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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolishment of the State Council on Competitive |
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Government and the transfer of its functions to the comptroller. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 662.0071(a), Government Code, is amended |
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to read as follows: |
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(a) A state agency shall accept the balance of compensatory |
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time accrued under Section 662.007 by a state employee who |
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transfers to that agency from another state agency if the employee |
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transfers as a direct result of[:
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[(1)] the legislature's transfer of legal authority or |
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duties from the agency that formerly employed the employee to the |
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agency that currently employs the employee[; or
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[(2)
a requirement of the State Council on Competitive
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Government for the agency that formerly employed the employee to
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bid a commercially available service that the agency previously
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performed]. |
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SECTION 2. Sections 2054.131(b) and (d), Government Code, |
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are amended to read as follows: |
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(b) If the department [State Council on Competitive
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Government] and the Legislative Budget Board each determine that a |
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cost savings may be realized through a private vendor selected |
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under this section, the department [State Council on Competitive
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Government] may implement a project that establishes a common |
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electronic infrastructure through which each state agency, |
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including any retirement system created by statute or by the |
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constitution, shall: |
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(1) require its work site benefits plan participants |
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to electronically: |
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(A) enroll in any work site benefits plans |
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provided to the person by the state or a state agency; |
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(B) add, change, or delete benefits; |
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(C) sign any payroll deduction agreements to |
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implement a contribution made to a plan in which the participant |
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enrolls; |
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(D) terminate participation in a voluntary plan; |
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(E) initiate account investment changes and |
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withdrawals in a retirement plan; |
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(F) obtain information regarding plan benefits; |
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and |
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(G) communicate with the plan administrator; and |
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(2) administer its work site benefits plans |
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electronically by using the project to: |
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(A) enroll new plan participants and, when |
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appropriate, terminate plan participation; |
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(B) generate eligibility and enrollment reports |
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for plan participants; |
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(C) link plan administration with payroll |
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administration to facilitate payroll deductions for a plan; |
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(D) facilitate single-source billing |
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arrangements between the agency and a plan provider; and |
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(E) transmit and receive information regarding |
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the plan. |
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(d) If the department [State Council on Competitive
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Government] implements an electronic infrastructure project under |
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this section, the department [State Council on Competitive
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Government] shall select and contract with a single private vendor |
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to implement the project. The contract must require the |
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application of the project to all state agencies without cost to the |
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state until the project is initially implemented. |
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SECTION 3. Section 2171.104(a), Government Code, is amended |
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to read as follows: |
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(a) The office of vehicle fleet management[, as directed by
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the State Council on Competitive Government,] shall develop a |
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management plan with detailed recommendations for improving the |
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administration and operation of the state's vehicle fleet. |
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SECTION 4. Section 32.0461, Human Resources Code, is |
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amended by amending Subsections (a) and (c) and adding Subsection |
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(d) to read as follows: |
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(a) The [In consultation and coordination with the State
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Council on Competitive Government, the] commission shall seek |
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competitive bids for the claims processing function of the vendor |
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drug program. |
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(c) The commission may award a contract under this section |
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to another person only if the commission determines [department and
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the State Council on Competitive Government determine] that the |
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provision of services under that contract would be more |
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cost-effective and the time to process claims under the contract |
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would be the same as or faster than having employees of the |
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commission continue to process claims. |
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(d) The commission may consult with the comptroller in |
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administering this section. |
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SECTION 5. Sections 11.0255(b) and (c), Parks and Wildlife |
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Code, are amended to read as follows: |
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(b) In calculating the costs under Subsection (a), the |
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department[:
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[(1)] shall consider both direct and indirect costs of |
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department employees who perform project tasks[; and
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[(2)
may use the cost accounting procedures and
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instructions developed by the State Council on Competitive
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Government under Section 2162.102, Government Code]. |
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(c) On request, the comptroller [State Council on
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Competitive Government] shall provide technical assistance to the |
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department[, including assistance with the application of the
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council's cost accounting procedures and instructions]. |
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SECTION 6. Section 223.042(d), Transportation Code, is |
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amended to read as follows: |
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(d) The department shall consider all of its direct and |
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indirect costs in determining the cost of providing the services. |
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[The department shall use the cost accounting procedures and
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instructions developed by the State Council on Competitive
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Government under Section 2162.102(c)(2), Government Code, in
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determining its cost. On request, the State Council on Competitive
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Government shall provide technical assistance to the department
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about the cost accounting procedures and instructions.] |
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SECTION 7. The following laws are repealed: |
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(1) Section 161.037(b), Agriculture Code; |
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(2) Chapter 236, Family Code; |
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(3) Section 662.0071(c), Government Code; |
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(4) Section 670.003, Government Code; |
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(5) Chapter 2162, Government Code; |
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(6) Section 2163.001(d), Government Code; and |
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(7) Section 11.153(b), Parks and Wildlife Code. |
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SECTION 8. (a) On the effective date of this Act, the State |
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Council on Competitive Government is abolished. |
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(b) The validity of an action taken by or in connection with |
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the authority of the State Council on Competitive Government before |
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the date the agency is abolished is not affected by the abolition. |
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SECTION 9. On the effective date of this Act: |
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(1) all powers and duties of the State Council on |
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Competitive Government are transferred to the comptroller; |
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(2) a rule, form, policy, procedure, or decision of |
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the State Council on Competitive Government continues in effect as |
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a rule, form, policy, procedure, or decision of the comptroller |
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until superseded by an act of the comptroller; |
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(3) a reference in law to the State Council on |
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Competitive Government means the comptroller; |
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(4) any action or proceeding before the State Council |
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on Competitive Government is transferred without change in status |
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to the comptroller and the comptroller assumes, without a change in |
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status, the position of the State Council on Competitive Government |
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in any action or proceeding to which the State Council on |
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Competitive Government is a party; |
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(5) all money, contracts, leases, rights, bonds, and |
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obligations of the State Council on Competitive Government are |
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transferred to the comptroller; |
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(6) all personal property, including records, in the |
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custody of the State Council on Competitive Government becomes the |
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property of the comptroller; and |
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(7) all funds appropriated by the legislature to the |
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State Council on Competitive Government are transferred to the |
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comptroller. |
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SECTION 10. This Act takes effect September 1, 2017. |