Bill Text: TX SB1579 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to state fiscal matters related to general government.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-05-13 - Reported favorably as substituted [SB1579 Detail]

Download: Texas-2011-SB1579-Introduced.html
  82R12073 MTB-D
 
  By: Ogden S.B. No. 1579
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state fiscal matters related to general government.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES
  GENERALLY
         SECTION 1.01.  This article applies to any state agency that
  receives an appropriation under Article I of the General
  Appropriations Act.
         SECTION 1.02.  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.
  ARTICLE 2.  FISCAL MATTERS REGARDING LEASING CERTAIN STATE
  FACILITIES
         SECTION 2.01.  The heading to Section 2165.2035, Government
  Code, is amended to read as follows:
         Sec. 2165.2035.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS
  AND GARAGES; USE AFTER HOURS.
         SECTION 2.02.  Subchapter E, Chapter 2165, Government Code,
  is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to
  read as follows:
         Sec. 2165.204.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS
  AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES.  (a)  The commission
  may lease to a private individual an individual parking space in a
  state-owned parking lot or garage located in the city of Austin that
  the commission determines is not needed to accommodate the regular
  parking requirements of state employees who work near the lot or
  garage and visitors to nearby state government offices.
         (b)  Money received from a lease under this section shall be
  deposited to the credit of the general revenue fund.
         Sec. 2165.2045.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS
  AND GARAGES; EXCESS BLOCKS OF PARKING SPACE.  (a)  The commission
  may lease to an institution of higher education or a local
  government all or a significant block of a state-owned parking lot
  or garage located in the city of Austin that the commission
  determines is not needed to accommodate the regular parking
  requirements of state employees who work near the lot or garage and
  visitors to nearby state government offices.
         (b)  Money received from a lease under this section shall be
  deposited to the credit of the general revenue fund.
         Sec. 2165.2046.  REPORTS ON PARKING PROGRAMS.  On or before
  October 1 of each even-numbered year, the commission shall submit a
  report to the Legislative Budget Board describing the effectiveness
  of parking programs developed by the commission under this
  subchapter.  The report must, at a minimum, include:
               (1)  the yearly revenue generated by the programs;
               (2)  the yearly administrative and enforcement costs of
  each program;
               (3)  yearly usage statistics for each program; and
               (4)  initiatives and suggestions by the commission to:
                     (A)  modify administration of the programs; and
                     (B)  increase revenue generated by the programs.
         SECTION 2.03.  This article takes effect immediately if this
  Act 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 article takes effect September 1, 2011.
  ARTICLE 3.  STATE DEBT
         SECTION 3.01.  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 3.02.  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, 2011.
         SECTION 3.03.  This article takes effect immediately if this
  Act 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 article takes effect September 1, 2011.
  ARTICLE 4.  ELECTRONIC PAYMENTS
         SECTION 4.01.  Section 403.016, Government Code, is amended
  to read as follows:
         Sec. 403.016.  ELECTRONIC FUNDS TRANSFER AND ELECTRONIC PAY
  CARDS.  (a)  The comptroller shall establish and operate an
  electronic funds transfer system in accordance with this section.
  The comptroller may use the services of financial institutions,
  automated clearinghouses, and the federal government to establish
  and operate the electronic funds transfer system. The comptroller
  also shall establish and operate an efficient and effective system
  of making payments by electronic pay card.
         (b)  The comptroller shall use either the electronic funds
  transfer system or an electronic pay card to pay an employee's net
  state salary and travel expense reimbursements [unless:
               [(1)     the employee does not hold a classified position
  under the state's position classification plan and the employee's
  gross state salary is less than the gross state salary for a
  position classified to group 8, step 1, of the state position
  classification plan; or
               [(2)     the employee holds a classified position under
  the state's position classification plan that is classified below
  group 8].
         (c)  The comptroller shall use either the electronic funds
  transfer system or an electronic pay card to make:
               (1)  payments [of more than $100] to annuitants by the
  Employees Retirement System of Texas or the Teacher Retirement
  System of Texas under either system's administrative jurisdiction
  and payments to annuitants of any other retirement system who are
  paid from funds in the state treasury;
               (2)  recurring payments to municipalities, counties,
  political subdivisions, special districts, and other governmental
  entities of this state; and
               (3)  payments to vendors who choose to receive payment
  through the electronic funds transfer system or an electronic pay
  card rather than by warrant.
         (d)  If the comptroller is not required by this section to
  use either the electronic funds transfer system or an electronic
  pay card to pay a person, the comptroller may use the electronic
  funds transfer system or an electronic pay card to pay the person on
  the person's request.
         (e)(1) [(f)(1)]  Except as provided by Subdivisions (2) and
  (4) and subject to any limitation in rules adopted by the
  comptroller, an automated clearinghouse, or the federal
  government, the comptroller may use the electronic funds transfer
  system to deposit payments only to one or more accounts of a payee
  at one or more financial institutions, including credit unions.
               (2)  The comptroller may also use the electronic funds
  transfer system to deposit a portion of an employee's gross pay into
  the employee's account at a credit union as prescribed by
  Subchapter G, Chapter 659.
               (3)  A single electronic funds transfer may contain
  payments to multiple payees. Individual transfers or warrants are
  not required for each payee.
               (4)  The comptroller may also use the electronic funds
  transfer system to deposit a portion of an employee's gross pay into
  an account of an eligible state employee organization for a
  membership as prescribed by Subchapter G, Chapter 659.
         (f) [(g)]  When a law requires the comptroller to make a
  payment by warrant, the comptroller may instead make the payment
  through the electronic funds transfer system or by electronic pay
  card. The comptroller's use of the electronic funds transfer
  system, an electronic pay card, or any other payment means does not
  create a right that would not have been created if a warrant had
  been issued.
         (g) [(h)     Notwithstanding any requirement in this section to
  make a payment through the electronic funds transfer system, the
  comptroller shall issue a warrant to pay a person if:
               [(1)     the person properly notifies the comptroller
  that:
                     [(A)     receiving the payment by electronic funds
  transfer would be impractical to the person;
                     [(B)     receiving the payment by electronic funds
  transfer would be more costly to the person than receiving the
  payment by warrant;
                     [(C)     the person is unable to establish a
  qualifying account at a financial institution to receive electronic
  funds transfers; or
                     [(D)     the person chooses to receive the payment by
  warrant; or
               [(2)     the state agency on whose behalf the comptroller
  makes the payment properly notifies the comptroller that:
                     [(A)     making the payment by electronic funds
  transfer would be impractical to the agency; or
                     [(B)     making the payment by electronic funds
  transfer would be more costly to the agency than making the payment
  by warrant.
         [(i)]  Notwithstanding any requirement in this section to
  make a payment through the electronic funds transfer system or by
  electronic pay card, the comptroller may make a payment by warrant
  if the comptroller determines after conducting a cost analysis 
  that[:
               [(1)     using the electronic funds transfer system would
  be impractical to the state; or
               [(2)]  the cost to the state of using the electronic
  funds transfer or electronic pay card system would exceed the cost
  of issuing a warrant.  The comptroller shall submit to the
  Legislative Budget Board the cost analysis supporting each
  determination made by the comptroller under this subsection.
         (h) [(j)]  The comptroller shall adopt rules to administer
  this section, including rules relating to allowing recipients of
  state payments to choose at appropriate times between receiving
  payment through the electronic funds transfer system, by electronic
  pay card, or by warrant [the notifications that may be provided to
  the comptroller under Subsection (h)].
         SECTION 4.02.  Subchapter B, Chapter 403, Government Code,
  is amended by adding Section 403.0161 to read as follows:
         Sec. 403.0161.  CONTRACTS FOR ELECTRONIC PAY CARD SERVICES.
  The comptroller shall contract with one or more vendors for the
  provision of electronic pay card services.  A contract under this
  section must be by competitive bid.  The comptroller shall specify
  the qualifications for bidders, which must include requirements
  that the entity that issues the pay card must:
               (1)  be federally insured or possess sufficient
  financial resources to ensure protection of payees; and
               (2)  demonstrate adequate 24-hour customer service to
  ensure that all payees are able to reasonably access their funds
  worldwide at any time.
         SECTION 4.03.  Section 659.084, Government Code, is amended
  to read as follows:
         Sec. 659.084.  ELECTRONIC FUNDS TRANSFER. Salaries for
  state officers and employees paid once a month shall be paid through
  electronic funds transfer under Section 403.016 unless paid on an
  electronic pay card [warrant] as permitted under that section.
         SECTION 4.04.  This article takes effect January 1, 2012.
  ARTICLE 5.  FISCAL MATTERS RELATING TO SECRETARY OF STATE
         SECTION 5.01.  Section 405.014, Government Code, is amended
  to read as follows:
         Sec. 405.014.  ACTS OF THE LEGISLATURE. (a)  At each
  session of the legislature the secretary of state shall obtain the
  bills that have become law. Immediately after the closing of each
  session of the legislature, the secretary of state shall bind all
  enrolled bills and resolutions in volumes on which the date of the
  session is placed.
         (b)  As soon as practicable after the closing of each session
  of the legislature, the secretary of state shall publish and
  maintain electronically the bills enacted at that session. The
  electronic publication must be:
               (1)  indexed by bill number and assigned chapter number
  for each bill; and
               (2)  made available by an electronic link on the
  secretary of state's generally accessible Internet website.
         SECTION 5.02.  Subchapter B, Chapter 2158, Government Code,
  is repealed.
         SECTION 5.03.  The change in law made by this article does
  not apply to a contract for the publication of the laws of this
  state entered into before the effective date of this article.
         SECTION 5.04.  This article takes effect immediately if this
  Act 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 article takes effect September 1, 2011.
  ARTICLE 6.  FISCAL MATTERS REGARDING ATTORNEY GENERAL
         SECTION 6.01.  Section 402.006, Government Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  The attorney general may charge a reasonable fee for the
  electronic filing of a document.
         SECTION 6.02.  The heading to Section 402.0212, Government
  Code, is amended to read as follows:
         Sec. 402.0212.  PROVISION OF LEGAL SERVICES--OUTSIDE
  COUNSEL; FEES.
         SECTION 6.03.  Section 402.0212, Government Code, is amended
  by amending Subsections (b) and (c) and adding Subsections (d),
  (e), and (f) to read as follows:
         (b)  At the request of a party to a contract described by
  Subsection (a), the attorney general shall review an invoice
  submitted to a state agency under the contract to determine whether
  the invoice is eligible for payment.  The attorney general may
  charge the party requesting the review a reasonable fee for the
  review.
         (c)  The attorney general may, at the attorney general's
  discretion, review an invoice submitted to a state agency under a
  contract described by Subsection (a).
         (d)  For purposes of this section, the functions of a hearing
  examiner, administrative law judge, or other quasi-judicial
  officer are not considered legal services.
         (e)  Subsections (a) and (d) do [(c)  This section shall]
  not apply to the Texas Turnpike Authority division of the Texas
  Department of Transportation.
         (f)  The attorney general may adopt rules as necessary to
  implement and administer this section.
         SECTION 6.04.  Section 371.051, Transportation Code, is
  amended to read as follows:
         Sec. 371.051.  ATTORNEY GENERAL REVIEW AND FEE. (a)  A toll
  project entity may not enter into a comprehensive development
  agreement unless the attorney general reviews the proposed
  agreement and determines that it is legally sufficient.
         (b)  The attorney general may charge a toll project entity a
  reasonable fee for the review described in Subsection (a).
         (c)  If the toll project entity submits multiple proposed
  comprehensive development agreements relating to the same toll
  project for review, the entity shall pay the fee under Subsection
  (b) for each proposed comprehensive development agreement.
         (d)  The toll project entity may collect or seek
  reimbursement of the fee under Subsection (b) from the private
  participant under the proposed comprehensive development
  agreement.
         (e)  The attorney general may adopt rules necessary to
  implement and administer this section.
         SECTION 6.05.  The fee prescribed by Section 402.006,
  Government Code, as amended by this article, applies only to a
  document electronically submitted to the office of the attorney
  general on or after the effective date of this article.
         SECTION 6.06.  The fee prescribed by Section 402.0212,
  Government Code, as amended by this article, applies only to
  invoices for legal services submitted to the office of the attorney
  general for review on or after the effective date of this article.
         SECTION 6.07.  The fee prescribed by Section 371.051,
  Transportation Code, as amended by this article, applies only to a
  comprehensive development agreement submitted to the office of the
  attorney general on or after the effective date of this article.
         SECTION 6.08.  This article takes effect immediately if this
  Act 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 article takes effect September 1, 2011.
  ARTICLE 7.  TEXAS PRESERVATION TRUST FUND ACCOUNT
         SECTION 7.01.  Sections 442.015(a), (b), and (f), Government
  Code, are amended to read as follows:
         (a)  Notwithstanding Section [Sections 403.094 and] 403.095,
  the Texas preservation trust fund account is a separate account in
  the general revenue fund.  The account consists of transfers made to
  the account, loan repayments, grants and donations made for the
  purposes of this program, proceeds of sales, income earned
  [earnings] on money in the account, and any other money received
  under this section.  Money in [Distributions from] the account may
  be used only for the purposes of this section and [may not be used]
  to pay operating expenses of the commission.  Money allocated to the
  commission's historic preservation grant program shall be
  deposited to the credit of the account.  Income earned [Earnings] on
  money in the account shall be deposited to the credit of the
  account.
         (b)  The commission may use money in [distributions from] the
  Texas preservation trust fund account to provide financial
  assistance to public or private entities for the acquisition,
  survey, restoration, or preservation, or for planning and
  educational activities leading to the preservation, of historic
  property in the state that is listed in the National Register of
  Historic Places or designated as a State Archeological Landmark or
  Recorded Texas Historic Landmark, or that the commission determines
  is eligible for such listing or designation.  The financial
  assistance may be in the amount and form and according to the terms
  that the commission by rule determines.  The commission shall give
  priority to property the commission determines to be endangered by
  demolition, neglect, underuse, looting, vandalism, or other threat
  to the property.  Gifts and grants deposited to the credit of the
  account specifically for any eligible projects may be used only for
  the type of projects specified.  If such a specification is not
  made, the gift or grant shall be unencumbered and accrue to the
  benefit of the Texas preservation trust fund account.  If such a
  specification is made, the entire amount of the gift or grant may be
  used during any period for the project or type of project specified.
         (f)  The advisory board shall recommend to the commission
  rules for administering this section [Subsections (a)-(e)].
         SECTION 7.02.  Sections 442.015(h), (i), (j), (k), and (l),
  Government Code, are repealed.
         SECTION 7.03.  The comptroller and the Texas Historical
  Commission shall enter into a memorandum of understanding to
  facilitate the conversion of assets of the Texas preservation trust
  fund account into cash for deposit into the state treasury using a
  method that provides for the lowest amount of revenue loss to the
  state.
         SECTION 7.04.  This article takes effect November 1, 2011.
  ARTICLE 8.  FISCAL MATTERS REGARDING OPERATION OF STATE CEMETERY
         SECTION 8.01.  Section 2165.256(a), Government Code, is
  amended to read as follows:
         (a)  The State Cemetery Committee shall oversee all
  operations of the State Cemetery. The committee shall develop a
  budget for the operations of the State Preservation Board
  [commission] relating to the State Cemetery and determine the
  salary of employees of the State Preservation Board [commission]
  whose duties primarily relate to the operation of the State
  Cemetery.
         SECTION 8.02.  Sections 2165.2561(a), (k), (l), (p), (q),
  (r), and (t), Government Code, are amended to read as follows:
         (a)  The State Cemetery Committee is composed of:
               (1)  three voting members appointed as follows:
                     (A)  one member of the general public appointed by
  the governor;
                     (B)  one member of the general public appointed by
  the governor from a list submitted by the lieutenant governor; and
                     (C)  one member of the general public appointed by
  the governor from a list submitted by the speaker of the house of
  representatives; and
               (2)  three nonvoting advisory members appointed as
  follows:
                     (A)  one employee of the Texas Historical
  Commission appointed by the executive director of the Texas
  Historical Commission;
                     (B)  one employee of the State Preservation Board
  [Texas Building and Procurement Commission] appointed by the
  executive director of the State Preservation Board [Texas Building
  and Procurement Commission]; and
                     (C)  one employee of the Parks and Wildlife
  Department appointed by the executive director of the Parks and
  Wildlife Department.
         (k)  The legislature shall separately appropriate money to
  the committee within the appropriations to the State Preservation
  Board [Texas Building and Procurement Commission] for all matters
  relating to the operation of the State Cemetery. Activities
  relating to maintenance of the State Cemetery grounds and monuments
  shall conform to guidelines for historic preservation submitted to
  the committee by the Texas Historical Commission.
         (l)  Funds appropriated to the State Preservation Board
  [Texas Building and Procurement Commission] may be transferred by
  interagency contract for the performance of, at the direction of
  the committee, an act related to the State Cemetery.
         (p)  If the executive director of the State Preservation
  Board [commission] has knowledge that a potential ground for
  removal exists, the executive director shall notify the presiding
  officer of the committee of the potential ground. The presiding
  officer shall then notify the governor and the attorney general
  that a potential ground for removal exists. If the potential ground
  for removal involves the presiding officer, the executive director
  shall notify the next highest ranking officer of the committee, who
  shall then notify the governor and the attorney general that a
  potential ground for removal exists.
         (q)  The executive director of the State Preservation Board
  [commission] or the executive director's designee shall provide to
  members of the committee, as often as necessary, information
  regarding the requirements for office under this chapter, including
  information regarding a person's responsibilities under applicable
  laws relating to standards of conduct for state officers.
         (r)  A person who is appointed to and qualifies for office as
  a member of the committee may not vote, deliberate, or be counted as
  a member in attendance at a meeting of the committee until the
  person completes a training program that complies with this
  subsection. The training program must provide the person with
  information regarding:
               (1)  the legislation that created the State Cemetery
  and the State Cemetery Committee;
               (2)  the programs operated by the committee;
               (3)  the role and functions of the committee;
               (4)  the rules of the committee, with an emphasis on any
  rules that relate to disciplinary and investigatory authority;
               (5)  the current budget for the committee;
               (6)  the results of the most recent formal audit of
  cemetery operations;
               (7)  the requirements of:
                     (A)  the open meetings law, Chapter 551;
                     (B)  the public information law, Chapter 552;
                     (C)  the administrative procedure law, Chapter
  2001; and
                     (D)  other laws relating to public officials,
  including conflict-of-interest laws; and
               (8)  any applicable ethics policies adopted by the
  State Preservation Board [commission], the committee, or the Texas
  Ethics Commission.
         (t)  The committee shall develop and implement policies that
  clearly separate the policymaking responsibilities of the
  committee and the management responsibilities of the executive
  director of the State Preservation Board [commission] and staff of
  the cemetery.
         SECTION 8.03.  (a)  Not later than January 1, 2012, the
  following are transferred from the Texas Facilities Commission to
  the State Preservation Board:
               (1)  the powers, duties, functions, programs, and
  activities of the Texas Facilities Commission relating to the
  operation of the State Cemetery under Sections 2165.256 and
  2165.2561, Government Code;
               (2)  any obligations and contracts of the Texas
  Facilities Commission that are directly related to implementing a
  power, duty, function, program, or activity transferred under this
  subsection; and
               (3)  all property and records in the custody of the
  Texas Facilities Commission that are related to a power, duty,
  function, program, or activity transferred under this subsection
  and all funds appropriated by the legislature for that power, duty,
  function, program, or activity.
         (b)  The executive director of the State Preservation Board
  and the executive director of the Texas Facilities Commission may
  agree by memorandum of understanding to transfer to the State
  Preservation Board any personnel of the Texas Facilities
  Commission whose functions predominantly involve powers, duties,
  obligations, functions, and activities related to the operation of
  the State Cemetery under Sections 2165.256 and 2165.2561,
  Government Code.
         (c)  A reference in law to the Texas Facilities Commission
  that relates to a power, duty, function, program, or activity
  transferred under Subsection (a) of this section means the State
  Preservation Board.
         SECTION 8.04.  The Texas Facilities Commission and the State
  Preservation Board shall enter into a memorandum of understanding
  that:
               (1)  identifies in detail the applicable powers and
  duties that are transferred by this article; and
               (2)  establishes a plan for the identification and
  transfer of the records, personnel, property, and unspent
  appropriations of the Texas Facilities Commission that are used for
  purposes of the commission's powers and duties directly related to
  the operation of the State Cemetery under Sections 2165.256 and
  2165.2561, Government Code.
  ARTICLE 9.  FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY
         SECTION 9.01.  Section 2054.380, Government Code, is amended
  to read as follows:
         Sec. 2054.380.  FEES.  (a)  The department shall set and
  charge a fee to each state agency that receives a service from a
  statewide technology center in an amount sufficient to cover the
  direct and indirect cost of providing the service.
         (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
               (2)  providing shared information resources technology
  services.
         SECTION 9.02.  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
               (2)  providing shared information resources technology
  services.
         SECTION 9.03.  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.  The
  amounts transferred under this subsection may be appropriated to
  the department for:
               (1)  developing statewide information resources
  technology policies; and
               (2)  providing:
                     (A)  shared information resources technology
  services; and
                     (B)  network security services under Chapter 2059
  [statewide network applications account established by Section
  2054.011].
         SECTION 9.04.  This article takes effect immediately if this
  Act 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 article takes effect September 1, 2011.
  ARTICLE 10.  EFFECTIVE DATE
         SECTION  10.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2011.
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