Bill Text: TX HB1680 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to self-directed and semi-independent status of the Texas Real Estate Commission; making an appropriation.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-03-15 - No action taken in committee [HB1680 Detail]
Download: Texas-2011-HB1680-Introduced.html
82R4725 NC-F | ||
By: Geren | H.B. No. 1680 |
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relating to self-directed and semi-independent status of the Texas | ||
Real Estate Commission; making an appropriation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 1101, Occupations Code, is amended by | ||
adding Subchapter B-1 to read as follows: | ||
SUBCHAPTER B-1. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF | ||
COMMISSION | ||
Sec. 1101.081. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS. | ||
Notwithstanding any other provision of law, the commission is | ||
self-directed and semi-independent as specified by this | ||
subchapter. Any Act of the 82nd Legislature that relates to the | ||
commission and that is inconsistent with the commission being | ||
self-directed and semi-independent may be implemented by the | ||
administrator of the commission only on authorization by the | ||
commission. | ||
Sec. 1101.082. BUDGET, REVENUES, AND EXPENSES. (a) | ||
Notwithstanding any other provision of law, including the General | ||
Appropriations Act, the commission shall adopt a budget annually | ||
using generally accepted accounting principles. | ||
(b) The commission shall be responsible for all direct and | ||
indirect costs of the commission's existence and operation. The | ||
commission may not directly or indirectly cause the general revenue | ||
fund to incur any cost. | ||
(c) Notwithstanding any other provision of this chapter, | ||
the commission may set the amounts of fees, penalties, charges, and | ||
revenues required or permitted by statute or rule as necessary for | ||
the purpose of carrying out the functions of the commission and | ||
funding the budget adopted and approved under Subsection (a). | ||
(d) All fees and funds collected by the commission and any | ||
funds appropriated to the commission shall be deposited in | ||
interest-bearing deposit accounts in the Texas Treasury | ||
Safekeeping Trust Company. The comptroller shall contract with the | ||
commission for the maintenance of the deposit accounts under terms | ||
comparable to a contract between a commercial banking institution | ||
and the institution's customers. | ||
(e) The fiscal year for the commission begins on September 1 | ||
and ends on August 31. | ||
Sec. 1101.083. AUDITS. This subchapter does not affect the | ||
duty of the state auditor to audit the commission. The state | ||
auditor shall enter into a contract and schedule with the | ||
commission to conduct audits. The commission shall reimburse the | ||
state auditor for all costs incurred in performing the audits and | ||
shall provide to the governor a copy of any audit performed. | ||
Sec. 1101.084. RECORDS; REPORTING REQUIREMENTS. (a) The | ||
commission shall keep financial and statistical information as | ||
necessary to disclose completely and accurately the financial | ||
condition and results of operations of the commission. | ||
(b) Before the beginning of each regular session of the | ||
legislature, the commission shall submit to the legislature and the | ||
governor a report describing all of the agency's activities in the | ||
previous biennium. The report must include: | ||
(1) an audit as required by Section 1101.083; | ||
(2) a financial report of the previous fiscal year, | ||
including reports on the financial condition and results of | ||
operations; | ||
(3) a description of all changes in fees imposed on | ||
regulated persons; | ||
(4) a report on changes in the regulatory jurisdiction | ||
of the commission; and | ||
(5) a list of all new rules adopted or repealed. | ||
(c) In addition to the reporting requirements of Subsection | ||
(b), not later than November 1 of each year, the commission shall | ||
submit to the governor, the committee of each house of the | ||
legislature that has jurisdiction over appropriations, and the | ||
Legislative Budget Board a report that contains: | ||
(1) the salary for all commission personnel and the | ||
total amount of per diem expenses and travel expenses paid for all | ||
commission employees; | ||
(2) the total amount of per diem expenses and travel | ||
expenses paid for each member of the commission; | ||
(3) the commission's operating plan and annual budget; | ||
and | ||
(4) a detailed report of all revenue received and all | ||
expenses incurred by the commission in the previous 12 months. | ||
Sec. 1101.085. ABILITY TO CONTRACT. (a) To carry out and | ||
promote the objectives of this chapter, the commission may enter | ||
into contracts and do all other acts incidental to those contracts | ||
that are necessary for the administration of the commission's | ||
affairs and for the attainment of the commission's purposes, except | ||
as limited by Subsection (b). | ||
(b) Any indebtedness, liability, or obligation of the | ||
commission incurred under this section may not: | ||
(1) create a debt or other liability of this state or | ||
another entity other than the commission; or | ||
(2) create any personal liability on the part of the | ||
members or employees of the commission. | ||
Sec. 1101.086. PROPERTY. The commission may: | ||
(1) acquire by purchase, lease, gift, or any other | ||
manner provided by law and maintain, use, and operate any real, | ||
personal, or mixed property, or any interest in property, necessary | ||
or convenient to the exercise of the powers, rights, privileges, or | ||
functions of the commission; | ||
(2) sell or otherwise dispose of any real, personal, | ||
or mixed property, or any interest in property, that the commission | ||
determines is not necessary or convenient to the exercise of the | ||
commission's powers, rights, privileges, or functions; | ||
(3) construct, extend, improve, maintain, and | ||
reconstruct, or cause to construct, extend, improve, maintain, and | ||
reconstruct, and use and operate all facilities necessary or | ||
convenient to the exercise of the powers, rights, privileges, or | ||
functions of the commission; and | ||
(4) borrow money, as may be authorized from time to | ||
time by an affirmative vote of a two-thirds majority of the | ||
commission, for a period not to exceed five years if necessary or | ||
convenient to the exercise of the commission's powers, rights, | ||
privileges, or functions. | ||
Sec. 1101.087. SUITS. The office of the attorney general | ||
shall represent the commission in any litigation. The attorney | ||
general may assess and collect from the commission reasonable | ||
attorney's fees associated with any litigation under this section. | ||
Sec. 1101.088. POST-PARTICIPATION LIABILITY. (a) If the | ||
commission no longer has status under this subchapter as a | ||
self-directed semi-independent agency for any reason, the | ||
commission shall be liable for any expenses or debts incurred by the | ||
commission during the time the commission was a self-directed | ||
semi-independent agency. The commission's liability under this | ||
section includes liability for any lease entered into by the | ||
commission. This state is not liable for any expense or debt | ||
covered by this subsection, and money from the general revenue fund | ||
may not be used to repay the expense or debt. | ||
(b) If the commission no longer has status under this | ||
subchapter as a self-directed semi-independent agency for any | ||
reason, ownership of any property or other asset acquired by the | ||
commission during the time the commission was a self-directed | ||
semi-independent agency, including unexpended fees in a deposit | ||
account in the Texas Treasury Safekeeping Trust Company, shall be | ||
transferred to this state. | ||
Sec. 1101.089. DUE PROCESS; OPEN GOVERNMENT. The | ||
commission is: | ||
(1) a governmental body for purposes of Chapters 551 | ||
and 552, Government Code; and | ||
(2) a state agency for purposes of Chapters 2001 and | ||
2005, Government Code. | ||
Sec. 1101.090. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. | ||
Employees of the commission are members of the Employees Retirement | ||
System of Texas under Chapter 812, Government Code, and the | ||
commission's transition to independent status as provided by this | ||
chapter has no effect on their membership or any benefits under that | ||
system. | ||
SECTION 2. Section 1101.059(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) A person appointed to the commission is entitled to | ||
reimbursement[ |
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the travel expenses incurred in attending the training program | ||
regardless of whether the attendance at the program occurs before | ||
or after the person qualifies for office. | ||
SECTION 3. Section 1101.101(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) The commission shall determine the salaries of the | ||
administrator, officers, and employees of the commission. [ |
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SECTION 4. To provide a reasonable period for the Texas Real | ||
Estate Commission to establish itself as a self-directed and | ||
semi-independent agency under Subchapter B-1, Chapter 1101, | ||
Occupations Code, as added by this Act, for the two-year period | ||
following the effective date of this Act, the commission is | ||
appropriated out of the general revenue fund an amount equal to 50 | ||
percent of the amount of general revenue appropriated to the | ||
commission for the state fiscal year ending August 31, 2011. | ||
Subject to Section 1101.082, Occupations Code, as added by this | ||
Act, this appropriation may be spent as the commission directs and | ||
shall be repaid not later than August 31, 2016, to the general | ||
revenue fund by the commission as funds become available. | ||
SECTION 5. The transfer of the Texas Real Estate Commission | ||
to self-directed and semi-independent status under Subchapter B-1, | ||
Chapter 1101, Occupations Code, as added by this Act, and the | ||
expiration of self-directed and semi-independent status may not act | ||
to cancel, suspend, or prevent: | ||
(1) any debt owed to or by the commission; | ||
(2) any fine, tax, penalty, or obligation of any | ||
party; | ||
(3) any contract or other obligation of any party; or | ||
(4) any action taken by the commission in the | ||
administration or enforcement of the commission's duties. | ||
SECTION 6. The Texas Real Estate Commission shall continue | ||
to have and exercise the powers and duties allocated to the | ||
commission in the commission's enabling legislation, except as | ||
specifically amended by this Act. | ||
SECTION 7. This Act takes effect September 1, 2011. |