HBA-NLM, JRA C.S.S.B. 175 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 175 By: Ratliff Appropriations 4/28/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, legislative riders exist in the General Appropriations Act that pertain to multiple subjects. This is in contradiction to Article III, Section 35 of the Texas Constitution, which states that "No bill (except general appropriations bills, which may embrace the various subjects and accounts, for and on account of which moneys are appropriated) shall contain more than one subject." The General Appropriations Act itself must contain more than one subject because it aggregates all subjects on which the state spends money. However, the General Appropriations Act must be limited to the subjects and accounts of money. Nevertheless, riders are introduced in the General Appropriations Act that violate the one-subject rule by attempting to amend general law, contrary to the purpose of a budget rider to do no more than "detail, limit, or restrict the use of the funds or otherwise insure that the money is spent for the required activity for which it is therein appropriated." Op. Tex. Att'y Gen. No. V-1254 at 17 (1951). C.S.S.B. 175 codifies certain riders from the travel section of the General Appropriations Act that authorize or prohibit expenditures by public entities of Article IX into general law. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the comptroller of public accounts in SECTION 7 (Section 660.141, Government Code) and to the State Aircraft Pooling Board in SECTION 14 (Section 2205.038, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 660.003, Government Code, by amending Subsection (e) and adding Subsection (g), as follows: (e) Adds the requirement that the travel be outside the state and approved in advance in accordance with the policy of the state agency that proposes to pay or reimburse the expense to the requirements of travel expenses for which a state agency is authorized to pay or reimburse. Makes a conforming change. (g) Authorizes a state agency to pay or reimburse a travel expense for the rental, lease, or operation of aircraft only if the transportation under the rental, lease, or operation meets the criteria provided by Section 2205.036. SECTION 2. Amends Subchapter A, Chapter 660, Government Code, by adding Section 660.005, as follows: 660.005. MAXIMUM TRAVEL EXPENSES. Prohibits the maximum amount a state agency spends for travel expenses during a fiscal year from exceeding any limitation on total agency travel expenses provided by the General Appropriations Act. SECTION 3. Amends Subchapter B, Chapter 660, Government Code, by adding Section 660.030, as follows: Sec. 660.030. EXAMINATION OF VOUCHERS AND EXPENSE REIMBURSEMENT FORMS. (a) Defines "travel expense." (b) Requires the comptroller and the state auditor periodically to examine travel expense reimbursement by a state agency to determine compliance with Section 660.003(e) and whether the travel expenses were incurred in the conduct of official state business, whether the activities conducted were necessary to perform the state business, whether the travel was necessary to perform the state business conducted, and whether the number of individuals traveling was necessary to perform the state business. (c) Requires the comptroller and state auditor to develop procedures for examining travel vouchers and other expenses. Requires the comptroller to refer unsatisfactory reimbursements to the state auditor for review. (d) Provides that this section does not apply to Subchapter H travel expenses. Provides that this provision does not exempt Subchapter H from an audit required by Section 660.028 (Audits). SECTION 4. Amends Section 660.041, Government Code, by adding Subsection (c), as follows: (c) Prohibits a state employee from being reimbursed for travel between the employee's residence and place of employment in a personally owned or leased vehicle, unless the travel was under extraordinary circumstance or incurred outside of the employee's work hours. SECTION 5. Amends Sections 660.071, 660.074, and 660.075, Government Code, to permit a member of the legislature to be reimbursed for use of an aircraft owned by the official or another official or member or leased from a proprietorship, partnership, or corporation in which the official or member has an interest. Makes conforming changes. SECTION 6. Amends Subchapter E, Chapter 660, Government Code, by adding Section 660.094, as follows: Sec. 660.094. LIMOUSINE TRANSPORTATION. Authorizes a state agency to pay for or reimburse a state employee for a limousine only if it is the least costly transportation available considering all relevant circumstances. SECTION 7. Amends Section 660.141, Government Code, as follows: Sec. 660.141. New title: REIMBURSEMENT IN CERTAIN CIRCUMSTANCES INVOLVING LOWER AIRFARES. Requires the comptroller to authorize, by rule, a state employee to claim extra travel time if the airfare cost the state less than what the state would have paid given similar circumstances, if the result is a cost saving to the state, and if the employee's additional absence is not detrimental. Deletes entire existing text of this section, regarding travel reimbursements by certain individuals, including a judicial officer, an agency executive officer, the director of the Legislative Council, the governor's spouse, and a member of a board. SECTION 8. Amends Subchapter G, Chapter 660, Government Code, by adding Section 660.147, as follows: Sec. 660.147. TRAINING SEMINARS. Requires each agency to employ interactive video conference technologies and telephone conferences to the greatest extent possible. Prohibits a state agency from paying or reimbursing an employee for travel expenses for training purposes unless the agency administrator certifies that interactive video conference technologies are unavailable on the voucher or reimbursement form. SECTION 9. Amends Chapter 660, Government Code, by adding Subchapter H, as follows: SUBCHAPTER H. TRAVEL BY CERTAIN PERSONS Sec. 660.201. APPLICABILITY. Makes this subchapter applicable to the extent that it is inconsistent with or supplementary to a provision in another part of this chapter. Provides that Sections 660.003(e)(4) and (g) do not apply to members and employees of the legislature. Sec. 660.202. MEMBERS OF THE LEGISLATURE. Entitles members of the legislature to reimbursements for meals, lodging, and incidental expenses incurred while traveling on legislative business or the business of a board, council, committee, or commission on which a member sits. Provides that the rate of reimbursement is determined by resolution of each house as either a maximum per diem rate or the actual amount of the expenses incurred. Entitles a member of the legislature, during the legislative session, to receive reimbursements for the use of the member's personally owned or leased vehicle or aircraft at the established rates, including to or from the city of Austin. Sec. 660.203. TRAVEL BY CERTAIN OFFICERS AND EMPLOYEES. Entitles a judicial officer, an agency executive officer, the Texas Legislative Council (TLC) director, the secretary of the senate, the governor's spouse, and a non-elected board member, to receive meal and lodging reimbursements. Entitles the governor's spouse performing duties at the direction of the governor to be reimbursed for travel expenses. Provides that a non-elected board member is not a chief administrative officer for purposes of this section. Sec. 660.204. TRAVEL BY LEGISLATIVE EMPLOYEES. Authorizes a legislative branch employee to receive a travel reimbursement at the rate determined by the employee's legislative house or agency. Sec. 660.205. REPRESENTATION OF STATE. Authorizes a state employee designated by the governor to represent the state outside of the state to receive a travel reimbursement. Reimburses such a state employee's travel expenses from the appropriations of the state agency by which the designee is employed. Sec. 660.206. REPRESENTATION OF CERTAIN OFFICERS AND EMPLOYEES. Entitles a state employee designated by a member of the legislature, a judicial officer, a chief administrator of a state agency, the executive director of the TLC, the secretary of the senate, or a board member to represent the designated party at a particular meeting to receive travel reimbursements. Authorizes such officials to authorize an employee traveling with the official to a conference or meeting to receive travel reimbursements. Sec. 660.207. AIRCRAFT PILOTS. Authorizes an aircraft pilot who conveys state officers or employees on official business to receive travel expenses in accordance with Section 660.206(b). Provides that the pilot is not subject to Section 660.113(b). Sec. 660.208. ADVANCE APPROVAL REQUIRED. Prohibits a person from collecting a reimbursement without prior written approval of the approximate expense by the state agency's chief administrator. SECTION 10. Amends Section 2171.052, Government Code, to define "commercial lodging establishment." Requires the central travel office to negotiate with the commercial lodging establishment to obtain the most cost-effective rates possible for state employees traveling on state business. Makes conforming changes. SECTION 11. Amends Section 2205.031, Government Code, to require each state agency to use state-owned aircraft to the extent feasible. SECTION 12. Amends Section 2205.035, Government Code, by adding Subsections (e) and (f), as follows: (e) Prohibits a state agency from renting or leasing aircraft with money appropriated by the legislature, unless the money is from the State Aircraft Pooling Board (board) or permitted under Subsection (f). Provides that payments of mileage reimbursements provided by the General Appropriations Act are not rentals or leases of aircraft. (f) Requires the board to authorize a state agency to expend funds for the rental or lease of aircraft, including helicopters, in the event no state-owned aircraft are available or the rental or lease of aircraft would reduce the state's cost. SECTION 13. Amends Section 2205.036, Government Code, by adding Subsection (c), as follows: (c) Prohibits the board from providing aircraft transportation unless a commercial carrier does not serve the destination, a commercial carrier imposes time constraints, or the number of passengers traveling makes the use of a state-owned aircraft more cost-efficient. SECTION 14. Amends Section 2205.038, Government Code, by adding Subsection (d), as follows: (d) Requires the board to give priority in scheduling aircraft to a statewide elected officer. Authorizes the board to require, by rule, a 12-hour notice by an officer to obtain priority scheduling. SECTION 15. Amends Section 2205.040, Government Code, as follows: Sec. 2205.040. New title: RATES AND BILLING PROCEDURES. Requires the board to adopt rates for interagency aircraft services sufficient to recover all direct costs for the services provided, including a state agency's pro rata share of maintenance, overhauls of equipment and facilities, and pilots' salaries. Makes a conforming change. SECTION 16. Amends Section 2205.041, Government Code, to make a conforming change. SECTION 17. Amends Section 2205.045(a), Government Code, to require the board to purchase liability insurance to protect officers and employees of each state agency from loss arising from the operation of state-owned aircraft. SECTION 18. Repealer: Section 301.030 (Travel Expenses), Government Code. SECTION 19. Provides a derivation table, for information purposes only, for provisions of the General Appropriations Act that are codified in general law by other sections of this Act. The derivation table identifies the codified law and the source provision. SECTION 20. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 21. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 175 modifies the original by adding a new SECTION 2 (proposed Section 660.005, Government Code) to prohibit the maximum amount a state agency spends for travel expenses during a fiscal year from exceeding any limitation on total agency travel expenses provided by the General Appropriations Act. C.S.S.B. 175 redesignates SECTIONS 2-20 of the original to SECTIONS 3-21 in the substitute. C.S.S.B. 175 removes the proposed amendment to Section 2205.036(a) (in the original SECTION 12), which required the board to provide aircraft transportation to a state officer's spouse who is accompanying the officer on official business.