to court;
908-16 (3) a motion or judgment on a motion for security for
908-17 costs; or
908-18 (4) taking or approving a bond for costs.
908-19 SECTION 33. CONFORMING AMENDMENT. Subchapter E, Chapter
908-20 118, Local Government Code, is amended by adding Section 118.124 to
908-21 read as follows:
908-22 Sec. 118.124. PROHIBITED FEES. A justice of the peace is
908-23 not entitled to a fee for:
908-24 (1) the examination of a paper or record in the
908-25 justice's office;
908-26 (2) filing any process or document the justice issues
908-27 that is returned to court;
909-1 (3) a motion or judgment on a motion for security for
909-2 costs; or
909-3 (4) taking or approving a bond for costs.
909-4 SECTION 34. CONFORMING AMENDMENT. Chapter 118, Local
909-5 Government Code, is amended by adding Subchapter Y to read as
909-6 follows:
909-7 SUBCHAPTER Y. PENALTIES
909-8 Sec. 118.801. OVERCHARGING OF FEES; PENALTY. An officer
909-9 named in this chapter who demands and receives a higher fee than
909-10 authorized under this chapter or a fee that is not authorized under
909-11 this chapter is liable to the aggrieved person for four times the
909-12 amount unlawfully demanded and received.
909-13 SECTION 35. CONFORMING AMENDMENT. Subchapter A, Chapter
909-14 131, Local Government Code, is amended by adding Section 131.005 to
909-15 read as follows:
909-16 Sec. 131.005. STATE FUNDS. (a) The comptroller shall
909-17 determine the amount of state funds held by a county depository
909-18 that suspends business or is taken charge of by the banking
909-19 commissioner of Texas or the federal comptroller of the currency.
909-20 The comptroller may:
909-21 (1) contract with a special depository selected by the
909-22 county authorities as provided by this subchapter for the custody
909-23 and payment of those funds; and
909-24 (2) approve a bond for the deposit contract.
909-25 (b) State funds placed in a special depository as provided
909-26 by Subsection (a) shall bear the average rate of interest received
909-27 by the state on state funds placed with regularly selected state
910-1 depositories.
910-2 (c) The comptroller may proceed with available legal
910-3 remedies against a suspended bank that is a depository for state
910-4 funds if the comptroller considers that action to be in the best
910-5 interest of the public.
910-6 SECTION 36. CONFORMING AMENDMENT. Subchapter Z, Chapter
910-7 131, Local Government Code, is amended by adding Section 131.903 to
910-8 read as follows:
910-9 Sec. 131.903. CONFLICT OF INTEREST. (a) A bank is not
910-10 disqualified from serving as a depository for funds of a political
910-11 subdivision if:
910-12 (1) an officer or employee of the political
910-13 subdivision who does not have the duty to select the political
910-14 subdivision's depository is an officer, director, or shareholder of
910-15 the bank; or
910-16 (2) one or more officers or employees of the political
910-17 subdivision who have the duty to select the political subdivision's
910-18 depository are officers or directors of the bank or own or have a
910-19 beneficial interest, individually or collectively, in 10 percent or
910-20 less of the outstanding capital stock of the bank, if:
910-21 (A) a majority of the members of the board,
910-22 commission, or other body of the political subdivision vote to
910-23 select the bank as a depository; and
910-24 (B) the interested officer or employee does not
910-25 vote or take part in the proceedings.
910-26 (b) This section may not be construed as changing or
910-27 superseding a conflicting provision in the charter of a home-rule
911-1 municipality.
911-2 SECTION 37. CONFORMING AMENDMENT. Chapter 140, Local
911-3 Government Code, is amended by adding Sections 140.005 and 140.006
911-4 to read as follows:
911-5 Sec. 140.005. ANNUAL FINANCIAL STATEMENT OF SCHOOL, ROAD, OR
911-6 OTHER DISTRICT. The governing body of a school district, junior
911-7 college district, or a district or authority organized under
911-8 Article III, Section 52, or Article XVI, Section 59, of the Texas
911-9 Constitution, shall prepare an annual financial statement showing
911-10 for each fund subject to the authority of the governing body during
911-11 the fiscal year:
911-12 (1) the total receipts of the fund, itemized by source
911-13 of revenue, including taxes, assessments, service charges, grants
911-14 of state money, gifts, or other general sources from which funds
911-15 are derived;
911-16 (2) the total disbursements of the fund, itemized by
911-17 the nature of the expenditure; and
911-18 (3) the balance in the fund at the close of the fiscal
911-19 year.
911-20 Sec. 140.006. PUBLICATION OF ANNUAL FINANCIAL STATEMENT BY
911-21 SCHOOL, ROAD, OR OTHER DISTRICT. (a) Except as provided by
911-22 Subsection (c), the presiding officer of a governing body shall
911-23 submit a financial statement prepared under Section 140.005 to a
911-24 newspaper in each county in which the district or any part of the
911-25 district is located.
911-26 (b) If a district is located in more than one county, the
911-27 financial statement may be published in a newspaper that has
912-1 general circulation in the district. If a newspaper is not
912-2 published in the county, the financial statement may be published
912-3 in a newspaper in an adjoining county.
912-4 (c) The presiding officer of a school district shall submit
912-5 a financial statement prepared under Section 140.005 to a daily,
912-6 weekly, or biweekly newspaper published within the boundaries of
912-7 the district. If a daily, weekly, or biweekly newspaper is not
912-8 published within the boundaries of the district, the financial
912-9 statement shall be published in the manner provided by Subsections
912-10 (a) and (b).
912-11 (d) A statement shall be published not later than two months
912-12 after the date the fiscal year ends, except that a school
912-13 district's statement shall be published not later than the 120th
912-14 day after the date the fiscal year ends and in accordance with the
912-15 accounting method required by the Central Education Agency.
912-16 SECTION 38. CONFORMING AMENDMENT. Section 142.006, Local
912-17 Government Code, is amended to read as follows:
912-18 Sec. 142.006. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE
912-19 OFFICERS AND FIRE FIGHTERS. (a) <In this section, "motor vehicle"
912-20 means any motor vehicle for which motor vehicle automobile
912-21 insurance is written under Subchapter A, Chapter 5, Insurance Code.>
912-22 <(b)> This section does not apply to a municipality covered
912-23 by Section 142.007.
912-24 (b) <(c)> A municipality shall provide for insuring each
912-25 peace officer and fire fighter <insure peace officers and fire
912-26 fighters> in its employ against liability to third persons arising
912-27 out of the operation, maintenance, or use of a motor vehicle owned
913-1 or leased by the municipality.
913-2 (c) The liability coverage provided under this section must
913-3 be in amounts not less than those required by the Texas Motor
913-4 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
913-5 Civil Statutes) to provide proof of financial responsibility.
913-6 (d) The municipality may elect to be self-insured or to
913-7 reimburse the actual cost of extended automobile liability
913-8 insurance endorsements obtained by a <its> peace officer <officers>
913-9 and fire fighter <fighters> on an <their> individually owned
913-10 automobile liability insurance policy <policies>. The extended
913-11 endorsements must:
913-12 (1) be in the amount required by Subsection (c); and
913-13 (2) extend the coverage to include the operation and
913-14 use of vehicles by a peace officer or fire fighter in the scope of
913-15 the officer's or fire fighter's employment <be in amounts not less
913-16 than those required under this section and shall extend the
913-17 coverage to include the operation and use of municipal vehicles by
913-18 the peace officers or fire fighters in the scope of their
913-19 employment>.
913-20 (e) If the reimbursement method is used, the municipality <A
913-21 municipality that elects to use the reimbursement method> may
913-22 require that a peace officer or fire fighter who operates and uses
913-23 a motor vehicle <all peace officers and fire fighters who operate
913-24 and use motor vehicles> present proof that an extended coverage
913-25 endorsement has been purchased and is in effect for the period of
913-26 reimbursement <current>.
913-27 (f) In this section, "motor vehicle" means any motor vehicle
914-1 for which motor vehicle automobile insurance may be written under
914-2 Subchapter A, Chapter 5, Insurance Code.
914-3 <(f) Liability coverage provided under this section must be
914-4 in amounts not less than those required by the Texas Motor Vehicle
914-5 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
914-6 Statutes) to provide proof of financial responsibility.>
914-7 SECTION 39. CONFORMING AMENDMENT. Section 155.021, Local
914-8 Government Code, is amended to read as follows:
914-9 Sec. 155.021. DEDUCTIONS ENUMERATED. The county treasurer
914-10 or, if another officer is specified by law, that other officer
914-11 shall make the deductions from, or take other similar actions with
914-12 regard to, the compensation of county employees as required:
914-13 (1) for employee contributions for coverage under the
914-14 federal social security program in accordance with Chapter 500,
914-15 Acts of the 52nd Legislature, 1951 (Article 695g, Vernon's Texas
914-16 Civil Statutes);
914-17 (2) for the purchase of annuities or for contributions
914-18 to investments for employees in accordance with Chapter 22, Acts of
914-19 the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5,
914-20 Vernon's Texas Civil Statutes);
914-21 (3) for the purchase of United States savings bonds
914-22 for employees in accordance with Chapter 691, Government Code <603,
914-23 Acts of the 51st Legislature, Regular Session, 1949 (Article
914-24 6252-3, Vernon's Texas Civil Statutes)>;
914-25 (4) for employee participation in a deferred
914-26 compensation plan in accordance with Chapter 197, Acts of the 63rd
914-27 Legislature, Regular Session, 1973 (Article 6252-3b, Vernon's Texas
915-1 Civil Statutes); or
915-2 (5) for employee contributions to a retirement system
915-3 in accordance with Section 845.403, Government Code.
915-4 SECTION 40. AMENDMENT. The Property Code is amended by
915-5 adding Title 15 to read as follows:
915-6 TITLE 15. FAIR HOUSING PRACTICES
915-7 CHAPTER 301. TEXAS FAIR HOUSING ACT
915-8 SUBCHAPTER A. TITLE, PURPOSE, AND DEFINITIONS
915-9 Sec. 301.001. SHORT TITLE. This chapter may be cited as the
915-10 Texas Fair Housing Act. (V.A.C.S. Art. 1f, Sec. 1.01.)
915-11 Sec. 301.002. PURPOSES. The purposes of this chapter are
915-12 to:
915-13 (1) provide for fair housing practices in this state;
915-14 (2) create a procedure for investigating and settling
915-15 complaints of discriminatory housing practices; and
915-16 (3) provide rights and remedies substantially
915-17 equivalent to those granted under federal law. (V.A.C.S. Art. 1f,
915-18 Sec. 1.02.)
915-19 Sec. 301.003. DEFINITIONS. In this chapter:
915-20 (1) "Aggrieved person" includes any person who:
915-21 (A) claims to have been injured by a
915-22 discriminatory housing practice; or
915-23 (B) believes that the person will be injured by
915-24 a discriminatory housing practice that is about to occur.
915-25 (2) "Complainant" means a person, including the
915-26 commission, who files a complaint under Section 301.081.
915-27 (3) "Commission" means the Commission on Human Rights.
916-1 (4) "Conciliation" means the informal negotiations
916-2 among an aggrieved person, the respondent, and the commission to
916-3 resolve issues raised by a complaint or by the investigation of the
916-4 complaint.
916-5 (5) "Conciliation agreement" means a written agreement
916-6 resolving the issues in conciliation.
916-7 (6) "Disability" means a mental or physical impairment
916-8 that substantially limits at least one major life activity, a
916-9 record of the impairment, or being regarded as having the
916-10 impairment. The term does not include current illegal use or
916-11 addiction to any drug or illegal or federally controlled substance
916-12 and does not apply to an individual because of an individual's
916-13 sexual orientation or because that individual is a transvestite.
916-14 (7) "Discriminatory housing practice" means an act
916-15 prohibited by Subchapter B or conduct that is an offense under
916-16 Subchapter I.
916-17 (8) "Dwelling" means any:
916-18 (A) structure or part of a structure that is
916-19 occupied as, or designed or intended for occupancy as, a residence
916-20 by one or more families; or
916-21 (B) vacant land that is offered for sale or
916-22 lease for the construction or location of a structure or part of a
916-23 structure described by Paragraph (A).
916-24 (9) "Family" includes a single individual.
916-25 (10) "Respondent" means:
916-26 (A) a person accused of a violation of this
916-27 chapter in a complaint of discriminatory housing practice; or
917-1 (B) a person identified as an additional or
917-2 substitute respondent under Section 301.084 or an agent of an
917-3 additional or substitute respondent.
917-4 (11) "To rent" includes to lease, sublease, or let, or
917-5 to grant in any other manner, for a consideration, the right to
917-6 occupy premises not owned by the occupant. (V.A.C.S. Art. 1f, Sec.
917-7 1.03 (part).)
917-8 Sec. 301.004. FAMILIAL STATUS. A discriminatory act is
917-9 committed because of familial status if the act is committed
917-10 because the person who is the subject of discrimination is:
917-11 (1) pregnant;
917-12 (2) domiciled with an individual younger than 18 years
917-13 of age in regard to whom the person:
917-14 (A) is the parent or legal custodian; or
917-15 (B) has the written permission of the parent or
917-16 legal custodian for domicile with that person; or
917-17 (3) in the process of obtaining legal custody of an
917-18 individual younger than 18 years of age. (V.A.C.S. Art. 1f, Sec.
917-19 1.04.)
917-20 Sec. 301.005. CONSTRUCTION OF CHAPTER. The statutory civil
917-21 remedies or theories of recovery created by this Chapter may not be
917-22 expanded beyond their express statutory terms. (V.A.C.S. Art. 1f,
917-23 Sec. 10.01.)
917-24 (Sections 301.006-301.020 reserved for expansion
917-25 SUBCHAPTER B. DISCRIMINATION PROHIBITED
917-26 Sec. 301.021. SALE OR RENTAL. (a) A person may not refuse
917-27 to sell or rent, after the making of a bona fide offer, refuse to
918-1 negotiate for the sale or rental of, or in any other manner make
918-2 unavailable or deny a dwelling to another because of race, color,
918-3 religion, sex, familial status, or national origin.
918-4 (b) A person may not discriminate against another in the
918-5 terms, conditions, or privileges of sale or rental of a dwelling,
918-6 or in providing services or facilities in connection with a sale or
918-7 rental of a dwelling, because of race, color, religion, sex,
918-8 familial status, or national origin.
918-9 (c) This section does not prohibit discrimination against a
918-10 person because the person has been convicted under federal law or
918-11 the law of any state of the illegal manufacture or distribution of
918-12 a controlled substance. (V.A.C.S. Art. 1f, Sec. 3.01.)
918-13 Sec. 301.022. PUBLICATION. A person may not make, print, or
918-14 publish or effect the making, printing, or publishing of a notice,
918-15 statement, or advertisement that is about the sale or rental of a
918-16 dwelling and that indicates any preference, limitation, or
918-17 discrimination or the intention to make a preference, limitation,
918-18 or discrimination because of race, color, religion, sex,
918-19 disability, familial status, or national origin. (V.A.C.S. Art.
918-20 1f, Sec. 3.02.)
918-21 Sec. 301.023. INSPECTION. A person may not represent to
918-22 another because of race, color, religion, sex, disability, familial
918-23 status, or national origin that a dwelling is not available for
918-24 inspection for sale or rental when the dwelling is available for
918-25 inspection. (V.A.C.S. Art. 1f, Sec. 3.03.)
918-26 Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
918-27 for profit, induce or attempt to induce another to sell or rent a
919-1 dwelling by representations regarding the entry or prospective
919-2 entry into a neighborhood of a person of a particular race, color,
919-3 religion, sex, disability, familial status, or national origin.
919-4 (V.A.C.S. Art. 1f, Sec. 3.04.)
919-5 Sec. 301.025. DISABILITY. (a) A person may not
919-6 discriminate in the sale or rental of, or make unavailable or deny,
919-7 a dwelling to any buyer or renter because of a disability of:
919-8 (1) the buyer or renter;
919-9 (2) a person residing in or intending to reside in
919-10 that dwelling after it is sold, rented, or made available; or
919-11 (3) any person associated with the buyer or renter.
919-12 (b) A person may not discriminate against another in the
919-13 terms, conditions, or privileges of sale or rental of a dwelling or
919-14 in the provision of services or facilities in connection with the
919-15 dwelling because of a disability of:
919-16 (1) the other person;
919-17 (2) a person residing in or intending to reside in
919-18 that dwelling after it is sold, rented, or made available; or
919-19 (3) any person associated with the other person.
919-20 (c) In this section, discrimination includes:
919-21 (1) a refusal to permit, at the expense of the person
919-22 having a disability, a reasonable modification of existing premises
919-23 occupied or to be occupied by the person if the modification may be
919-24 necessary to afford the person full enjoyment of the premises;
919-25 (2) a refusal to make a reasonable accommodation in
919-26 rules, policies, practices, or services if the accommodation may be
919-27 necessary to afford the person equal opportunity to use and enjoy a
920-1 dwelling; or
920-2 (3) the failure to design and construct a covered
920-3 multifamily dwelling in a manner:
920-4 (A) that allows the public use and common use
920-5 portions of the dwellings to be readily accessible to and usable by
920-6 persons having a disability;
920-7 (B) that allows all doors designed to allow
920-8 passage into and within all premises within the dwellings to be
920-9 sufficiently wide to allow passage by a person who has a disability
920-10 and who is in a wheelchair; and
920-11 (C) that provides all premises within the
920-12 dwellings contain the following features of adaptive design:
920-13 (i) an accessible route into and through
920-14 the dwelling;
920-15 (ii) light switches, electrical outlets,
920-16 thermostats, and other environmental controls in accessible
920-17 locations;
920-18 (iii) reinforcements in bathroom walls to
920-19 allow later installation of grab bars; and
920-20 (iv) kitchens and bathrooms that are
920-21 usable and have sufficient space in which an individual in a
920-22 wheelchair can maneuver.
920-23 (d) Compliance with the appropriate requirements of the
920-24 American National Standard for buildings and facilities providing
920-25 accessibility and usability for persons having physical
920-26 disabilities, commonly cited as "ANSI A 117.1," satisfies the
920-27 requirements of Subsection (c)(3)(C).
921-1 (e) Subsection (c)(3) does not apply to a building the first
921-2 occupancy of which occurred on or before March 13, 1991.
921-3 (f) This section does not require a dwelling to be made
921-4 available to an individual whose tenancy would constitute a direct
921-5 threat to the health or safety of other individuals or whose
921-6 tenancy would result in substantial physical damage to the property
921-7 of others.
921-8 (g) In this subsection, the term "covered multifamily
921-9 dwellings" means:
921-10 (1) buildings consisting of four or more units if the
921-11 buildings have one or more elevators; and
921-12 (2) ground floor units in other buildings consisting
921-13 of four or more units. (V.A.C.S. Art. 1f, Sec. 3.05.)
921-14 Sec. 301.026. RESIDENTIAL REAL ESTATE RELATED TRANSACTION.
921-15 (a) A person whose business includes engaging in residential real
921-16 estate related transactions may not discriminate against another in
921-17 making a real estate related transaction available or in the terms
921-18 or conditions of a real estate related transaction because of race,
921-19 color, religion, sex, disability, familial status, or national
921-20 origin.
921-21 (b) In this section, "residential real estate related
921-22 transaction" means:
921-23 (1) the making or purchasing of loans or the provision
921-24 of other financial assistance:
921-25 (A) to purchase, construct, improve, repair, or
921-26 maintain a dwelling; or
921-27 (B) to secure residential real estate; or
922-1 (2) the selling, brokering, or appraising of
922-2 residential real property. (V.A.C.S. Art. 1f, Sec. 3.06.)
922-3 Sec. 301.027. BROKERAGE SERVICES. A person may not deny
922-4 another access to, or membership or participation in, a
922-5 multiple-listing service, real estate brokers' organization, or
922-6 other service, organization, or facility relating to the business
922-7 of selling or renting dwellings, or discriminate against a person
922-8 in the terms or conditions of access, membership, or participation
922-9 in such an organization, service, or facility because of race,
922-10 color, religion, sex, disability, familial status, or national
922-11 origin. (V.A.C.S. Art. 1f, Sec. 3.07.)
922-12 (Sections 301.028-301.040 reserved for expansion
922-13 SUBCHAPTER C. EXEMPTIONS
922-14 Sec. 301.041. SALES AND RENTALS EXEMPTED. (a) Subchapter B
922-15 does not apply to:
922-16 (1) the sale or rental of a single-family house sold
922-17 or rented by the owner if:
922-18 (A) the owner does not:
922-19 (i) own more than three single-family
922-20 houses at any one time; or
922-21 (ii) own any interest in, nor is there
922-22 owned or reserved on the person's behalf, under any express or
922-23 voluntary agreement, title to or any right to any part of the
922-24 proceeds from the sale or rental of more than three single-family
922-25 houses at any one time; and
922-26 (B) the house is sold or rented without:
922-27 (i) the use of the sales or rental
923-1 facilities or services of a real estate broker, agent, or salesman
923-2 licensed under The Real Estate License Act (Article 6573a, Vernon's
923-3 Texas Civil Statutes), or of an employee or agent of a licensed
923-4 broker, agent, or salesman, or the facilities or services of the
923-5 owner of a dwelling designed or intended for occupancy by five or
923-6 more families; or
923-7 (ii) the publication, posting, or mailing
923-8 of a notice, statement, or advertisement prohibited by Section
923-9 301.022; or
923-10 (2) the sale or rental of the rooms or units in a
923-11 dwelling containing living quarters occupied by or intended to be
923-12 occupied by not more than four families living independently of
923-13 each other, if the owner maintains and occupies one of the living
923-14 quarters as the owner's residence.
923-15 (b) The exemption in Subsection (a)(1) applies only to one
923-16 sale or rental in a 24-month period if the owner was not the most
923-17 recent resident of the house at the time of the sale or rental.
923-18 (V.A.C.S. Art. 1f, Sec. 1.05.)
923-19 Sec. 301.042. RELIGIOUS ORGANIZATION, PRIVATE CLUB, AND
923-20 APPRAISAL EXEMPTION. (a) This chapter does not prohibit a
923-21 religious organization, association, or society, or a nonprofit
923-22 institution or organization operated, supervised, or controlled by
923-23 or in conjunction with a religious organization, association, or
923-24 society, from:
923-25 (1) limiting the sale, rental, or occupancy of
923-26 dwellings that it owns or operates for other than a commercial
923-27 purpose to persons of the same religion; or
924-1 (2) giving preference to persons of the same religion,
924-2 unless membership in the religion is restricted because of race,
924-3 color, or national origin.
924-4 (b) This chapter does not prohibit a private club that is
924-5 not open to the public and that, as an incident to its primary
924-6 purpose, provides lodging that it owns or operates for other than a
924-7 commercial purpose from limiting the rental or occupancy of the
924-8 lodging to its members or from giving preference to its members.
924-9 (c) This chapter does not prohibit a person engaged in the
924-10 business of furnishing appraisals of real property from considering
924-11 in those appraisals factors other than race, color, religion, sex,
924-12 disability, familial status, or national origin. (V.A.C.S. Art.
924-13 1f, Secs. 1.06, 1.08.)
924-14 Sec. 301.043. HOUSING FOR ELDERLY EXEMPTED. The provisions
924-15 of this chapter relating to familial status do not apply to
924-16 housing:
924-17 (1) that the commission determines is specifically
924-18 designed and operated to assist elderly individuals under a federal
924-19 or state program;
924-20 (2) intended for, and solely occupied by, individuals
924-21 62 years of age or older; or
924-22 (3) intended and operated for occupancy by at least
924-23 one individual 55 years of age or older for each unit as determined
924-24 by commission rules. (V.A.C.S. Art. 1f, Sec. 1.07.)
924-25 Sec. 301.044. EFFECT ON OTHER LAW. (a) This chapter does
924-26 not affect a reasonable local or state restriction on the maximum
924-27 number of occupants permitted to occupy a dwelling or a restriction
925-1 relating to health or safety standards.
925-2 (b) This chapter does not affect a requirement of
925-3 nondiscrimination in any other state or federal law. (V.A.C.S.
925-4 Art. 1f, Sec. 1.09.)
925-5 (Sections 301.045-301.060 reserved for expansion
925-6 SUBCHAPTER D. ADMINISTRATIVE PROVISIONS
925-7 Sec. 301.061. COMMISSION ON HUMAN RIGHTS. The Commission on
925-8 Human Rights shall administer this chapter. (V.A.C.S. Art. 1f,
925-9 Sec. 2.01.)
925-10 Sec. 301.062. RULES. The commission may adopt rules
925-11 necessary to implement this chapter, but substantive rules adopted
925-12 by the commission shall impose obligations, rights, and remedies
925-13 that are the same as are provided in federal fair housing
925-14 regulations. (V.A.C.S. Art. 1f, Sec. 2.02.)
925-15 Sec. 301.063. COMPLAINTS. As provided by Subchapters E and
925-16 F, the commission shall receive, investigate, seek to conciliate,
925-17 and act on complaints alleging violations of this chapter.
925-18 (V.A.C.S. Art. 1f, Sec. 2.03.)
925-19 Sec. 301.064. DELEGATION OF AUTHORITY. The commission by
925-20 rule may authorize the executive director of the commission to
925-21 exercise the commission's powers or perform the commission's duties
925-22 under this chapter. (V.A.C.S. Art. 1f, Sec. 2.04.)
925-23 Sec. 301.065. REPORTS AND STUDIES. (a) The commission
925-24 shall, at least annually, publish a written report recommending
925-25 legislative or other action to carry out the purposes of this
925-26 chapter.
925-27 (b) The commission shall make studies relating to the nature
926-1 and extent of discriminatory housing practices in this state.
926-2 (V.A.C.S. Art. 1f, Sec. 2.05.)
926-3 Sec. 301.066. COOPERATION WITH OTHER ENTITIES. The
926-4 commission shall cooperate with and may provide technical and other
926-5 assistance to federal, state, local, and other public or private
926-6 entities that are designing or operating programs to prevent or
926-7 eliminate discriminatory housing practices. (V.A.C.S. Art. 1f,
926-8 Sec. 2.06.)
926-9 Sec. 301.067. SUBPOENAS AND DISCOVERY. (a) The commission
926-10 may issue subpoenas and order discovery in investigations and
926-11 hearings under this chapter.
926-12 (b) The subpoenas and discovery may be ordered to the same
926-13 extent and are subject to the same limitations as subpoenas and
926-14 discovery in a civil action in district court. (V.A.C.S. Art. 1f,
926-15 Sec. 2.07.)
926-16 Sec. 301.068. REFERRAL TO MUNICIPALITY. The commission may
926-17 defer proceedings under this chapter and refer a complaint to a
926-18 municipality that has been certified by the federal Department of
926-19 Housing and Urban Development as a substantially equivalent fair
926-20 housing agency. (V.A.C.S. Art. 1f, Sec. 2.08(b).)
926-21 Sec. 301.069. GIFTS AND GRANTS. (a) The commission may
926-22 accept gifts and grants from any public or private source for
926-23 administering this chapter.
926-24 (b) Gifts and grants received shall be deposited to the
926-25 credit of the fair housing fund in the state treasury.
926-26 (c) Money deposited to the credit of the fund may be used
926-27 only for administering this chapter. (V.A.C.S. Art. 1f, Secs.
927-1 2.09, 7.01.)
927-2 (Sections 301.070-301.080 reserved for expansion
927-3 SUBCHAPTER E. ADMINISTRATIVE ENFORCEMENT
927-4 Sec. 301.081. COMPLAINT. (a) The commission shall
927-5 investigate complaints of alleged discriminatory housing practices.
927-6 (b) A complaint must be:
927-7 (1) in writing;
927-8 (2) under oath; and
927-9 (3) in the form prescribed by the commission.
927-10 (c) An aggrieved person may file a complaint with the
927-11 commission alleging the discriminatory housing practice. The
927-12 commission may file a complaint.
927-13 (d) A complaint must be filed on or before the first
927-14 anniversary of the date the alleged discriminatory housing practice
927-15 occurs or terminates, whichever is later.
927-16 (e) A complaint may be amended at any time.
927-17 (f) On the filing of a complaint, the commission shall:
927-18 (1) give the aggrieved person notice that the
927-19 complaint has been received;
927-20 (2) advise the aggrieved person of the time limits and
927-21 choice of forums under this chapter; and
927-22 (3) not later than the 20th day after the date of the
927-23 filing of the complaint or the identification of an additional or
927-24 substitute respondent under Section 301.084, serve on each
927-25 respondent:
927-26 (A) a notice identifying the alleged
927-27 discriminatory housing practice and advising the respondent of the
928-1 procedural rights and obligations of a respondent under this
928-2 chapter; and
928-3 (B) a copy of the original complaint. (V.A.C.S.
928-4 Art. 1f, Sec. 4.01.)
928-5 Sec. 301.082. ANSWER. (a) Not later than the 10th day
928-6 after the date of receipt of the notice and copy of the complaint
928-7 under Section 301.081(f)(3), a respondent may file an answer to the
928-8 complaint.
928-9 (b) An answer must be:
928-10 (1) in writing;
928-11 (2) under oath; and
928-12 (3) in the form prescribed by the commission.
928-13 (c) An answer may be amended at any time.
928-14 (d) An answer does not inhibit the investigation of a
928-15 complaint. (V.A.C.S. Art. 1f, Sec. 4.02.)
928-16 Sec. 301.083. Investigation. (a) If the federal government
928-17 has referred a complaint to the commission or has deferred
928-18 jurisdiction over the subject matter of the complaint to the
928-19 commission, the commission shall promptly investigate the
928-20 allegations set forth in the complaint.
928-21 (b) The commission shall investigate all complaints and,
928-22 except as provided by Subsection (c), shall complete an
928-23 investigation not later than the 100th day after the date the
928-24 complaint is filed or, if it is unable to complete the
928-25 investigation within the 100-day period, shall dispose of all
928-26 administrative proceedings related to the investigation not later
928-27 than the first anniversary after the date the complaint is filed.
929-1 (c) If the commission is unable to complete an investigation
929-2 within the time periods prescribed by Subsection (b), the
929-3 commission shall notify the complainant and the respondent in
929-4 writing of the reasons for the delay. (V.A.C.S. Art. 1f, Sec.
929-5 4.03.)
929-6 Sec. 301.084. Additional or Substitute Respondent. (a) The
929-7 commission may join a person not named in the complaint as an
929-8 additional or substitute respondent if during the investigation the
929-9 commission determines that the person should be accused of a
929-10 discriminatory housing practice.
929-11 (b) In addition to the information required in the notice
929-12 under Section 301.081(f), the commission shall include in a notice
929-13 to a respondent joined under this section the reasons for the
929-14 determination that the person is properly joined as a respondent.
929-15 (V.A.C.S. Art. 1f, Sec. 4.04.)
929-16 Sec. 301.085. Conciliation. (a) The commission shall,
929-17 during the period beginning with the filing of a complaint and
929-18 ending with the filing of a charge or a dismissal by the
929-19 commission, to the extent feasible, engage in conciliation with
929-20 respect to the complaint.
929-21 (b) A conciliation agreement between a respondent and the
929-22 complainant is subject to commission approval.
929-23 (c) A conciliation agreement may provide for binding
929-24 arbitration or another method of dispute resolution. Dispute
929-25 resolution that results from a conciliation agreement may authorize
929-26 appropriate relief, including monetary relief.
929-27 (d) A conciliation agreement is public information unless:
930-1 (1) the complainant and respondent agree that it is
930-2 not; and
930-3 (2) the commission determines that disclosure is not
930-4 necessary to further the purposes of this chapter.
930-5 (e) Statements made or actions taken in the conciliation may
930-6 not be made public or used as evidence in a subsequent proceeding
930-7 under this chapter without the written consent of the persons
930-8 concerned.
930-9 (f) After completion of the commission's investigation, the
930-10 commission shall make available to the aggrieved person and the
930-11 respondent, at any time, information derived from the investigation
930-12 and the final investigative report relating to that investigation.
930-13 (V.A.C.S. Art. 1f, Sec. 4.05.)
930-14 Sec. 301.086. Temporary or Preliminary Relief. (a) The
930-15 commission may authorize a civil action for temporary or
930-16 preliminary relief pending the final disposition of a complaint if
930-17 the commission concludes after the filing of the complaint that
930-18 prompt judicial action is necessary to carry out the purposes of
930-19 this chapter.
930-20 (b) On receipt of the commission's authorization, the
930-21 attorney general shall promptly file the action.
930-22 (c) A temporary restraining order or other order granting
930-23 preliminary or temporary relief under this section is governed by
930-24 the applicable Texas Rules of Civil Procedure.
930-25 (d) The filing of a civil action under this section does not
930-26 affect the initiation or continuation of administrative proceedings
930-27 under Section 301.111. (V.A.C.S. Art. 1f, Sec. 4.06.)
931-1 Sec. 301.087. Investigative Report. (a) The commission
931-2 shall prepare a final investigative report including:
931-3 (1) the names of and dates of contacts with witnesses;
931-4 (2) a summary of correspondence and other contacts
931-5 with the aggrieved person and the respondent showing the dates of
931-6 the correspondence and contacts;
931-7 (3) a summary description of other pertinent records;
931-8 (4) a summary of witness statements; and
931-9 (5) answers to interrogatories.
931-10 (b) A final report under this section may be amended if
931-11 additional evidence is discovered. (V.A.C.S. Art. 1f, Sec. 4.07.)
931-12 Sec. 301.088. Reasonable Cause Determination. (a) The
931-13 commission shall determine from the facts whether reasonable cause
931-14 exists to believe that a discriminatory housing practice has
931-15 occurred or is about to occur.
931-16 (b) The commission shall make the determination under
931-17 Subsection (a) not later than the 100th day after the date a
931-18 complaint is filed unless:
931-19 (1) making the determination is impracticable; or
931-20 (2) the commission approves a conciliation agreement
931-21 relating to the complaint.
931-22 (c) If within the period provided by Subsection (b) making
931-23 the determination is impracticable, the commission shall give in
931-24 writing the complainant and the respondent the reasons for the
931-25 delay.
931-26 (d) If the commission determines that reasonable cause
931-27 exists to believe that a discriminatory housing practice has
932-1 occurred or is about to occur, the commission shall, except as
932-2 provided by Section 301.090, immediately issue a charge on behalf
932-3 of the aggrieved person. (V.A.C.S. Art. 1f, Sec. 4.08.)
932-4 Sec. 301.089. Charge. (a) A charge issued under Section
932-5 301.088:
932-6 (1) must consist of a short and plain statement of the
932-7 facts on which the commission finds reasonable cause to believe
932-8 that a discriminatory housing practice has occurred or is about to
932-9 occur;
932-10 (2) must be based on the final investigative report;
932-11 and
932-12 (3) is not limited to the facts or grounds alleged in
932-13 the complaint.
932-14 (b) Not later than the 20th day after the date the
932-15 commission issues a charge, the commission shall send a copy of the
932-16 charge with information about the election under Section 301.093
932-17 to:
932-18 (1) each respondent; and
932-19 (2) each aggrieved person on whose behalf the
932-20 complaint was filed.
932-21 (c) The commission shall include with a charge sent to a
932-22 respondent a notice of the opportunity for a hearing under Section
932-23 301.111. (V.A.C.S. Art. 1f, Sec. 4.09.)
932-24 Sec. 301.090. Land Use Law. If the commission determines
932-25 that the matter involves the legality of a state or local zoning or
932-26 other land use law or ordinance, the commission may not issue a
932-27 charge and shall immediately refer the matter to the attorney
933-1 general for appropriate action. (V.A.C.S. Art. 1f, Sec. 4.10.)
933-2 Sec. 301.091. Dismissal. (a) If the commission determines
933-3 that no reasonable cause exists to believe that a discriminatory
933-4 housing practice that is the subject of a complaint has occurred or
933-5 is about to occur, the commission shall promptly dismiss the
933-6 complaint.
933-7 (b) The commission shall make public disclosure of each
933-8 dismissal. (V.A.C.S. Art. 1f, Sec. 4.11.)
933-9 Sec. 301.092. Pending Civil Trial. The commission may not
933-10 issue a charge alleging a discriminatory housing practice after the
933-11 beginning of the trial of a civil action commenced by the aggrieved
933-12 party under federal or state law seeking relief with respect to
933-13 that discriminatory housing practice. (V.A.C.S. Art. 1f, Sec.
933-14 4.12.)
933-15 Sec. 301.093. ELECTION OF JUDICIAL DETERMINATION. (a) A
933-16 complainant, a respondent, or an aggrieved person on whose behalf a
933-17 complaint was filed may elect to have the claims asserted in the
933-18 charge decided in a civil action as provided by Section 301.131.
933-19 (b) The election must be made not later than the 20th day
933-20 after the date the person having the election receives service
933-21 under Section 301.089(b) or, in the case of the commission, not
933-22 later than the 20th day after the date the charge is issued.
933-23 (c) The person making the election shall give notice to the
933-24 commission and to all other complainants and respondents to whom
933-25 the charge relates. (V.A.C.S. Art. 1f, Sec. 4.13.)
933-26 (Sections 301.094-301.110 reserved for expansion)
933-27 SUBCHAPTER F. ADMINISTRATIVE HEARINGS
934-1 Sec. 301.111. ADMINISTRATIVE HEARING. (a) If a timely
934-2 election is not made under Section 301.093, the commission shall
934-3 provide for a hearing on the charge.
934-4 (b) Except as provided by Subsection (c), Chapter 2001,
934-5 Government Code, governs a hearing and an appeal of a hearing.
934-6 (c) A hearing under this section on an alleged
934-7 discriminatory housing practice may not continue after the
934-8 beginning of the trial of a civil action commenced by the aggrieved
934-9 person under federal or state law seeking relief with respect to
934-10 the discriminatory housing practice. (V.A.C.S. Art. 1f, Sec.
934-11 4.15.)
934-12 Sec. 301.112. ADMINISTRATIVE PENALTIES. (a) If the
934-13 commission determines at a hearing under Section 301.111 that a
934-14 respondent has engaged in or is about to engage in a discriminatory
934-15 housing practice, the commission may order the appropriate relief,
934-16 including actual damages, reasonable attorney's fees, court costs,
934-17 and other injunctive or equitable relief.
934-18 (b) To vindicate the public's interest, the commission may
934-19 assess a civil penalty against the respondent in an amount that
934-20 does not exceed:
934-21 (1) $10,000 if the respondent has been found by order
934-22 of the commission or a court to have committed a prior
934-23 discriminatory housing practice; or
934-24 (2) except as provided by Subsection (c):
934-25 (A) $25,000 if the respondent has been found by
934-26 order of the commission or a court to have committed one other
934-27 discriminatory housing practice during the five-year period ending
935-1 on the date of the filing of the charges; or
935-2 (B) $50,000 if the respondent has been found by
935-3 the commission or a court to have committed two or more
935-4 discriminatory housing practices during the seven-year period
935-5 ending on the date of filing of the charge.
935-6 (c) If the acts constituting the discriminatory housing
935-7 practice that is the object of the charge are committed by the same
935-8 individual who has previously been found to have committed acts
935-9 constituting a discriminatory housing practice, the civil penalties
935-10 in Subsection (b)(2) may be imposed without regard to the period of
935-11 time within which any other discriminatory housing practice
935-12 occurred.
935-13 (d) At the request of the commission, the attorney general
935-14 shall sue to recover a civil penalty due under this section. Funds
935-15 collected under this section shall be paid to the state treasurer
935-16 for deposit in the state treasury to the credit of the fair housing
935-17 fund. (V.A.C.S. Art. 1f, Sec. 4.16.)
935-18 Sec. 301.113. EFFECT OF COMMISSION ORDER. A commission
935-19 order under Section 301.112 does not affect a contract, sale,
935-20 encumbrance, or lease that:
935-21 (1) is consummated before the commission issues the
935-22 order; and
935-23 (2) involves a bona fide purchaser, encumbrancer, or
935-24 tenant who did not have actual notice of the charge filed under
935-25 this chapter. (V.A.C.S. Art. 1f, Sec. 4.17.)
935-26 Sec. 301.114. LICENSED OR REGULATED BUSINESS. If the
935-27 commission issues an order with respect to a discriminatory housing
936-1 practice that occurs in the course of a business subject to a
936-2 licensing or regulation by a governmental agency, the commission
936-3 shall, not later than the 30th day after the date the order is
936-4 issued:
936-5 (1) send copies of the findings and the order to the
936-6 governmental agency; and
936-7 (2) recommend to the governmental agency appropriate
936-8 disciplinary action. (V.A.C.S. Art. 1f, Sec. 4.18.)
936-9 Sec. 301.115. ORDER IN PRECEDING FIVE YEARS. If the
936-10 commission issues an order against a respondent against whom
936-11 another order was issued within the preceding five years under
936-12 Section 301.112, the commission shall send a copy of each order to
936-13 the attorney general. (V.A.C.S. Art. 1f, Sec. 4.19.)
936-14 (Sections 301.116-301.130 reserved for expansion)
936-15 SUBCHAPTER G. ENFORCEMENT BY ATTORNEY GENERAL
936-16 Sec. 301.131. ATTORNEY GENERAL ACTION FOR ENFORCEMENT. (a)
936-17 If a timely election is made under Section 301.093, the commission
936-18 shall authorize, and not later than the 30th day after the date the
936-19 election is made the attorney general shall file in a district
936-20 court, a civil action seeking relief on behalf of the aggrieved
936-21 person.
936-22 (b) Venue for an action is in the county in which the
936-23 alleged discriminatory housing practice occurred or is about to
936-24 occur.
936-25 (c) An aggrieved person may intervene in the action.
936-26 (d) If the court finds that a discriminatory housing
936-27 practice has occurred or is about to occur, the court may grant as
937-1 relief any relief that a court may grant in a civil action under
937-2 Subchapter H.
937-3 (e) If monetary relief is sought for the benefit of an
937-4 aggrieved person who does not intervene in the civil action, the
937-5 court may not award the monetary relief if that aggrieved person
937-6 has not complied with discovery orders entered by the court.
937-7 (V.A.C.S. Art. 1f, Sec. 4.14.)
937-8 Sec. 301.132. PATTERN OR PRACTICE CASE. (a) On the request
937-9 of the commission, the attorney general may file a civil action in
937-10 district court for appropriate relief if the commission has
937-11 reasonable cause to believe that:
937-12 (1) a person is engaged in a pattern or practice of
937-13 resistance to the full enjoyment of a right granted under this
937-14 chapter; or
937-15 (2) a person has been denied a right granted by this
937-16 chapter and that denial raises an issue of general public
937-17 importance.
937-18 (b) In an action under this section the court may:
937-19 (1) award preventive relief, including a permanent or
937-20 temporary injunction, restraining order, or other order against the
937-21 person responsible for a violation of this chapter as necessary to
937-22 assure the full enjoyment of the rights granted by this chapter;
937-23 (2) award other appropriate relief, including monetary
937-24 damages, reasonable attorney's fees, and court costs; and
937-25 (3) to vindicate the public interest, assess a civil
937-26 penalty against the respondent in an amount that does not exceed:
937-27 (A) $50,000 for a first violation; and
938-1 (B) $100,000 for a second or subsequent
938-2 violation.
938-3 (c) A person may intervene in an action under this section
938-4 if the person is:
938-5 (1) a person aggrieved by the discriminatory housing
938-6 practice; or
938-7 (2) a party to a conciliation agreement concerning the
938-8 discriminatory housing practice. (V.A.C.S. Art. 1f, Sec. 6.01.)
938-9 Sec. 301.133. SUBPOENA ENFORCEMENT. The attorney general,
938-10 on behalf of the commission or another party at whose request a
938-11 subpoena is issued under this chapter, may enforce the subpoena in
938-12 appropriate proceedings in district court. (V.A.C.S. Art. 1f, Sec.
938-13 6.02.)
938-14 (Sections 301.134-301.150 reserved for expansion)
938-15 SUBCHAPTER H. ENFORCEMENT BY PRIVATE PERSONS
938-16 Sec. 301.151. CIVIL ACTION. (a) An aggrieved person may
938-17 file a civil action in district court not later than the second
938-18 year after the date of the occurrence or the termination of an
938-19 alleged discriminatory housing practice, or the breach of a
938-20 conciliation agreement entered under this chapter, whichever occurs
938-21 last, to obtain appropriate relief with respect to the
938-22 discriminatory housing practice or breach.
938-23 (b) The two-year period does not include any time during
938-24 which an administrative hearing under this chapter is pending with
938-25 respect to a complaint or charge under this chapter based on the
938-26 discriminatory housing practice. This subsection does not apply to
938-27 actions arising from the breach of a conciliation agreement.
939-1 (c) An aggrieved person may file an action whether a
939-2 complaint has been filed under Section 301.081 and without regard
939-3 to the status of any complaint filed under that section.
939-4 (d) If the commission has obtained a conciliation agreement
939-5 with the consent of an aggrieved person, the aggrieved person may
939-6 not file an action with respect to the alleged discriminatory
939-7 housing practice that forms the basis of the complaint except to
939-8 enforce the terms of the agreement.
939-9 (e) An aggrieved person may not file an action with respect
939-10 to an alleged discriminatory housing practice that forms the basis
939-11 of a charge issued by the commission if the commission has begun a
939-12 hearing on the record under this chapter with respect to the
939-13 charge. (V.A.C.S. Art. 1f, Sec. 5.01.)
939-14 Sec. 301.152. Court-Appointed Attorney. On application by a
939-15 person alleging a discriminatory housing practice or by a person
939-16 against whom a discriminatory housing practice is alleged, the
939-17 court may appoint an attorney for the person. (V.A.C.S. Art. 1f,
939-18 Sec. 5.02.)
939-19 Sec. 301.153. Relief Granted. If the court finds that a
939-20 discriminatory housing practice has occurred or is about to occur,
939-21 the court may award to the plaintiff:
939-22 (1) actual and punitive damages;
939-23 (2) reasonable attorney's fees;
939-24 (3) court costs; and
939-25 (4) subject to Section 301.154, a permanent or
939-26 temporary injunction, temporary restraining order, or other order,
939-27 including an order enjoining the defendant from engaging in the
940-1 practice or ordering appropriate affirmative action. (V.A.C.S.
940-2 Art. 1f, Sec. 5.03.)
940-3 Sec. 301.154. Effect of Relief Granted. Relief granted
940-4 under this subchapter does not affect a contract, sale,
940-5 encumbrance, or lease that:
940-6 (1) is consummated before the granting of the relief;
940-7 and
940-8 (2) involves a bona fide purchaser, encumbrancer, or
940-9 tenant who did not have actual notice of the filing of a complaint
940-10 or civil action under this chapter. (V.A.C.S. Art. 1f, Sec. 5.04.)
940-11 Sec. 301.155. Intervention by Attorney General. (a) On
940-12 request of the commission, the attorney general may intervene in an
940-13 action under this subchapter if the commission certifies that the
940-14 case is of general public importance.
940-15 (b) The attorney general may obtain the same relief as is
940-16 available to the attorney general under Section 301.132(b).
940-17 (V.A.C.S. Art. 1f, Sec. 5.05.)
940-18 Sec. 301.156. PREVAILING PARTY. A court in a civil action
940-19 brought under this chapter or the commission in an administrative
940-20 hearing under Section 301.111 may award reasonable attorney's fees
940-21 to the prevailing party and assess court costs against the
940-22 nonprevailing party. (V.A.C.S. Art. 1f, Sec. 8.01.)
940-23 (Sections 301.157-301.170 reserved for expansion)
940-24 SUBCHAPTER I. CRIMINAL PENALTY
940-25 Sec. 301.171. Intimidation or Interference. (a) A person
940-26 commits an offense if the person, without regard to whether the
940-27 person is acting under color of law, by force or threat of force
941-1 intentionally intimidates or interferes with a person:
941-2 (1) because of the person's race, color, religion,
941-3 sex, disability, familial status, or national origin and because
941-4 the person is or has been selling, purchasing, renting, financing,
941-5 occupying, or contracting or negotiating for the sale, purchase,
941-6 rental, financing, or occupation of any dwelling, or applying for
941-7 or participating in a service, organization, or facility relating
941-8 to the business of selling or renting dwellings; or
941-9 (2) because the person is or has been, or to
941-10 intimidate the person from:
941-11 (A) participating, without discrimination
941-12 because of race, color, religion, sex, disability, familial status,
941-13 or national origin, in an activity, service, organization, or
941-14 facility described by Subdivision (1); or
941-15 (B) affording another person opportunity or
941-16 protection to so participate; or
941-17 (C) lawfully aiding or encouraging other persons
941-18 to participate, without discrimination because of race, color,
941-19 religion, sex, disability, familial status, or national origin, in
941-20 an activity, service, organization, or facility described by
941-21 Subdivision (1).
941-22 (b) An offense under this section is a Class A misdemeanor.
941-23 (V.A.C.S. Art. 1f, Sec. 9.01.)
941-24 SECTION 41. CONFORMING AMENDMENT. Section 151.429(e), Tax
941-25 Code, is amended to read as follows:
941-26 (e) In this section:
941-27 (1) "Enterprise project" means a person designated by
942-1 the Texas Department of Commerce as an enterprise project under
942-2 Chapter 2303, Government Code.
942-3 (2) "Enterprise zone"<, "enterprise project,"
942-4 "enterprise zone," "new permanent job,"> and "qualified employee"
942-5 have the meanings assigned to those terms by Section 2303.003,
942-6 Government Code <Section 3, Texas Enterprise Zone Act (Article
942-7 5190.7, Vernon's Texas Civil Statutes)>.
942-8 (3) "New permanent job" means a new employment
942-9 position created by a qualified business as described by Section
942-10 2303.401, Government Code, that:
942-11 (A) has provided at least 1,040 hours of
942-12 employment a year to a qualified employee; and
942-13 (B) is intended to exist during the period that
942-14 the qualified business is designated as an enterprise project under
942-15 Chapter 2303, Government Code.
942-16 SECTION 42. CONFORMING AMENDMENT. Section 151.431(e), Tax
942-17 Code, is amended to read as follows:
942-18 (e) In this section:
942-19 (1) "Enterprise zone"<, "enterprise zone," "governing
942-20 body," "qualified business,"> and "qualified employee" have the
942-21 meanings assigned to those terms by Section 2303.003, Government
942-22 Code <Section 3, Texas Enterprise Zone Act (Article 5190.7,
942-23 Vernon's Texas Civil Statutes)>.
942-24 (2) "Governing body" means the governing body of a
942-25 municipality or county that applied to have the area designated as
942-26 an enterprise zone under Section 2303.105, Government Code.
942-27 (3) "Qualified business" means a person that is
943-1 certified as a qualified business under Section 2303.401,
943-2 Government Code.
943-3 SECTION 43. CONFORMING AMENDMENT. Section 171.1015(f), Tax
943-4 Code, is amended to read as follows:
943-5 (f) In this section:
943-6 (1) "Enterprise project" means a person designated by
943-7 the Texas Department of Commerce as an enterprise project under
943-8 Chapter 2303, Government Code.
943-9 (2) "Enterprise zone" has the meaning assigned to that
943-10 term by Section 2303.003, Government Code<, "enterprise project"
943-11 and "enterprise zone" have the meanings assigned to those terms by
943-12 Section 3, Texas Enterprise Zone Act (Article 5190.7, Vernon's
943-13 Texas Civil Statutes)>.
943-14 SECTION 44. CONFORMING AMENDMENT. Section 171.501(e), Tax
943-15 Code, is amended to read as follows:
943-16 (e) In this section:
943-17 (1) "Enterprise zone"<, "enterprise zone," "governing
943-18 body," "new job," "qualified business,"> and "qualified employee"
943-19 have the meanings assigned to those terms by Section 2303.003,
943-20 Government Code <Section 3, Texas Enterprise Zone Act (Article
943-21 5190.7, Vernon's Texas Civil Statutes)>.
943-22 (2) "Governing body" means the governing body of a
943-23 municipality or county that applied to have the area designated as
943-24 an enterprise zone under Section 2303.105, Government Code.
943-25 (3) "New job" means a new employment position created
943-26 by a qualified business as described by Section 2303.401,
943-27 Government Code, that:
944-1 (A) has provided at least 1,040 hours of
944-2 employment a year to a qualified employee; and
944-3 (B) is intended to exist during the period that
944-4 the qualified business is designated as an enterprise project under
944-5 Chapter 2303, Government Code.
944-6 (4) "Qualified business" means a person that is
944-7 certified as a qualified business under Section 2303.401,
944-8 Government Code.
944-9 SECTION 45. CONFORMING AMENDMENT. Section 2, Article 5996g,
944-10 Revised Statutes, is redesignated as Section 2, Chapter 427, Acts
944-11 of the 70th Legislature, Regular Session, 1987.
944-12 SECTION 46. REPEALER. The following laws are repealed:
944-13 (1) the following articles and acts, as compiled in
944-14 Vernon's Texas Civil Statutes: 1f; 12; 13; 14; 16; 16a; 16b; 17;
944-15 18; 19; 19a; 20; 21; 22; 23a; 25; 26; 27; 28a; 28a-1; 29; 29a; 29b;
944-16 29c; 29d; 29e; 601e; 601f; 601g; 601h; 664-4; 689a-1; 689a-2;
944-17 689a-4; 689a-4a; 689a-4b; 689a-4c; 689a-6; 689a-8; 689a-8a;
944-18 689a-20; 689a-21; 695g; 695h; 842a-2; 842g; 999e; 1269l-5; 1269t;
944-19 1939a; 2529b-1; 2529c; 2529d; 2568; 2569; 3904; 3905; 3907; 3908;
944-20 3909; 3910; 3913; 4345a; 4348e; 4413(29aa-3); 4413(31); 4413(32j);
944-21 4413(33); 4413(33a); 4413(33b); 4413(34b); 4413(34c); 4413(34d);
944-22 4413(47e); 4413(55); 4413(56); 4413(57); 4413(203); 4413(501);
944-23 4591; 4591.2; 4591.3; 4591.5; 4591.6; 4591b; 4591b-1; 4591b-2;
944-24 4591e; 5154c; 5160; 5165; 5165.1; 5165.2; 5165.6; 5165a; 5190.7;
944-25 5221g; 5240; 5241; 5242; 5243; 5244; 5245; 5246; 5247; 5248d-1;
944-26 5248f; 5248g; 5248g-1; 5248h; 5248i; 5961; 5962; 5963; 5964; 5967;
944-27 5972; 5986; 5996a; 5996b; 5996c; 5996d; 5996e; 5996f; 5996g; 5996h;
945-1 5996i; 5997; 5998; 5999; 6000; 6001; 6002; 6003; 6003a; 6003b;
945-2 6003c; 6049h; 6228f; 6252-1; 6252-2; 6252-3; 6252-3d; 6252-3e;
945-3 6252-3g; 6252-4a; 6252-4b; 6252-4c; 6252-5a; 6252-5b; 6252-5c;
945-4 6252-5d; 6252-5e; 6252-5f; 6252-6b; 6252-6c; 6252-6d; 6252-7;
945-5 6252-8; 6252-8a; 6252-8b; 6252-8c; 6252-8d; 6252-8e; 6252-9a;
945-6 6252-9b; 6252-9d.1; 6252-9e; 6252-9f; 6252-9aa; 6252-10a; 6252-11;
945-7 6252-11a; 6252-11b; 6252-11c; 6252-11e; 6252-11f; 6252-11g;
945-8 6252-12; 6252-13a; 6252-13b; 6252-13b.1; 6252-13e; 6252-13f;
945-9 6252-15; 6252-16a; 6252-16b; 6252-16c; 6252-17; 6252-17a; 6252-17b;
945-10 6252-17c; 6252-18; 6252-18a; 6252-19a; 6252-20; 6252-20b; 6252-21;
945-11 6252-22; 6252-23; 6252-24; 6252-27; 6252-29a; 6252-30; 6252-31;
945-12 6252-32; 6674v.2, Sec. 5(c); 6813; 6813a; 6813b; 6813c; 6813d-1;
945-13 6813e; 6813f; 6813g; 6822; 6822a; 6823a; 6823b; 6824; 6825; 6826;
945-14 6827; 6828; 6829; 6829a; 6889-3; 6889-3a; and 8309-1; and
945-15 (2) Section 492.006(c), Government Code.
945-16 SECTION 47. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
945-17 This Act is enacted under Article III, Section 43, of the Texas
945-18 Constitution. This Act is intended as a recodification only, and
945-19 no substantive change in the law is intended by this Act.
945-20 SECTION 48. SAVINGS PROVISION. (a) For the purposes of
945-21 Section 403.094, Government Code, the revision and codification by
945-22 this Act of a statute relating to a fund in existence on or before
945-23 August 31, 1993, does not re-create the fund and does not
945-24 constitute the reenactment of a dedication of revenue.
945-25 (b) A fund or account, the existence of which is derived
945-26 from a statute revised by this Act and which is abolished under
945-27 Section 403.094, Government Code, before the effective date of this
946-1 Act is not revived or re-created by this Act.
946-2 (c) The application of Sections 403.094 and 403.095,
946-3 Government Code, to a fund or to the permissible uses of revenue or
946-4 fund balances is not affected by this Act.
946-5 (d) The revision by this Act of a statute that conflicted
946-6 with an applicable provision of former Article 6251-31, Revised
946-7 Statutes, as added by Section 35, Chapter 641, Acts of the 73rd
946-8 Legislature, Regular Session, 1991, and revised in this Act as
946-9 Chapter 2103, Government Code, does not prevail over that article
946-10 unless the law from which the revised provision was derived
946-11 prevailed over that article.
946-12 SECTION 49. EFFECTIVE DATE. This Act takes effect September
946-13 1, 1993.
946-14 SECTION 50. EMERGENCY. The importance of this legislation
946-15 and the crowded condition of the calendars in both houses create an
946-16 emergency and an imperative public necessity that the
946-17 constitutional rule requiring bills to be read on three several
946-18 days in each house be suspended, and this rule is hereby suspended.