Bill Text: TX SB2178 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to state fiscal matters.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-21 - Referred to Finance [SB2178 Detail]

Download: Texas-2019-SB2178-Introduced.html
 
 
  By: Nelson S.B. No. 2178
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state fiscal matters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  PUBLIC EDUCATION
         SECTION 1.01.  This article applies to any state agency,
  school, or other entity, other than an institution of higher
  education, that receives an appropriation under Article III of the
  General Appropriations Act.
         SECTION 1.02.  Notwithstanding any other statute of this
  state, each entity to which this article applies is authorized to
  reduce or recover expenditures by:
               (1)  consolidating any reports or publications the
  entity is required to make and filing or delivering any of those
  reports or publications exclusively by electronic means;
               (2)  extending the effective period of any license,
  permit, or registration the entity grants or administers;
               (3)  entering into a contract with another governmental
  entity or with a private vendor to carry out any of the entity's
  duties;
               (4)  providing that any communication between the
  entity and another person and any document required to be delivered
  to or by the entity, including any application, notice, billing
  statement, receipt, or certificate, may be made or delivered by
  e-mail or through the Internet; and
               (5)  adopting and collecting fees or charges to cover
  any costs the entity incurs in performing its lawful functions.
         SECTION 1.03.  An employee of a state agency, school, or
  other entity other than an institution of higher education, that
  receives an appropriation under Article III of the General
  Appropriations Act, is not entitled to an amount from the state for
  expenses, per diem, travel, or salary that exceeds the amount
  authorized for those purposes by the General Appropriations Act.
         SECTION 1.04.  An employee of a state agency, school, or
  other entity other than an institution of higher education, that
  receives an appropriation under Article III of the General
  Appropriations Act, is not entitled to an amount from the state for
  a salary, a salary supplement, office expenses or reimbursement of
  office expenses, or travel that exceeds the amount authorized for
  those purposes by the General Appropriations Act.
         SECTION 1.05.  An employee of an agency or other entity
  appropriated funds under Article III of the General Appropriations
  Act other than an institution of higher education is not entitled to
  an amount from the state for expenses, per diem, travel, or salary
  that exceeds the amount authorized for those purposes by the
  General Appropriations Act.
 
  ARTICLE 2. HEALTH AND HUMAN SERVICES
         SECTION 2.01.  This article applies to any state agency that
  receives an appropriation under Article II of the General
  Appropriations Act and to any program administered by any of those
  agencies.
         SECTION 2.02.  Notwithstanding any other statute of this
  state, each state agency to which this article applies is
  authorized to reduce or recover expenditures by:
               (1)  consolidating any reports or publications the
  agency is required to make and filing or delivering any of those
  reports or publications exclusively by electronic means;
               (2)  extending the effective period of any license,
  permit, or registration the agency grants or administers;
               (3)  entering into a contract with another governmental
  entity or with a private vendor to carry out any of the agency's
  duties;
               (4)  adopting additional eligibility requirements
  consistent with federal law for persons who receive benefits under
  any law the agency administers to ensure that those benefits are
  received by the most deserving persons consistent with the purposes
  for which the benefits are provided, including under the following
  laws:
                     (A)  Chapter 62, Health and Safety Code (child
  health plan program);
                     (B)  Chapter 31, Human Resources Code (temporary
  assistance for needy families program);
                     (C)  Chapter 32, Human Resources Code (Medicaid
  program);
                     (D)  Chapter 33, Human Resources Code
  (supplemental nutrition assistance and other nutritional
  assistance programs); and
                     (E)  Chapter 533, Government Code (Medicaid
  managed care);
               (5)  providing that any communication between the
  agency and another person and any document required to be delivered
  to or by the agency, including any application, notice, billing
  statement, receipt, or certificate, may be made or delivered by
  e-mail or through the Internet;
               (6)  adopting and collecting fees or charges to cover
  any costs the agency incurs in performing its lawful functions; and
               (7)  modifying and streamlining processes used in:
                     (A)  the conduct of eligibility determinations
  for programs listed in Subdivision (4) of this subsection by or
  under the direction of the Health and Human Services Commission;
                     (B)  the provision of child and adult protective
  services by the Department of Family and Protective Services;
                     (C)  the provision of services for the aging and
  disabled by the Health and Human Services Commission;
                     (D)  the provision of services to children and
  other persons with disabilities by the Health and Human Services
  Commission;
                     (E)  the provision of community health services,
  consumer protection services, mental health services, and hospital
  facilities and services by the Department of State Health Services;
  and
                     (F)  the provision or administration of other
  services provided or programs operated by the Health and Human
  Services Commission or a health and human services agency, as
  defined by Section 531.001, Government Code.
         SECTION  2.03. A health and human services employee is not
  entitled to an amount from the state for expenses, per diem, travel,
  or salary that exceeds the amount authorized for those purposes by
  the General Appropriations Act.
         SECTION 2.04.  A health and human services employee is not
  entitled to an amount from the state for a salary, a salary
  supplement, office expenses or reimbursement of office expenses, or
  travel that exceeds the amount authorized for those purposes by the
  General Appropriations Act.
         SECTION 2.05.  If before implementing any provision of this
  article a state agency determines that a waiver or authorization
  from a federal agency is necessary for implementation of that
  provision, the agency affected by the provision shall request the
  waiver or authorization and may delay implementing that provision
  until the waiver or authorization is granted.
  ARTICLE 3.  ARTICLE VII AGENCIES
         SECTION 3.01.  This article applies to any state agency that
  receives an appropriation under Article VII of the General
  Appropriations Act.
         SECTION 3.02.  Notwithstanding any other statute of this
  state, each state agency to which this article applies is
  authorized to reduce or recover expenditures by:
               (1)  consolidating any reports or publications the
  agency is required to make and filing or delivering any of those
  reports or publications exclusively by electronic means;
               (2)  extending the effective period of any license,
  permit, or registration the agency grants or administers;
               (3)  entering into a contract with another governmental
  entity or with a private vendor to carry out any of the agency's
  duties;
               (4)  adopting additional eligibility requirements for
  persons who receive benefits under any law the agency administers
  to ensure that those benefits are received by the most deserving
  persons consistent with the purposes for which the benefits are
  provided;
               (5)  providing that any communication between the
  agency and another person and any document required to be delivered
  to or by the agency, including any application, notice, billing
  statement, receipt, or certificate, may be made or delivered by
  e-mail or through the Internet; and
               (6)  adopting and collecting fees or charges to cover
  any costs the agency incurs in performing its lawful functions.
         SECTION 3.03.  An employee of an agency appropriated funds
  under Article VII of the General Appropriations Act is not entitled
  to an amount from the state for expenses, per diem, travel, or
  salary that exceeds the amount authorized for those purposes by the
  General Appropriations Act.
         SECTION 3.04.  An employee of an agency appropriated funds
  under Article VII of the General Appropriations Act is not entitled
  to an amount from the state for a salary, a salary supplement,
  office expenses or reimbursement of office expenses, or travel that
  exceeds the amount authorized for those purposes by the General
  Appropriations Act.
         SECTION 3.05.  Section 201.601, Transportation Code, is
  amended by adding Subsection (g) to read as follows:
         (g)  The plan must include a component that evaluates future
  federal funding opportunities for all modes of transportation and
  identifies actions necessary to maximize the total amount of
  federal funds received in the future for transportation
  improvements in this state.
         SECTION 3.06.  Subchapter H, Chapter 201, Transportation
  Code, is amended by adding Section 201.623 to read as follows:
         Sec. 201.623.  COOPERATION WITH LOCAL PLANNING ENTITIES TO
  MAXIMIZE FEDERAL FUNDING FOR PROJECTS. The department shall work
  and plan with local transportation planning entities to maximize
  the amount of federal funding awarded for projects in this state by
  identifying and pursuing projects that are eligible for federal
  grant programs, including the scenic byways program.
         SECTION 3.07.  Subchapter A, Chapter 623, Transportation
  Code, is amended by adding Section 623.002 to read as follows:
         Sec. 623.004.  EVALUATION OF PERMIT FEES. (a) The
  department shall evaluate highway use in this state by oversize or
  overweight vehicles, calculate the cost of damage to highways in
  this state caused by those vehicles, and determine whether:
               (1)  the fees charged for permits issued under this
  chapter are adequate to offset the costs of damage to highways
  caused by those vehicles and recommend any fee adjustments for the
  permits to reflect the costs of damage to highways caused by those
  vehicles; and
               (2)  vehicles currently exempt from permit
  requirements under this chapter should be required to obtain a
  permit to operate on roads or highways in this state.
         (b)  Not later than October 1 of each even-numbered year, the
  department shall report its findings to:
               (1)  the Legislative Budget Board; and
               (2)  the governor.
         SECTION  3.08.  Section 623.077, Transportation Code, is
  amended to read as follows:
         Sec. 623.077.  HIGHWAY MAINTENANCE FEE. (a) An applicant
  for a permit under this subchapter, other than a permit under
  Section 623.071(c)(3), must also pay a highway maintenance fee in
  an amount determined according to vehicle weight and distance
  traveled. [the following table:
 
[Vehicle Weight in Pounds Fee
 
[80,001 to 120,000 $150
 
[120,001 to 160,000 $225
 
[160,001 to 200,000 $300
 
[200,001 and above $375]
         (b)  The department shall adopt rules to implement this
  section and establish a schedule of rates, based on miles traveled,
  for all vehicle weight categories that provides for an increase in
  the rates according to the weight of a vehicle.
         (c)  The department shall send each fee collected under
  Subsection (a) to the comptroller, who shall deposit:
               (1)  90 percent of the fee to the credit of the state
  highway fund; and
               (2)  10 percent of the fee to the credit of the Texas
  Department of Motor Vehicles fund.
         SECTION 3.09.  (a) The Texas Department of Transportation
  shall adopt rules implementing Section 623.077, Transportation
  Code, as amended by this article, not later than January 1, 2020.
         (b)  Section 623.077(a), Transportation Code, as amended by
  this article, applies only to an application for a permit submitted
  under Subchapter D, Chapter 623, Transportation Code, to the Texas
  Department of Transportation on or after January 1, 2020. An
  application for a permit submitted before January 1, 2020, is
  governed by the law in effect on the date the application was
  submitted, and that law is continued in effect for that purpose.
  ARTICLE 4. GENERAL GOVERNMENT
         SECTION  4.01.  This article applies to any state agency that
  receives an appropriation under Article I of the General
  Appropriations Act.
         SECTION 4.02.  Notwithstanding any other statute of this
  state, each state agency to which this article applies is
  authorized to reduce or recover expenditures by:
               (1)  consolidating any reports or publications the
  agency is required to make and filing or delivering any of those
  reports or publications exclusively by electronic means;
               (2)  extending the effective period of any license,
  permit, or registration the agency grants or administers;
               (3)  entering into a contract with another governmental
  entity or with a private vendor to carry out any of the agency's
  duties;
               (4)  adopting additional eligibility requirements for
  persons who receive benefits under any law the agency administers
  to ensure that those benefits are received by the most deserving
  persons consistent with the purposes for which the benefits are
  provided;
               (5)  providing that any communication between the
  agency and another person and any document required to be delivered
  to or by the agency, including any application, notice, billing
  statement, receipt, or certificate, may be made or delivered by
  e-mail or through the Internet; and
               (6)  adopting and collecting fees or charges to cover
  any costs the agency incurs in performing its lawful functions.
         SECTION 4.03.  An employee of an agency appropriated funds
  under Article I of the General Appropriations Act is not entitled to
  an amount from the state for expenses, per diem, travel, or salary
  that exceeds the amount authorized for those purposes by the
  General Appropriations Act.
         SECTION 4.04.  An employee of an agency appropriated funds
  under Article I of the General Appropriations Act is not entitled to
  an amount from the state for a salary, a salary supplement, office
  expenses or reimbursement of office expenses, or travel that
  exceeds the amount authorized for those purposes by the General
  Appropriations Act.
         SECTION 4.05.  Chapter 1231, Government Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G. LIMIT ON STATE DEBT PAYABLE FROM GENERAL REVENUE FUND
         Sec. 1231.151.  DEFINITIONS. In this subchapter:
               (1)  "Maximum annual debt service" means the limitation
  on annual debt service imposed by Section 49-j(a), Article III,
  Texas Constitution.
               (2)  "State debt payable from the general revenue fund"
  has the meaning assigned by Section 49-j(b), Article III, Texas
  Constitution.
               (3)  "Unissued debt" means state debt payable from the
  general revenue fund that has been authorized but not issued.
         Sec. 1231.152.  COMPUTATION OF DEBT LIMIT. In computing the
  annual debt service in a state fiscal year on state debt payable
  from the general revenue fund for purposes of determining whether
  additional state debt may be authorized without exceeding the
  maximum annual debt service, the board may employ any assumptions
  related to unissued debt that the board determines are necessary to
  reflect common or standard debt issuance practices authorized by
  law, including assumptions regarding:
               (1)  interest rates;
               (2)  debt maturity; and
               (3)  debt service payment structures.
         Sec. 1231.153.  REPORT ON COMPUTATION. (a) The board shall
  publish during each state fiscal year a report providing a detailed
  description of the method used to compute the annual debt service in
  that fiscal year on state debt payable from the general revenue fund
  for purposes of determining whether additional state debt may be
  authorized. The report must describe:
               (1)  the debt service included in the computation,
  including debt service on issued and unissued debt;
               (2)  the assumptions on which the debt service on
  unissued debt was based; and
               (3)  any other factors required by law that affect the
  computation.
         (b)  The board may publish the report required by this
  section as a component of any other report required by law,
  including the annual report required by Section 1231.102, or as an
  independent report. The board shall make the report available to
  the public.
         SECTION 4.06.  The Bond Review Board shall publish the
  initial report required by Section 1231.153, Government Code, as
  added by this article, during the state fiscal year beginning
  September 1, 2019.
         SECTION 4.07.  Subchapter A, Chapter 2176, Government Code,
  is amended by adding Section 2176.007 to read as follows:
         Sec. 2176.007.  COMPTROLLER STUDY ON MAIL OPERATIONS. (a)
  The comptroller shall conduct a study on the mail operations of each
  state agency in the executive branch of state government that
  receives an appropriation made under Article I of the General
  Appropriations Act. The study must identify provisions of law
  relating to the mailing requirements for the agency that impede the
  efficient transmission and receipt of documents by the agency.
         (b)  In conducting the study, the comptroller shall
  collaborate with other state agencies to consider the needs or
  concerns specific to those agencies.
         (c)  Not later than November 1, 2020, the comptroller shall
  post the findings of the study conducted under this section on the
  comptroller's Internet website.
         (d)  This section expires September 1, 2021.
         SECTION 4.08.  Section 2054.380(b), Government Code, is
  amended to read as follows:
         (b)  Revenue derived from the collection of fees imposed
  under Subsection (a) may be appropriated to the department for:
               (1)  developing statewide information resources
  technology policies and planning under this chapter and Chapter
  2059; and
               (2)  providing shared information resources technology
  services [under this chapter].
         SECTION 4.09.  Section 2157.068(d), Government Code, is
  amended to read as follows:
         (d)  The department may charge a reasonable administrative
  fee to a state agency, political subdivision of this state, or
  governmental entity of another state that purchases commodity items
  through the department in an amount that is sufficient to recover
  costs associated with the administration of this section. Revenue
  derived from the collection of fees imposed under this subsection
  may be appropriated to the department for:
               (1)  developing statewide information resources
  technology policies and planning [under Chapters 2054 and 2059];
  and
               (2)  providing shared information resources technology
  services [under Chapter 2054].
         SECTION 4.10.  Section 2170.057(d), Government Code, is
  amended to read as follows:
         (d)  The department shall maintain in the revolving fund
  account sufficient amounts to pay the bills of the consolidated
  telecommunications system and the centralized capitol complex
  telephone system. The department shall certify amounts that exceed
  this amount to the comptroller, and the comptroller shall transfer
  the excess amounts to the credit of the general revenue fund.
  ARTICLE 5. FUNDS, ACCOUNTS, AND DEDICATIONS
         SECTION  5.01.  DEFINITION. In any provision of this Act
  that does not amend current law, "state agency" means an office,
  institution, or other agency that is in the executive branch or the
  judicial branch of state government, has authority that is not
  limited to a geographical portion of the state, and was created by
  the constitution or a statute of this state. The term does not
  include an institution of higher education as defined by Section
  61.003, Education Code.
         SECTION 5.02.  ABOLITION OF FUNDS, ACCOUNTS, AND
  DEDICATIONS. Except as otherwise specifically provided by this Act,
  all funds and accounts created or re-created by an Act of the 86th
  Legislature, Regular Session, 2019, that becomes law and all
  dedications or rededications of revenue collected by a state agency
  for a particular purpose by an Act of the 86th Legislature, Regular
  Session, 2019, that becomes law are abolished on the later of August
  31, 2019, or the date the Act creating or re-creating the fund or
  account or dedicating or rededicating revenue takes effect.
         SECTION 5.03.  PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
  ACCOUNTS. Section 5.02 of this Article does not apply to:
               (1)  statutory dedications, funds, and accounts that
  were enacted before the 86th Legislature convened to comply with
  requirements of state constitutional or federal law;
               (2)  dedications, funds, or accounts that remained
  exempt from former Section 403.094(h), Government Code, at the time
  dedications, accounts, and funds were abolished under that
  provision;
               (3)  increases in fees or in other revenue dedicated as
  described by this section; or
               (4)  increases in fees or in other revenue required to
  be deposited in a fund or account described by this section.
         SECTION 5.04.  FEDERAL FUNDS. Section 5.02 of this Article
  does not apply to funds created under an Act of the 86th
  Legislature, Regular Session, 2019, for which separate accounting
  is required by federal law, except that the funds shall be deposited
  in accounts in the general revenue fund unless otherwise required
  by federal law.
         SECTION 5.05.  TRUST FUNDS. Section 5.02 of this Article
  does not apply to trust funds or dedicated revenue deposited to
  trust funds created under an Act of the 86th Legislature, Regular
  Session, 2019, except that the trust funds shall be held in the
  state treasury, with the comptroller in trust, or outside the state
  treasury with the comptroller's approval.
         SECTION 5.06.  BOND FUNDS. Section 5.02 of this Article does
  not apply to bond funds and pledged funds created or affected by an
  Act of the 86th Legislature, Regular Session, 2019, except that the
  funds shall be held in the state treasury, with the comptroller in
  trust, or outside the state treasury with the comptroller's
  approval.
         SECTION 5.07.  CONSTITUTIONAL FUNDS. Section 5.02 of this
  Act
  does not apply to funds or accounts that would be created or
  re-created by the Texas Constitution or revenue that would be
  dedicated or rededicated by the Texas Constitution under a
  constitutional amendment proposed by the 86th Legislature, Regular
  Session, 2019, or to dedicated revenue deposited to funds or
  accounts that would be so created or re-created, if the
  constitutional amendment is approved by the voters.
  SECTION 5.08.  ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS.
  Section 5.02 of this Act does not apply to a newly authorized use of
  a dedicated fund or dedicated account as provided by an Act of the
  86th Legislature, Regular Session, 2019, to the extent:
               (1)  the fund or account was exempted from abolition by
  an Act of the legislature that became law before January 1, 2019;
  and
               (2)  the newly authorized use is within the scope of the
  original dedication of the fund or account.
         SECTION 5.09.  REALLOCATION OF INTEREST ACCRUED ON CERTAIN
  DEDICATED REVENUE. Effective September 1, 2019, Section 403.0956,
  Government Code, is reenacted to read as follows:
         Sec. 403.0956.  REALLOCATION OF INTEREST ACCRUED ON CERTAIN
  DEDICATED REVENUE.  Notwithstanding any other law, all interest or
  other earnings that accrue on all revenue held in an account in the
  general revenue fund any part of which Section 403.095 makes
  available for certification under Section 403.121 are available for
  any general governmental purpose, and the comptroller shall deposit
  the interest and earnings to the credit of the general revenue
  fund.  This section does not apply to:
               (1)  interest or earnings on revenue deposited in
  accordance with Section 51.008, Education Code;
               (2)  an account that accrues interest or other earnings
  on deposits of state or federal money the diversion of which is
  specifically excluded by federal law;
               (3)  the lifetime license endowment account;
               (4)  the game, fish, and water safety account;
               (5)  the coastal protection account;
               (6)  the Alamo complex account; or
               (7)  the artificial reef account.
 
         SECTION 5.10.  AMENDMENT OF SECTION 403.095, GOVERNMENT
  CODE. Effective September 1, 2019, Sections 403.095(b), (d), and
  (f), Government Code, are amended to read as follows:
         (b)  Notwithstanding any law dedicating or setting aside
  revenue for a particular purpose or entity, dedicated revenues that
  on August 31, 2021 [2019], are estimated to exceed the amount
  appropriated by the General Appropriations Act or other laws
  enacted by the 86th [85th] Legislature are available for general
  governmental purposes and are considered available for the purpose
  of certification under Section 403.121.
         (d)  Following certification of the General Appropriations
  Act and other appropriations measures enacted by the 86th [85th]
  Legislature, the comptroller shall reduce each dedicated account as
  directed by the legislature by an amount that may not exceed the
  amount by which estimated revenues and unobligated balances exceed
  appropriations. The reductions may be made in the amounts and at
  the times necessary for cash flow considerations to allow all the
  dedicated accounts to maintain adequate cash balances to transact
  routine business. The legislature may authorize, in the General
  Appropriations Act, the temporary delay of the excess balance
  reduction required under this subsection. This subsection does not
  apply to revenues or balances in:
               (1)  funds outside the treasury;
               (2)  trust funds, which for purposes of this section
  include funds that may or are required to be used in whole or in part
  for the acquisition, development, construction, or maintenance of
  state and local government infrastructures, recreational
  facilities, or natural resource conservation facilities;
               (3)  funds created by the constitution or a court; or
               (4)  funds for which separate accounting is required by
  federal law.
         (f)  This section expires September 1, 2021 [2019].
         SECTION 5.11.  AMENDMENT OF SECTION 504.6012,
  TRANSPORTATION CODE. Effective September 1, 2019, Section
  504.6012, Transportation Code, is amended to read as follows:
         Sec. 504.6012.  ELIMINATION OF DEDICATED REVENUE ACCOUNTS;
  REVENUES IN TRUST. (a) Notwithstanding any other law, not later
  than September 30, 2019 [2015], the comptroller shall eliminate all
  dedicated accounts established for specialty license plates and
  shall set aside the balances of those dedicated accounts so that the
  balances may be appropriated only for the purposes intended as
  provided by the dedications.
         (b)  On and after September 1, 2019 [2015], the portion of a
  fee payable that is designated for deposit to a dedicated account
  shall be paid instead to the credit of an account in a trust fund
  created by the comptroller outside the general revenue fund. The
  comptroller shall administer the trust fund and accounts and may
  allocate the corpus and earnings on each account only in accordance
  with the dedications of the revenue deposited to the trust fund
  accounts.
         SECTION 5.10.  EFFECT OF ACT.
         (a)  This Act prevails over any other Act of the 86th
  Legislature, Regular Session, 2019, regardless of the relative
  dates of enactment, that purports to create or re-create a special
  fund or account or to dedicate or rededicate revenue to a particular
  purpose, including any fund, account, or revenue dedication
  abolished under former Section 403.094, Government Code.
         (b)  An exemption from the application of Section 403.095,
  Government Code, contained in another Act of the 86th Legislature,
  Regular Session, 2019, that is exempted from the application of
  Section 2 of this Act has no effect.
         (c)  Revenue that, under the terms of another Act of the 86th
  Legislature, Regular Session, 2019, would be deposited to the
  credit of a special account or fund shall be deposited to the credit
  of the undedicated portion of the general revenue fund unless the
  fund, account, or dedication is exempted under this Act.
 
  ARTICLE 6. EFFECTIVE DATE.
         SECTION 6.01.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect on the 91st day after the last day of
  the legislative session.
feedback