HBA-NLM S.B. 178 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 178
By: Ratliff
Appropriations
4/16/1999
Engrossed



BACKGROUND AND PURPOSE 

The Texas Constitution prohibits any bill form containing more than one
subject.  The sole exception to this rule is the General Appropriations
Act, which must contain more than one subject because it aggregates all the
subjects on which the state spends money, with the limitation that the Act
must be strictly limited to the subjects and accounts of money.  S.B. 178
codifies certain state agency practices and duties currently prescribed by
the General Appropriations Act as general law to ensure their
constitutional validity. S.B. 178 also codifies certain state agency
practices and duties currently prescribed by the General Appropriations
Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the comptroller in SECTION 7 (Section
403.097, Government Code) and to the General Services Commission in SECTION
22 (Section 2161.002, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 101.027(a), Civil Practice and Remedies Code, to
authorize each governmental unit other than a unit of state government to
purchase certain insurance policies. Authorizes a unit of state government
to purchase such a policy only to the extent that the unit is authorized or
required to do so under other law. 

SECTION 2.  Amends Section 106.001, Civil Practice and Remedies Code, by
adding Subsection (c), to provide that this section, relating to
discrimination based on certain factors, does not prohibit the adoption of
a program designed to increase the participation of businesses owned and
controlled by women, minorities, or disadvantaged persons in public
contract awards. 

SECTION 3.  Amends Chapter 306, Government Code, by adding Section 306.007,
as follows: 

Sec. 306.007. MINUTES AND REPORTS ELECTRONICALLY AVAILABLE TO LEGISLATURE.
Requires certain governmental entities to make reports required by law and
minutes of meetings of the agency's governing body available to members of
the legislature and to agencies in the legislative branch of state
government in an electronic format determined by the Texas Legislative
Council. 

SECTION 4.  Amends Section 321.013(c), Government Code, to require the
state auditor to recommend, rather than determine, the audit plan for the
state for each fiscal year to the committee. Requires the state auditor to
also consider the extent to which a department has received a significant
increase in appropriations, including a significant increase in federal or
other money passed through to the department, and to review procurement
activities for compliance with Section 2161.123. 

SECTION 5.  Amends Section 321.014(c),  Government Code, to require the
state auditor to file a copy of each report prepared under this section
with each member, rather than the chairman, of the governing body and the
administrative head of each entity that is the subject of the report. 

SECTION 6.  Amends Section 325.011, Government Code, to include the extent
to which the agency has complied with applicable requirements of state law
and applicable rules of any state agency  regarding purchasing goals and
programs for historically underutilized businesses, among the criteria in
determining whether a public need exists for the continuation of a state
agency, its advisory committees, or the performance of the functions of
such entities.  Makes a nonsubstantive change. 

SECTION 7.  Amends Subchapter F, Chapter 403, Government Code, by adding
Section 403.097, as follows: 

Sec. 403.097.  FUNDS EXPENDED IN PROPORTION TO METHOD OF FINANCING. (a)
Authorizes the comptroller to prescribe rules to ensure that, when it is
necessary to preserve cash balances in the funds and accounts in the state
treasury, appropriations are drawn from the treasury in proportion to the
methods of financing specified in the Acts authorizing the appropriations. 

(b)  Authorizes the rules to include procedures relating to the deposit of
receipts and the issuance of warrants. 

(c)  Provides that this section does not affect other powers of the
comptroller under this subchapter, Subchapter H (Tax and Revenue
Anticipation Notes), Chapter 404, Government Code, or other law. 

(d)  Provides that this section does not apply if the method of financing
specified for an agency or an institution of higher education in the Act
authorizing appropriations includes interest earned or to be earned on
local funds of the agency or institution. 

SECTION 8.  Amends Section 403.245(b), Government Code, to require the
replenishment of a petty cash account to be drawn from the appropriation
from which the expenditure would otherwise have been made. 

SECTION 9.  Amends Section 771.008, Government Code, by adding Subsection
(d), as follows: 

(d)  Provides that this subsection, relating to reimbursement procedures
among cooperation state agencies, applies only if the services or resources
are provided under a written contract or agreement.  Requires the receiving
agency to reimburse the providing agency within 30 days after the date by
which the services or resources are provided and an invoice is received.
Requires the receiving agency,  if the receiving agency does not accept the
services or resources or finds an error in the invoice, to notify the
providing agency of the fact in writing as soon as possible within the
30-day period and make payment within 10 days after the date the agencies
agree the problems are corrected or the error resolved.  Requires the
comptroller, if the agencies cannot agree on the amount of the
reimbursement, to determine the appropriate amount.  Authorizes the
comptroller on request of the providing agency, if the receiving agency
does not, within the 30-day period, reimburse the providing agency or give
the providing agency written notice of a problem or error, to transfer from
amounts appropriated to the receiving agency the appropriate amount in
accordance with this section. 

SECTION 10.  Amends Section 811.001(7), Government Code, to redefine
"compensation" to exclude a cleaning or clothing allowance. 

SECTION 11. (a) Amends Subchapter B, Chapter 2001, Government Code, by
adding Section 2001.039, as follows: 

Sec. 2001.039.  AGENCY REVIEW OF EXISTING RULES.  (a)  Requires a state
agency to review and consider for readoption each of its rules in
accordance with this section. 

(b)  Requires a state agency to review a rule not later than the fourth
anniversary of the date on which the rule takes effect and every four years
after that date.  Provides that the adoption of an amendment to an existing
rule does not affect the dates on which the rule must be reviewed except
that the effective date of an amendment is considered to be the effective
date of the rule if the agency formally conducts a review of the rule in
accordance with this section as part of the process of adopting the
amendment. 
 
(c) Requires the state agency to readopt, readopt with amendments, or
repeal a rule as the result of reviewing the rule under this section. 

(d) Provides that the procedures of this subchapter relating to the
original adoption of a rule apply to the review of a rule and to the
resulting repeal, readoption, or readoption with amendments of the rule,
except as provided by this subsection.  Specifies that publishing the Texas
Administrative Code citation to a rule under review satisfies the
requirements of this subchapter relating to publishing the text of the rule
unless the agency readopts the rule with amendments as a result of the
review. 

(e)  Provides that a state agency's review of a rule must include an
assessment of whether the reasons for initially adopting the rule continue
to exist. 

SECTION 11. (a) Amends Chapter 2001B, Government Code, by adding Section
2001.039, as follows: 

Sec.  2001.039.  AGENCY REVIEW OF EXISTING RULES.  Requires a state agency
to review and consider for readoption each of its rules in accordance with
this section.  Requires a state agency to review a rule by a certain date.
Provides that the adoption of an amendment of an existing rule does not
affect the dates on which the rule must be reviewed except under certain
situations.  Requires the state agency to readopt, readopt with amendments,
or repeal a rule as the result of reviewing the rule under this section.
Provides that the procedures of this subchapter relating to the original
adoption of a rule apply to the review of a rule and to the resulting
repeal, readoption, or readoption with amendments, except as provided by
this subsection. Establishes that publishing the Texas Administrative Code
citation to a rule under review satisfies certain requirements of this
subchapter unless the agency readopts the rule with amendments as a result
of the review.  Requires a state agency's review of a rule to include an
assessment of whether the reasons for initially adopting the rule continue
to exist. 

(b) Provides that the duties prescribed by this subsection apply only to
state agency rules that are in effect on September 1, 1999, and have not
already been reviewed in accordance with Section 167, Article IX, Chapter
1452, Acts of the 75th Legislature, Regular Session (General Appropriations
Act).  Requires a state agency to review each of those rules in accordance
with Section 2001.039, Government Code, and in accordance with this
subsection not later than August 31, 2003.  Requires each state agency to
develop and send to the secretary of state a plan for reviewing its
existing rules by August 31, 2000 for publication in the Texas Register.
Requires the plan to state the date by which the agency will begin review
for each rule.   

 (c) Establishes the effective date of an existing rule initially reviewed
under Subsection (b).  

SECTION 12.  Amends Subchapter D, Chapter 2052, Government Code, by adding
Section 2052.304, as follows: 

Sec. 2052.304.  USE OF CERTAIN PRINTING STOCK. Prohibits a state officer or
board, court, commission, or other agency in the executive or judicial
branch of state government from publishing a report or other printed
materials on enamel-coated, cast-coated, or dull-coated printing stock
unless the agency imposes a fee for receipt of the printed materials.
Provides that this section does not apply to a publication that promotes
tourism or economic development. 

SECTION 13.  Amends Section 2054.003(6), Government Code, to redefine
"information resources" to include the procedures, equipment, and software
that are employed. 

SECTION 14.  Amends Subchapter F, Chapter 2054, Government Code, by adding
Sections  2054.121 and 2054.122, as follows: 

Sec. 2054.121.  COORDINATION AMONG INSTITUTIONS OF HIGHER EDUCATION.
Requires an institution of higher education to coordinate its use of
information technologies with other such institutions to more effectively
provide education, research, and community service. 

Sec. 2054.122.  COORDINATED TECHNOLOGY TRAINING.  Requires a state agency
each calendar quarter to coordinate agency training for the use of
information resources technologies with training offered or coordinated by
the department.  Requires the agency to use training offered or coordinated
by the department if it meets agency requirements and is cost-competitive. 

SECTION 15.  Amends Subchapter C, Chapter 2101, Government Code, by adding
Section 2101.0377, as follows: 

Sec. 2101.0377.  REPORTING ACCOUNTING IRREGULARITIES TO STATE AUDITOR.
Requires the comptroller to report the agency or institution to the state
auditor for appropriate action, including a comprehensive financial audit,
on determining that a state agency, as defined by Section
658.001(Definitions), or an institution of higher education, as defined by
Section 61.003 (Definitions), Education Code, has inaccurately reported the
expenditure of appropriated funds or engaged in recurring accounting
irregularities. 

SECTION 16.  Amends Subchapter B, Chapter 2155, Government Code, by adding
Section 2155.084, as follows: 

Sec. 2155.084.  PURCHASES FROM FEDERAL GOVERNMENT.  Authorizes the
commission or the governing body of an institution of higher education to
negotiate purchases of goods of any kind needed by a state agency or the
institution of higher education with the appropriate agency of the federal
government.  Authorizes the governing body of an institution of higher
education to act under this section either directly or through the
commission or another state agency.  Prohibits the price of goods that are
purchased from the federal government from exceeding the fair market value
of the goods.  Authorizes  the commission or the governing body of the
institution of higher education to waive the requirement of a bidder's bond
and performance bond that otherwise would be required, in negotiating
purchases of goods from the federal government under this section or under
Subchapter G (Federal Surplus Property), Chapter 2175. 

SECTION 17.  Amends Section 2155.132(a), Government Code, to require the
General Services Commission (commission) to report its determination,
regarding whether a state agency followed commission rules or the laws
related to delegated purchasing, to the members of the state agency's
governing body, in addition to specified state leaders. 

SECTION 18.  Amends Section 2155.268, Government Code, as follows:

Sec. 2155.268. USE OF STATE AGENCY BIDDERS LIST. (a) Prohibits a state
agency from maintaining and using its own bidders list.  Provides that the
prohibition of this subsection does not apply to the Texas Department of
Transportation or to an institution of higher education as defined by
Section 61.003, Education Code, but an institution of higher education
should use the master bidders list when possible.  Deletes the language
relating to the commission's determination that the agency has special
needs. 

(b)  Redesignated from existing Subsection (c).  Deletes text from existing
Subsection (b) relating to the rulemaking authority of the commission to
prescribe the categories of purchases or other acquisitions.  

(c) Redesignated from existing Subsection (d).

SECTION 19.  Amends Subchapter H, Chapter 2155, Government Code, by adding
Section  2155.4441, as follows: 

Sec. 2155.4441.  PREFERENCE UNDER SERVICE CONTRACTS.  Requires a state
agency that contracts for services to require the contractor, in performing
the contract, to purchase products and materials produced in this state
when they are available at a price and time comparable to products and
materials produced outside this state. 

SECTION 20.  Amends Subchapter A, Chapter 2158, Government Code, by adding
Section 2158.0031, as follows: 

Sec. 2158.0031.  PURCHASE PREFERENCE FOR AMERICAN VEHICLES.  Requires a
state agency authorized to purchase passenger vehicles or other ground
transportation vehicles for general use to purchase economical,
fuel-efficient vehicles assembled in the United States unless such a
purchase would have a significant detrimental effect on the use to which
the vehicles will be put. 

SECTION 21.  Amends Section 2161.001(2), Government Code, to clarify in the
definition of "historically underutilized business" that such an entity has
its principal place of business in Texas. 

SECTION 22.  Amends Section 2161.002, Government Code, by adding Subsection
(c),  as follows: 

(c) Requires the General Services Commission (commission), in adopting
rules to administer this chapter, to adopt rules that are based on the
results of the disparity study prepared by the comptroller under Section
65(c), Chapter 684, Acts of the 73rd Legislature, Regular Session, 1993.
Requires the commission, if other similar disparity studies are prepared on
behalf of state government,  to revise the rules in response to the
findings of the latest disparity study. Requires all state agencies and
institutions of higher education to adopt the commission rules.  Requires
each state agency and institution of higher education to make a good faith
effort to increase purchases and contract awards to historically
underutilized businesses based on the rules adopted by the commission. 

SECTION 23.  Amends Section 2161.122, Government Code, by adding a new
Subsection (c) and redesignating Subsections (c) and (d) as Subsections (d)
and (e), as follows: 

(c)  Requires state agencies to report to the commission in accordance with
Section 2161.125 (Categorization by Sex, Race, and Ethnicity) certain
information on historically underutilized businesses with regard to the
expenditure of both treasury and nontreasury funds. 

(d)-(e) Redesignated from existing Subsections (c) and (d).

SECTION 24.  Amends Section 2161.123, Government Code, by adding
Subsections (d), (e), (f), and (g), as follows: 

(d)  Requires the state auditor to report to the commission a state agency
that is not complying with this section or is not making a good faith
effort to implement the plan adopted under this section.  Requires the
state auditor, in  determining whether a state agency is making a good
faith effort to implement the plan, to consider at a minimum whether the
agency has performed certain procedures. 
  
(e)   Provides that the state auditor, in conducting an audit of an
agency's compliance with this section or an agency's making of a good faith
effort to implement the plan adopted under this section shall not consider
the success or failure of the agency to contract with historically
underutilized businesses in any specific quantity. Requires the state
auditor's review to be restricted to the agency's procedural compliance
with Subsection (d). 

(f) Requires the commission, if the state auditor reports to the commission
that a state agency is not complying with this section or is not making a
good faith effort to implement the plan adopted under this section, to
assist the agency in complying with or in making a good faith effort to
implement the plan. 
 
(g)   Authorizes the commission to revoke the purchasing authority of the
agency,  if the state auditor reports to the commission under Subsection
(d) that a state agency is not complying with this section or is not making
a good faith effort to implement the plan adopted under this section and
the commission determines that one year after the date of the state
auditor's report to the commission the agency is still either not complying
with this section or not making a good faith effort to implement the plan
adopted under this section. Authorizes the comptroller to consider that
fact in the event the commission needs a transfer of the agency's
appropriated funds to cover the costs to the commission of assuming the
agency's purchasing functions, if the commission revokes an agency's
delegated purchasing authority under this section.  Requires the amount
transferred from the agency's funds to the commission to be an amount
determined by the Legislative Budget Board. 

SECTION 25.  Amends Section 2165.104(c), Government Code, to prohibit the
commission from allocating usable office space, as defined by the
commission, to a state agency under Article I, II, V, VI, VII, or VIII of
the General Appropriations Act or to other agencies named by this
subsection. Requires the agency to allocate the space to achieve the
required ratio, to the extent that any of those agencies allocates its own
useable office space, as defined by the commission. 

SECTION 26.  Amends Subchapter A, Chapter 2170, Government Code, by adding
Sections 2170.009 and 2170.010, as follows: 

Sec. 2170.009.  PAY TELEPHONES AUTHORIZED.  Authorizes a pay telephone to
be located in the Capitol Complex only with the approval of the commission.
Requires the commission to collect the revenue from the installation and
operation of the pay telephone and deposit it to the credit of the general
revenue fund. Authorizes a pay telephone, in a state-owned or state-leased
building or on state-owned land to which Subsection (a) does not apply, to
be installed only with the approval of the governing body of the state
entity that has charge and control of the building or land.  Requires the
entity to collect the revenue from the installation and operation of the
pay telephone and deposit it to the credit of the general revenue fund
unless the disposition of the revenue is governed by other law.  Requires
the commission or other state entity to account for the revenue collected
under this section in the entity's annual report. 

Sec. 2170.010.  UNLISTED TELEPHONE NUMBERS PROHIBITED.  Provides that a
state agency and its officers and employees may not buy, rent, or pay toll
charges for a telephone for which the telephone number is not listed or
available from directory assistance to the general public unless the
unlisted telephone number is used: 

_to provide access to computers, telephone system control centers,
long-distance networks, elevator control systems, and other tone-controlled
devices for which restricted access to the telephone number is justified
for security or other purposes; 

_in narcotics undercover operations; or

_in the detection of illegal sales of securities.


SECTION 27. Amends Section 2170.051, Government Code, as follows:

Sec. 2170.051.  New title:  MANAGEMENT AND USE OF SYSTEM. 

(c)  Requires a state agency to use the consolidated telecommunications
system to the fullest extent possible. Prohibits a state agency from
acquiring telecommunications services unless the telecommunications
planning group determines that the agency's requirement for
telecommunications services cannot be met at a comparable cost by the
consolidated telecommunications system. 

(d)  Prohibits a state agency from entering into or renewing a contract
with a carrier or other provider of telecommunications services without
obtaining a waiver from the  telecommunications planning group certifying
that the requested telecommunications services cannot be provided at a
comparable cost on the consolidated telecommunications system.  Requires
the telecommunications planning group to evaluate requests for waivers
based on cost-effectiveness to the state government as a whole.  Authorizes
a waiver to be granted only for a specific period and provides that it will
automatically expire on the stated expiration date unless an extension is
approved by the telecommunications planning group.  Prohibits a contract
for telecommunications services obtained under waiver from extending beyond
the expiration date of the waiver.  Requires the telecommunications
planning group, if the telecommunications planning group becomes aware of
any state agency receiving telecommunications services without a waiver, to
notify the agency and the comptroller.  Requires the state agency to have
60 days after notification by the telecommunications planning group in
which to submit a waiver request to the telecommunications planning group
documenting the agency's reasoning for bypassing the consolidated
telecommunications system and otherwise providing all information required
by the waiver application form. 

SECTION 28.  Amends Section 2170.057(b), Government Code, to require
receipts attributable to the centralized capitol complex telephone system
to be deposited into the revolving account for the administration of this
chapter but separately identified within the account. 

SECTION 29.  Amends Section 2201.002, Government Code, by adding Subsection
(c), to prohibit the Texas Capital Trust Fund from being used to pay
salaries. 

SECTION 30.  Amends Chapter 2203, Government Code, by adding Sections
2203.004 and 2203.005, as follows: 

Sec. 2203.004.  REQUIREMENT TO USE STATE PROPERTY FOR STATE PURPOSES.
Authorizes state property to be used only for state purposes. Prohibits a
person from entrusting state property to a state officer or employee or to
any other person if the property is not to be used for state purposes. 

Sec. 2203.005.  VENDING MACHINES AUTHORIZED.  (a)  Authorizes a vending
machine, in a state-owned or state-leased building or on state-owned or
state-leased property that is not served by a vendor operating under the
supervision of the Texas Commission for the Blind, to be located in the
building or on the property only with the approval of the governing body of
the state agency that has charge and control of the building or property.
Provides the approval must be recorded in the minutes of a meeting of the
governing body. 

(b)  Requires the state agency to file with the commission a copy of all
contracts between the state agency and the vendor related to the vending
machine and a written description of the location of the vending machine. 

(c)  Requires all rentals, commissions, or other net revenue the state
agency receives in connection with the vending machine to be accounted for
as state money and deposited to the credit of the general revenue fund
unless the disposition of the revenue is governed by other law. Requires
the state agency to account for the revenue received under this section in
the agency's annual report. 

(d) Authorizes a vending machine, in a state-owned or state-leased building
or on state-owned or state-leased property that is served by a vendor
operating under the supervision of the Texas Commission for the Blind, to
be located and operated in the building or on the property only under a
joint contract with the owners of the vending machine and the vendor
operating under the supervision of the Texas Commission for the Blind. 

SECTION 31.  Amends Subchapter A, Chapter 2204, Government Code, by adding
Sections 2204.002 and 2204.003, as follows: 

Sec. 2204.002.  RESTRICTION ON ACQUISITION OF REAL PROPERTY.  Prohibits a
state agency, as defined by Section 658.001, from accepting a gift or
devising of real property or spending appropriated money to purchase real
property without statutory authority or other legislative authorization. 

Sec. 2204.003.  GIFTS OF REAL PROPERTY TO INSTITUTIONS OF HIGHER EDUCATION.
Authorizes an institution of higher education, as defined by Section
61.003, Education Code, to accept a gift or devise of real property from a
private entity to establish scholarships or professorships or to be held in
trust for other educational purposes only if done consistently with rules
and regulations adopted by the Texas Higher Education Coordinating Board
pursuant to its power to adopt such rules and regulations under Chapter 61,
Education Code. 

SECTION 32.  Amends Section 2251.030, Government Code, as follows:

Sec. 2251.030.  New title:  PROMPT OR EARLY PAYMENT DISCOUNT.   Requires an
agency to when possible negotiate a prompt payment discount with a vendor.
Requires a state agency, when paying  for goods and services purchased
under an agreement that includes a prompt or early payment discount, to
submit the necessary payment documents or information to the comptroller
sufficiently in advance of the prompt or early payment deadline to allow
the comptroller or the agency to pay the vendor in time to obtain the
discount. 

SECTION 33.  Amends Section 2252.901, Government Code, as follows:

Sec. 2252.901.  New title:  CONTRACTS WITH FORMER OR RETIRED AGENCY
EMPLOYEES.  (a)  Prohibits a state agency from entering into an employment
contract, a professional services contract under Chapter 2254 (Professional
and Consulting Services), or a consulting services contract under Chapter
2254 with a former or retired employee of the agency before the first
anniversary of the last date on which the individual was employed by the
agency, if appropriated money will be used to make payments under the
contract. Provides that this section does not prohibit an agency from
entering into a professional services contract with a corporation, firm, or
other business entity that employs a former or retired employee of the
agency within one year of the employee's leaving the agency, provided that
the former or retired employee does not perform services on projects for
the corporation, firm, or other business entity that the employee worked on
while employed by the agency. 

(b)  Prohibits a state agency from making payments under the contract
described by this section from any source of revenue at a specified
annualized rate.  Makes a nonsubstantive change. 

(c)  Redesignated from existing Subsection (b) and makes conforming changes.

(d) Defines "employment contract."  Makes nonsubstantive changes.

SECTION 34.  Amends Subchapter A, Chapter 2254, Government Code, by adding
Section 2254.0031, as follows: 

Sec. 2254.0031.  INDEMNIFICATION.  Authorizes a state governmental entity
to require a contractor selected under this subchapter to indemnify or hold
harmless the state from claims and liabilities resulting from the negligent
acts or omissions of the contractor or persons employed by the contractor.
Prohibits a state governmental entity from requiring a contractor to
indemnify or hold harmless the state for claims or liabilities resulting
from the negligent acts or omissions of the state governmental entity or
its employees. 

SECTION 35.  Amends Subchapter B, Chapter 205, Labor Code, by adding
Section 205.019, as follows: 

Sec. 205.019.  REIMBURSEMENT FROM NON-TREASURY FUNDS.  (a)  Requires a
branch, department, or other instrumentality of this state that reimburses
the commission with funds that are held outside the state treasury to
reimburse the commission by writing a check to the commission for deposit
into the appropriate unemployment compensation account.  Requires a
deposit under this section to be made not later than the 30th day after the
date the instrumentality receives the commission's statement of amounts
due. 

(b)  Requires the commission to send a copy of each statement of amounts
due from a branch, department, or other instrumentality of this state that
reimburses the commission with funds that are held outside the state
treasury to the comptroller and the state auditor. 

(c)  Authorizes a branch, department, or other instrumentality affected by
this section to allocate appropriate funds to a revolving account on its
books to receive contributions from funds other than general revenue funds,
based on an assessment it determines to be appropriate for the purpose of
reimbursing the appropriate unemployment compensation account for benefits
paid. 

(d)  Requires the state auditor to review affected entities for compliance
with this section. 

SECTION 36.  Amends the chapter heading to Chapter 506, Labor Code, as
follows: 

CHAPTER 506. New title: MISCELLANEOUS PROVISIONS 
APPLICABLE TO GOVERNMENT EMPLOYEES

SECTION 37.  Amends Chapter 506, Labor Code, by adding Section 506.002, as
follows: 

Sec. 506.002.  REIMBURSEMENT FROM NON-TREASURY FUNDS.  (a) Requires an
agency or other instrumentality of state government that, with funds that
are held outside the state treasury, reimburses the general revenue fund
for workers' compensation payments made out of the general revenue fund to
former or current employees of the agency or other instrumentality to
reimburse the general revenue fund by writing a check to the comptroller
for certain purposes. 
  
(b)  Requires the workers' compensation division of the office of the
attorney general to send to the comptroller and the state auditor a copy of
each statement of amounts due from an agency or other instrumentality of
state government that, with funds that are held outside the state treasury,
reimburses the general revenue fund for workers' compensation payments made
out of the general revenue fund. 

(c)  Authorizes an agency or other instrumentality of state government
affected by this section to allocate appropriate funds to a revolving
account on its books to receive contributions from funds other than general
revenue funds, based on an assessment it determines to be appropriate for
the purpose of reimbursing the general revenue fund for the workers'
compensation payments made to its current or former employees. 

(d)  Requires the state auditor to review affected entities for compliance
with this section. 

SECTION 38.  Amends Subchapter D, Chapter 11, Natural Resources Code, by
adding Section 11.0791, as follows: 

Sec. 11.0791.  OTHER PROVISIONS REGARDING ACCESS TO STATE LANDS.   Requires
a state governmental entity, when the entity sells state land, to require
that the state have the right of ingress and egress to remaining state land
in the immediate area by an easement to a public thoroughfare. 

SECTION 39.  Amends Subchapter D, Chapter 11, Natural Resources Code, by
adding Section 11.083, as follows: 
 
Sec. 11.083. RETENTION OF MINERAL RIGHTS.  Requires the state to retain the
mineral rights to state land that is sold unless it is impractical to do
so. 

SECTION 40.  Amends Section 31.401, Natural Resources Code, as follows:

Sec. 31.401.  NATURAL GAS ACQUISITION CONTRACTS.  Requires the land office
to review and approve the specified contract for the acquisition of an
annual average of 100 MCF per day or more of natural gas used to meet its,
rather in the production of, energy requirements.  Requires the
commissioner of the general land office to inform the comptroller each
month of the amount of savings attributable to the substitution, if the
land office is able to substitute a contract using in-kind royalty gas from
state-owned lands or using other gas for a contract under which a state
agency acquires or proposes to acquire its natural gas supplies. 

SECTION 41.  Repealer:  Section 403.273(d), Government Code. Subsection (d)
states that state property may be used only for state purposes. 

SECTION 42.  Provides that, Section 2165.104(c), Government Code, as
amended by this Act, does not apply to the Texas Higher Education
Coordinating Board or the State Board for Educator Certification until the
expiration of all leases under which the board occupies office space on the
effective date of this Act. 

SECTION 43.  Provides that this Act does not affect the authority of an
institution of higher education to collect, account for, and control local
funds and institutional funds in the manner authorized by Subchapter A
(Higher Education in General), Chapter 51, Education Code. 

SECTION 44.  Sets forth, for information purposes only, a derivation table
for the provisions of the General Appropriations Act that are codified in
general law by other sections of this Act. 

SECTION 45.  Effective date:  September 1, 1999.

SECTION 46.  Emergency clause.