HBA-ALS H.B. 930 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 930
By: Junell
State Affairs
2/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a regional planning commission, also known as a council of
government (COG), is required to file with the governor's office an
independent financial audit, and each agency granting money to a COG is
responsible for reviewing the audit for allowable expenses when funding a
program.  However, no one agency or entity is responsible for reviewing the
entire budget for overall expenditures, efficiency, or performance.  To
date, Texas has not adopted any allowable indirect expenses and these
expenses are not audited by independent auditors.  Under the Appropriations
Act adopted by the 75th Legislature, COGs were made subject to state
government agency rules regarding the prohibition of state expenditures on
alcoholic beverages, political aid, and legislative influence; budgeting
and reporting; travel expenditures; annual reports and inventories; and
internal audit findings.  The purpose of this bill is to apply
administrative guidelines to COGs and to designate the governor's office as
the monitoring authority for all COGs.  

H.B. 930 requires the governor to adopt rules relating to a commission's
operations, receipt and expenditure of funds, annual reporting
requirements, standards for evaluating productivity and performance, and
review and comment procedure guidelines. This bill requires a commission to
annually report to the governor specified information relating to the
commission's funds, expenses, indirect costs,  productivity, and
performance, and authorizes the governor to appoint a receiver for failure
to comply with those reporting requirements.  This bill places restrictions
on a commission's expenditure of funds relating to travel, purchase of
alcoholic beverages, goods, and services, and indirect costs.  This bill
makes a commission's employees and officers subject to the same rules
regarding lobbying and advocacy activities as an officer or employee of a
state agency.  H.B. 930 requires a commission to adopt and submit to the
governor for approval, a yearly salary schedule containing specified
information before its implementation of that schedule. 


RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Governor of the State of Texas in
SECTION 1 (Section 391.009, Local Government Code) and SECTION 6 of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 391.009, Local Government Code, as follows:

Sec.  391.009.  ROLE OF GOVERNOR AND STATE AGENCIES.  (a) Requires the
governor, in order to protect the public interest or promote efficient use
of public funds, to adopt: 

(1)  rules relating to the operation and oversight of a commission;
(2) rules relating to the receipt or expenditure of funds by a commission
including specified restrictions on the expenditure of commission funds for
certain classes of expenses; 
(3)  annual reporting requirements for a commission;
(4)  annual audit requirements of all funds received or expended by a
commission; 
(5)   rules relating to the establishment and use of standards for
evaluating the productivity  and performance of each commission; and 
(6)  guidelines that are required to be followed by commissions and
governmental units in carrying out the provisions of this chapter relating
to review and comment procedures. 
Makes nonsubstantive changes.

(b)  Requires the governor and state agencies to provide technical
information and assistance to the members and staff of a commission to
ensure compliance with the rules, requirements, and guidelines adopted
under Subsection (a). 

(c)  Requires the governor to appoint one member to each commission.

SECTION 2.  Amends Chapter 391, Local Government Code, by adding Section
391.0095, as follows: 

Sec.  391.0095.  AUDIT AND REPORTING REQUIREMENTS.  (a) Requires the audit
and reporting requirements under Section 391.009(a) to include a
requirement that a commission annually report to the governor: 

(1) the amount and source of funds the commission receives;
(2) the amount and source of funds the commission expends;
(3) an explanation of the commission's method of computing its expenses and
indirect costs; 
(4) the commission's productivity and performance during the annual
reporting period; 
(5) a projection of the commission's productivity and performance during
the next annual reporting period; 
(6) the results of the commission's affairs compiled in an audit prepared
by an independent certified public accountant; and 
(7) any assets disposed of by the commission.

(b) Requires a commission to submit any other report or audit that is
required by the governor. 

(c) Authorizes the governor to appoint a receiver to operate or oversee a
commission or withhold any commission funds if the commission fails to
submit a required report or audit or comply with a rule, requirement, or
guideline under Section 391.009. 

(d) Requires a commission to send a copy of a required report or audit to
the state auditor, comptroller, and the Legislative Budget Board.  Requires
the governor to report to the state auditor for review any expenditure or
action of a commission that is questioned by the governor about its
appropriateness. 

SECTION 3.  Amends Section 391.011(d), Local Government Code, to delete
language that authorizes expending funds for the reimbursement of travel
expenses and automobile mileage that are incurred while a member of the
governing body of the commission is engaged in official commission
business. 

SECTION 4.  Amends Chapter 391, Local Government Code, by adding Sections
391.0115 to 391.0117, as follows: 

Sec.  391.0115.  RESTRICTIONS ON COMMISSION COSTS.  (a) Defines "indirect
costs." 

(b) Prohibits a commission from expending funds for commission personnel
travel in excess of the amount that may be expended for state personnel
pursuant to the general appropriations act or travel regulations adopted by
the comptroller, including restrictions on mileage reimbursement, per diem,
and lodging reimbursement rates. 

(c) Prohibits a commission from expending funds for the purchase of
alcoholic beverages or entertainment. 
 
(d) Authorizes a commission to purchase goods or a service if the
commission complies with provisions that apply to the purchase of goods or
services by a state agency, including Chapters 2155 (Purchasing: General
Rules and Procedures), 2156 (Purchasing Methods), 2157 (Purchasing:
Purchase of Automated Information Systems), and 2158 (Purchasing:
Miscellaneous Provisions for Purchase of Certain Goods and Services),
Government Code.  

(e) Prohibits a commission from spending on indirect costs an amount that
is more than the lesser of 20 percent of the commissions's direct personnel
costs or 10 percent of the commission's total direct costs. 

Sec. 391.0116.  RESTRICTIONS ON EMPLOYMENT. Provides that an officer or
employee of a commission is subject to the same rules regarding lobbying
and advocacy activities, as an officer or employee of any state agency.
Provides that the nepotism provisions under Chapter 573, Government Code
(Degrees of Relationship; Nepotism Prohibitions), apply to a commission. 

Sec. 391.0117.  SALARY SCHEDULES.  (a) Requires a commission to adopt a
salary schedule, for each fiscal year, that contains a classification
salary schedule for classified positions and identifies and specifies the
salaries for positions exempt from the classification salary schedule. 

(b) Provides that the salary schedule for classified positions adopted by
the commission, must be identical to the state salary schedule for
classified positions as prescribed by the general appropriations act
adopted by the most recent legislature. 

(c) Prohibits a salary of a classified position from exceeding the salary
approved by the state auditor's office and paid by the state for comparable
work. 

(d) Provides that a position may only be exempted from the classification
salary schedule adopted by the commission if the exemption and amount of
salary paid is within the appropriate range for exempt positions, as
determined by the state auditor. 

(e) Requires the commission to submit the commission's salary schedule to
the governor for approval, no later than the 45th day before the beginning
of the commission's fiscal year.  Prohibits a commission from implementing
a salary schedule without the governor's approval. 

SECTION 5.   Effective date: September 1, 1999.

SECTION 6.  Requires the governor to adopt rules, requirements, and
guidelines required by Sections 391.009 and 391.0095, Local Government
Code, as amended or added by this Act, by January 1, 2000.  Requires an
entity which is required to file an audit or a report under Sections
391.009 or 391.0095, Local Government Code, as amended or added by this
Act, to file the initial audit or report by September 1, 2000. 

SECTION 7.  Emergency clause.