TEXAS TECH BILL BRIEFS – 2003

78^th Legislature, Third Called Session

HB 2 – Krusee/Ogden – Relating to the construction, acquisition, financing, maintenance, management, operation, ownership, and control of transportation facilities and the progress, improvement, policing, and safety of transportation in the state; making appropriations.

This bill makes several changes to the omnibus transportation legislation (HB 3588) passed during the regular session.

· The primary purpose of these amendments was to move fee revenue appropriated to the Texas Mobility Fund for this biennium back into the general revenue fund and thereby freeing up almost $232 million in federal fiscal relief funds which the comptroller had originally utilized to certify the General Appropriations Act.

· The fiscal relief funds are now available for appropriations as directed in the General Appropriations Act including appropriations to the health related institutions.

· Effective date: January 11, 2004.

HB 7 – Swinford/Ogden. Relating to the reorganization of, efficiency in, and other reform measures applying to governmental entities and certain regulatory practices; providing a penalty.

This bill amends numerous areas of the law. The amendments include:

• Authorizes the Governor to submit budget recommendations before the State of the State Address. Current law requires the Governor to deliver a copy of the Governor’s budget to the legislature not later than the sixth day of a regular session.

• Establishes that wages paid in this state are considered abandoned after one year if the existence and location of the person to whom wages are owed is unknown and these abandoned wages must be delivered to the Comptroller by November 1 of each year.

• Allows the Legislative Budget Board to meet by telephone conference call, video conference call, or other similar telecommunication device if the joint chairs of the LBB are physically present at a meeting.

• Requires state agencies, excluding institutions of higher education, to reduce fuel consumption by at least five percent from fiscal year 2002 consumption levels through the use of cost-effective proven fuel-saving technologies. The Department of Transportation shall test and demonstrate the performance and cost-effectiveness of these technologies.

• Requires state agencies, excluding institutions of higher education, to determine whether a capital expenditure for a state facility purpose can be financed with money generated by a utility cost-savings contract prior to expenditure of any appropriated money for that purpose.

• Reorganizes the Legislative Budget Board, the Legislative Council, and the Legislative Audit Committee by allowing the Speaker of the House and the Lt. Governor to serve as joint chairs of each of these committees. Increases the number of House members and Senate members from four to five on the Sunset Advisory Commission.

• Repeals the Comptroller’s authority to do performance reviews of public schools and institutions of higher education; authorizes the Legislative Budget Board to periodically review the effectiveness and efficiency of the budgets and operations of public junior colleges and general academic teaching institutions.

• Authorizes the LBB to review and analyze the effectiveness and efficiency of the policies, management, fiscal affairs, and operations of state agencies, excluding institutions of higher education. The board may also review and analyze the state’s system of records management of these state agencies.

• Authorizes retirees who qualify for a retirement pension, but at the time of retirement do not qualify to continue participation in the Uniform Group Insurance Program, to obtain health care benefits by paying the full costs of the health insurance as determined by the insurance program. The bill authorizes the legislature to fund these costs in the General Appropriations Act if the legislature so chooses. The retiree must have been an employee eligible to participate in the group benefits program on or before August 31, 2003, and at the time of retirement, meet the requirements for eligibility for participation in the program that existed on August 31, 2003.

• Authorizes federations or organizations that previously participated in the state employee charitable campaign to continue to participate in the program without regard to the amendments passed during the regular session that would have eliminated some of these organizations.

• Requires the Comptroller to certify a bill that makes an appropriation within ten days (Sundays excluded) of the date the bill passes both houses of the legislature.

• Restores the requirement that state governmental bodies report to the Building and Procurement Commission certain information relating to open records requests and the cost of request response. This section was repealed in SB 19, 78^th Legislature, Regular Session.

• Authorizes the Department of Transportation to enter into an interagency contract with the State Aircraft Pooling Board to operate the pooling board on a full cost recovery basis and prohibits differential rates for any reason. Requires the Governor, Lt. Governor, and Speaker to approve the contract.

• Effective date: January 11, 2004.

HB 28 – McCall/Bivins – Relating to state and local government fiscal management, including various matters related to increasing administrative efficiency in state government; making related appropriations.

This bill amends numerous sections of the current law including:

• Transfers the duties and responsibilities of the Research and Oversight Council on Workers’ Compensation to the Texas Department of Insurance as a result of the Governor’s veto of the council’s appropriation.

• Appropriates $5 million to the Comptroller to use to pay earned interest on cash transferred from funds outside of the State Treasury to address the state’s requirements for cash.

• Amends General Appropriations Act, Article IX, Section 11.28, by clarifying that federal funds received for state fiscal relief and general revenue and general revenue dedicated funds that were vetoed by the Governor can be appropriated by the Governor and the Legislative Budget Board acting under budget executive authority.

• Amends the set aside provisions of the B-On-Time loan program. With these amendments, the set aside of five percent will only apply to resident undergraduate designated tuition excluding the presently included non-resident, graduate and professional tuition. Applies only to designated tuition in excess of $46 per semester credit hour. This five percent will be considered a part of the amount required to be set aside (the 20%) for the tuition deregulation requirements. This change in the law applies to tuition collected beginning in January, 2004. The joint interim committee on higher education will evaluate the participation of students enrolled in private and independent institutions of higher education in this loan program.

• Authorizes the Product Development and Small Business Incubator Program to provide financing for businesses in the areas of semiconductors and nanotechnology in addition to the current areas of biotechnology and biomedicine.

• Authorizes the Texas Tech University System to issue tuition revenue bonds in an amount not to exceed $45 million for an academic building at TTUHSC—El Paso. No funding is provided for the debt service for these bonds.

• Authorizes Texas Southern University to issue $3.51 million of tuition revenue bonds to restore facilities and related infrastructure damaged by Tropical Storm Allison. No funding for debt service.

• Authorizes the State Council on Competitive Government and the Legislative Budget Board to review the possibility of contracting with a single private vendor to implement an electronic benefits enrollment and administration system for work site benefits. These benefits will include insurance, including health, life, and disability insurance and health benefits plans; flexible spending accounts; or savings or retirement benefits.

• Effective date: Immediately.

HB 37 – Bonnen/Ogden – Relating to contracts and grant programs related to the Texas Emissions Reduction Plan; making appropriations.

As a result of the Governor’s veto of the appropriations for the Texas Council on Environmental Technology, this bill transfers the duties and responsibilities of the council to the Texas Commission on Environmental Quality. The council will continue to exist and act in an advisory role to the commission regarding the technology research and development program. Effective date: Immediately.