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AN ACT
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relating to the availability of information about state |
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expenditures and rules, including the creation of a state database |
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containing information on state expenditures, and to certain |
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comptroller reports, and to certain amounts received by |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Section 403.024 to read as follows: |
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Sec. 403.024. SEARCHABLE STATE EXPENDITURE DATABASE. (a) |
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In this section, "state agency" has the meaning assigned by Section |
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403.013. |
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(b) The comptroller shall establish and post on the Internet |
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a database of state expenditures, including contracts and grants, |
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that is electronically searchable by the public except as provided |
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by Subsection (d). The database must include: |
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(1) the amount, date, payor, and payee of |
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expenditures; and |
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(2) a listing of state expenditures by: |
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(A) object of expense with links to the warrant |
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or check register level; and |
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(B) to the extent maintained by state agency |
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accounting systems in a reportable format, class and item levels. |
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(c) To the extent possible, the comptroller shall present |
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information in the database established under this section in a |
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manner that is searchable and intuitive to users. The comptroller |
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shall enhance and organize the presentation of the information |
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through the use of graphical representations, such as pie charts, |
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as the comptroller considers appropriate. At a minimum, the |
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database must allow users to: |
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(1) search and aggregate state funding by any element |
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of the information; |
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(2) ascertain through a single search the total amount |
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of state funding awarded to a person by a state agency; and |
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(3) download information yielded by a search of the |
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database. |
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(d) The comptroller may not allow public access under this |
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section to a payee's address, except that the comptroller may allow |
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public access under this section to information identifying the |
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county in which the payee is located. The comptroller may not allow |
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public access under this section to information that is identified |
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by a state agency as excepted from required disclosure under |
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Chapter 552 or as confidential. It is an exception to the |
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application of Section 552.352(a) that the comptroller or an |
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officer or employee of the comptroller's office posted information |
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under this section in reliance on a determination made by a state |
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agency about the confidentiality of information relating to the |
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agency's expenditures. The comptroller or an officer or employee |
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of the comptroller's office is immune from any civil liability for |
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posting confidential information under this section if the |
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comptroller, officer, or employee posted the information in |
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reliance on a determination made by a state agency about the |
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confidentiality of information relating to the agency's |
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expenditures. |
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(e) To the extent any information required to be in the |
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database is already being collected or maintained by a state |
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agency, the state agency shall provide that information to the |
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comptroller for inclusion in the database. |
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(f) The comptroller may not charge a fee to the public to |
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access the database. |
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(g) Except as provided by Subsection (h), a state agency is |
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required to cooperate with and provide information to the |
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comptroller as necessary to implement and administer this section. |
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(h) This section does not require a state agency to record |
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information or expend resources for the purpose of computer |
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programming or other additional actions necessary to make |
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information reportable under this section. |
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(i) The Department of Information Resources, after |
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consultation with the comptroller, shall prominently include a link |
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to the database established under this section on the public home |
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page of the TexasOnline Project described by Section 2054.252. |
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(j) The comptroller may establish procedures and adopt |
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rules to implement this section. |
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SECTION 2. Sections 2006.001(2) and (3), Government Code, |
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are amended to read as follows: |
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(2) "Small business" means a legal entity, including a |
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corporation, partnership, or sole proprietorship, that: |
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(A) is formed for the purpose of making a profit; |
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(B) is independently owned and operated; and |
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(C) has fewer than 100 employees or less than $6 |
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[$1] million in annual gross receipts. |
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(3) "State agency" means a department, board, bureau, |
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commission, division, office, council, or other agency of the state |
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and includes an officer who is authorized by law to determine |
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contested cases. |
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SECTION 3. Section 2006.002, Government Code, is amended by |
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amending Subsections (c) and (d) and adding Subsections (c-1) and |
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(g) to read as follows: |
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(c) Before adopting a rule that may [would] have an adverse |
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economic effect on small businesses, a state agency shall prepare: |
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(1) an economic impact statement that estimates the |
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number of small businesses subject to the proposed rule, projects |
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the economic impact of the rule on small businesses, and describes |
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alternative methods of achieving the purpose of the proposed rule; |
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and |
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(2) a regulatory flexibility analysis that includes |
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the agency's consideration of alternative methods of achieving the |
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purpose of the proposed rule. |
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(c-1) The analysis under Subsection (c) shall consider, if |
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consistent with the health, safety, and environmental and economic |
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welfare of the state, using regulatory methods that will accomplish |
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the objectives of applicable rules while minimizing adverse impacts |
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on small businesses. The state agency must include in the analysis |
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several proposed methods of reducing the adverse impact of a |
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proposed rule on a small business [a statement of the effect of the
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rule on small businesses. The statement must include:
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[(1)
an analysis of the cost of compliance with the
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rule for small businesses; and
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[(2)
a comparison of the cost of compliance for small
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businesses with the cost of compliance for the largest businesses
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affected by the rule, using at least one of the following standards:
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[(A) cost for each employee;
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[(B) cost for each hour of labor; or
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[(C) cost for each $100 of sales]. |
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(d) The agency shall include the economic impact statement |
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and regulatory flexibility analysis [statement of effect] as part |
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of the notice of the proposed rule that the agency files with the |
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secretary of state for publication in the Texas Register and shall |
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provide copies to the standing committee of each house of the |
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legislature that is charged with reviewing the proposed rule. |
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(g) The attorney general, in consultation with the |
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comptroller, shall prepare guidelines to assist a state agency: |
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(1) in determining a proposed rule's potential adverse |
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economic effects on small businesses; and |
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(2) in identifying and evaluating alternative methods |
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of achieving the purpose of a proposed rule. |
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SECTION 4. Section 2054.126, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) Each state agency that maintains a generally accessible |
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Internet site or for which a generally accessible Internet site is |
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maintained shall include a link on the agency's Internet site to the |
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state expenditure database established under Section 403.024. In |
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this subsection, "state agency" has the meaning assigned by Section |
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403.013. |
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SECTION 5. Section 2177.052, Government Code, is |
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transferred to Chapter 322, Government Code, redesignated as |
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Section 322.020, and amended to read as follows: |
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Sec. 322.020 [2177.052]. MAJOR CONTRACTS DATABASE. (a) In |
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this section, "major contract" means: |
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(1) a contract for which notice is required under one |
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of the following sections [that has a value that is expected to be
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at least $5 million computed as the]: |
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(A) Section 2054.008 [(1)
initial value of the
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contract]; |
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(B) Section 2166.2551; |
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(C) Section 2254.006; or |
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(D) Section 2254.0301; or |
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(2) a contract, including an amendment, modification, |
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renewal, or extension: |
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(A) for which notice is not required under a |
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section listed in Subdivision (1); |
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(B) that is not a purchase order, an interagency |
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contract, or a contract paid only with funds not appropriated by the |
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General Appropriations Act; and |
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(C) with a value that exceeds $50,000 [total
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value of the contract after all potential term extensions]. |
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(b) Each state agency shall provide the Legislative Budget |
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Board [commission] copies of the following documents: |
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(1) each major contract entered into by the agency; |
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and |
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(2) each request for proposal, invitation to bid, or |
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comparable solicitation related to the major contract. |
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(c) The Legislative Budget Board [commission] shall post on |
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the Internet [include in the information posted on the electronic
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procurement marketplace]: |
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(1) each major contract of a state agency[, including
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the commission]; and |
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(2) each request for proposal, invitation to bid, or |
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comparable solicitation related to the major contract. |
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(d) [The commission shall allow Texas governmental
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entities, including legislative entities, access to the
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information posted under this section.
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[(e)] The Legislative Budget Board [commission] shall allow |
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public access to the information posted under this section, except |
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for information that is not subject to disclosure under Chapter |
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552. Information that is not subject to disclosure under Chapter |
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552 must be referenced in an appendix that generally describes the |
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information without disclosing the specific content of the |
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information. |
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(e) [(f)] The Legislative Budget Board [commission] shall |
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make the information searchable by contract value, state agency, |
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and vendor. The Legislative Budget Board [commission] may make the |
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information searchable by other subjects as appropriate. |
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(f) In this section, "state agency" has the meaning assigned |
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by Section 2054.003, except that the term does not include a |
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university system or institution of higher education, the Health |
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and Human Services Commission, an agency identified in Section |
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531.001(4), or the Texas Department of Transportation. |
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SECTION 6. Subchapter A, Chapter 313, Tax Code, is amended |
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by adding Section 313.008 to read as follows: |
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Sec. 313.008. REPORT ON COMPLIANCE WITH AGREEMENTS. (a) |
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Before the beginning of each regular session of the legislature, |
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the comptroller shall submit to the lieutenant governor, the |
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speaker of the house of representatives, and each member of the |
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legislature a report assessing the progress of each agreement |
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entered into under this chapter. The report must be based on data |
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certified to the comptroller by each recipient of a limitation on |
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appraised value under this chapter and state for each agreement: |
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(1) the number of qualifying jobs each recipient of a |
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limitation on appraised value committed to create; |
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(2) the number of qualifying jobs each recipient |
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created; |
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(3) the median wage of the new jobs each recipient |
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created; |
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(4) the amount of the qualified investment each |
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recipient committed to expend or allocate per project; |
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(5) the amount of the qualified investment each |
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recipient expended or allocated per project; |
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(6) the market value of the qualified property of each |
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recipient as determined by the applicable chief appraiser; |
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(7) the limitation on appraised value for the |
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qualified property of each recipient; |
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(8) the dollar amount of the taxes that would have been |
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imposed on the market value of the qualified property if the |
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property had not received a limitation on appraised value; |
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(9) the dollar amount of the taxes imposed on the |
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qualified property; |
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(10) the number of new jobs created by each recipient |
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in each sector of the North American Industry Classification |
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System; and |
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(11) of the number of new jobs each recipient created, |
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the number of jobs created that provide health benefits for |
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employees. |
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(b) The report may not include information that is made |
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confidential by law. |
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(c) The comptroller may require a recipient to submit, on a |
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form the comptroller provides, information required to complete the |
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report. |
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SECTION 7. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.953 to read as follows: |
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Sec. 51.953. CERTAIN REVENUE RECEIVED FROM STUDENT HEALTH |
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CENTER SERVICES. (a) In this section: |
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(1) "Health benefit plan" means any health benefit |
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plan regulated under the Insurance Code, including: |
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(A) an individual or group health insurance |
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policy; or |
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(B) an evidence of coverage issued by a health |
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maintenance organization. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(b) Amounts received by an institution of higher education |
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from a health benefit plan issuer as a result of a claim filed with |
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the issuer by or on behalf of the institution's student health |
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center are institutional funds under Section 51.009 and may be used |
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only for the construction, improvement, operation, or maintenance |
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of the student health center or to increase or enhance the services |
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offered by the student health center. It is the intent of the |
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legislature that those amounts be in addition to other amounts of |
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money allocated to the student health center and those other |
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amounts not be reduced. |
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SECTION 8. Sections 403.024 and 2054.126(f), Government |
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Code, as added by this Act, apply only to expenditures made on or |
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after the effective date of this Act. |
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SECTION 9. With respect to Section 322.020(c), Government |
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Code, as amended by this Act, the change in law made by this Act |
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applies only in relation to a major contract: |
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(1) entered into on or after the effective date of this |
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Act, for purposes of complying with Section 322.020(c)(1), |
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Government Code; and |
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(2) for which a request for proposal, invitation to |
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bid, or comparable solicitation is made on or after the effective |
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date of this Act, for purposes of complying with Section |
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322.020(c)(2), Government Code. |
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SECTION 10. Section 2006.002, Government Code, as amended |
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by this Act, applies only to a rule that is adopted on or after |
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January 1, 2008. A rule adopted before that date is governed by the |
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law in effect when the rule was adopted, and the former law is |
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continued in effect for that purpose. |
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SECTION 11. Not later than October 1, 2007, the comptroller |
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shall establish the database as required by Section 403.024, |
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Government Code, as added by this Act. |
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SECTION 12. This Act takes effect October 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3430 was passed by the House on April |
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30, 2007, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3430 on May 25, 2007, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3430 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |