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A BILL TO BE ENTITLED
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AN ACT
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relating to state fiscal matters related to general government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. FISCAL MATTERS REGARDING LEASING CERTAIN STATE |
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FACILITIES |
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SECTION 1.01. The heading to Section 2165.2035, Government |
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Code, is amended to read as follows: |
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Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS |
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AND GARAGES; USE AFTER HOURS. |
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SECTION 1.02. Subchapter E, Chapter 2165, Government Code, |
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is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to |
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read as follows: |
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Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS |
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AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission |
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may lease to a private individual an individual parking space in a |
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state-owned parking lot or garage located in the city of Austin that |
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the commission determines is not needed to accommodate the regular |
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parking requirements of state employees who work near the lot or |
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garage and visitors to nearby state government offices. |
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(b) Money received from a lease under this section shall be |
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deposited to the credit of the general revenue fund. |
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Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS |
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AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission |
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may lease to an institution of higher education or a local |
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government all or a significant block of a state-owned parking lot |
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or garage located in the city of Austin that the commission |
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determines is not needed to accommodate the regular parking |
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requirements of state employees who work near the lot or garage and |
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visitors to nearby state government offices. |
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(b) Money received from a lease under this section shall be |
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deposited to the credit of the general revenue fund. |
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Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before |
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October 1 of each even-numbered year, the commission shall submit a |
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report to the Legislative Budget Board describing the effectiveness |
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of parking programs developed by the commission under this |
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subchapter. The report must, at a minimum, include: |
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(1) the yearly revenue generated by the programs; |
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(2) the yearly administrative and enforcement costs of |
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each program; |
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(3) yearly usage statistics for each program; and |
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(4) initiatives and suggestions by the commission to: |
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(A) modify administration of the programs; and |
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(B) increase revenue generated by the programs. |
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SECTION 1.03. This article takes effect immediately if this |
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Act receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this article takes effect September 1, 2011. |
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ARTICLE 2. FISCAL MATTERS RELATING TO SECRETARY OF STATE |
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SECTION 2.01. Section 405.014, Government Code, is amended |
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to read as follows: |
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Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each |
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session of the legislature the secretary of state shall obtain the |
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bills that have become law. Immediately after the closing of each |
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session of the legislature, the secretary of state shall bind all |
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enrolled bills and resolutions in volumes on which the date of the |
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session is placed. |
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(b) As soon as practicable after the closing of each session |
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of the legislature, the secretary of state shall publish and |
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maintain electronically the bills enacted at that session. The |
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electronic publication must be: |
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(1) indexed by bill number and assigned chapter number |
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for each bill; and |
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(2) made available by an electronic link on the |
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secretary of state's generally accessible Internet website. |
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SECTION 2.02. Subchapter B, Chapter 2158, Government Code, |
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is repealed. |
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SECTION 2.03. The change in law made by this article does |
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not apply to a contract for the publication of the laws of this |
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state entered into before the effective date of this article. |
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SECTION 2.04. This article takes effect immediately if |
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this Act receives a vote of two-thirds of all the members elected |
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to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary |
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for immediate effect, this article takes effect September 1, |
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2011. |
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ARTICLE 3. FISCAL MATTERS REGARDING ATTORNEY GENERAL |
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SECTION 3.01. Section 402.006, Government Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) The attorney general may charge a reasonable fee for the |
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electronic filing of a document. |
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SECTION 3.02. The heading to Section 402.0212, Government |
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Code, is amended to read as follows: |
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Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE |
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COUNSEL; FEES. |
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SECTION 3.03. Section 402.0212, Government Code, is amended |
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by amending Subsections (b) and (c) and adding Subsections (d), |
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(e), and (f) to read as follows: |
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(b) An invoice submitted to a state agency under a contract |
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for legal services as described by Subsection (a) must be reviewed |
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by the attorney general to determine whether the invoice is |
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eligible for payment. |
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(c) An attorney or law firm must pay an administrative fee |
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to the attorney general for the review described in Subsection (b) |
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when entering into a contract to provide legal services to a state |
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agency. |
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(d) For purposes of this section, the functions of a hearing |
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examiner, administrative law judge, or other quasi-judicial |
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officer are not considered legal services. |
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(e) [(c)] This section shall not apply to the Texas Turnpike |
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Authority division of the Texas Department of Transportation. |
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(f) The attorney general may adopt rules as necessary to |
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implement and administer this section. |
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SECTION 3.04. Section 371.051, Transportation Code, is |
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amended to read as follows: |
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Sec. 371.051. ATTORNEY GENERAL REVIEW AND EXAMINATION FEE. |
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(a) A toll project entity may not enter into a comprehensive |
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development agreement unless the attorney general reviews the |
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proposed agreement and determines that it is legally sufficient. |
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(b) A toll project entity shall pay a nonrefundable |
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examination fee to the attorney general on submitting a proposed |
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comprehensive development agreement for review. At the time the |
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examination fee is paid, the toll project entity shall also submit |
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for review a complete transcript of proceedings related to the |
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comprehensive development agreement. |
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(c) If the toll project entity submits multiple proposed |
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comprehensive development agreements relating to the same toll |
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project for review, the entity shall pay the examination fee under |
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Subsection (b) for each proposed comprehensive development |
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agreement. |
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(d) The attorney general shall provide a legal sufficiency |
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determination not later than the 60th business day after the date |
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the examination fee and transcript of the proceedings required |
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under Subsection (b) are received. If the attorney general cannot |
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provide a legal sufficiency determination within the |
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60-business-day period, the attorney general shall notify the toll |
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project entity in writing of the reason for the delay and may extend |
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the review period for not more than 30 business days. |
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(e) After the attorney general issues a legal sufficiency |
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determination, a toll project entity may supplement the transcript |
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of proceedings or amend the comprehensive development agreement to |
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facilitate a redetermination by the attorney general of the prior |
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legal sufficiency determination issued under this section. |
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(f) The toll project entity may collect or seek |
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reimbursement of the examination fee under Subsection (b) from the |
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private participant. |
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(g) The attorney general by rule shall set the examination |
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fee required under Subsection (b) in a reasonable amount and may |
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adopt other rules as necessary to implement this section. The fee |
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may not be set in an amount that is determined by a percentage of the |
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cost of the toll project. The amount of the fee may not exceed |
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reasonable attorney's fees charged for similar legal services in |
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the private sector. |
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SECTION 3.05. The fee prescribed by Section 402.006, |
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Government Code, as amended by this article, applies only to a |
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document electronically submitted to the office of the attorney |
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general on or after the effective date of this article. |
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SECTION 3.06. The fee prescribed by Section 402.0212, |
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Government Code, as amended by this article, applies only to |
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invoices for legal services submitted to the office of the attorney |
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general for review on or after the effective date of this article. |
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SECTION 3.07. The fee prescribed by Section 371.051, |
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Transportation Code, as amended by this article, applies only to a |
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comprehensive development agreement submitted to the office of the |
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attorney general on or after the effective date of this article. |
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SECTION 3.08. The changes in law made by this article apply |
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only to a contract for legal services between a state agency and a |
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private attorney or law firm entered into on or after the effective |
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date of this article. A contract for legal services between a state |
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agency and a private attorney or law firm entered into before the |
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effective date of this article is governed by the law in effect at |
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the time the contract was entered into, and the former law is |
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continued in effect for that purpose. |
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SECTION 3.09. This article takes effect immediately if this |
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Act receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this article takes effect September 1, 2011. |
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ARTICLE 4. TEXAS PRESERVATION TRUST FUND ACCOUNT |
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SECTION 4.01. Subsections (a), (b), and (f), Section |
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442.015, Government Code, are amended to read as follows: |
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(a) Notwithstanding Section [Sections 403.094 and] 403.095, |
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the Texas preservation trust fund account is a separate account in |
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the general revenue fund. The account consists of transfers made to |
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the account, loan repayments, grants and donations made for the |
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purposes of this program, proceeds of sales, income earned |
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[earnings] on money in the account, and any other money received |
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under this section. Money in [Distributions from] the account may |
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be used only for the purposes of this section and [may not be used] |
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to pay operating expenses of the commission. Money allocated to the |
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commission's historic preservation grant program shall be |
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deposited to the credit of the account. Income earned [Earnings] on |
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money in the account shall be deposited to the credit of the |
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account. |
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(b) The commission may use money in [distributions from] the |
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Texas preservation trust fund account to provide financial |
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assistance to public or private entities for the acquisition, |
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survey, restoration, or preservation, or for planning and |
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educational activities leading to the preservation, of historic |
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property in the state that is listed in the National Register of |
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Historic Places or designated as a State Archeological Landmark or |
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Recorded Texas Historic Landmark, or that the commission determines |
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is eligible for such listing or designation. The financial |
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assistance may be in the amount and form and according to the terms |
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that the commission by rule determines. The commission shall give |
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priority to property the commission determines to be endangered by |
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demolition, neglect, underuse, looting, vandalism, or other threat |
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to the property. Gifts and grants deposited to the credit of the |
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account specifically for any eligible projects may be used only for |
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the type of projects specified. If such a specification is not |
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made, the gift or grant shall be unencumbered and accrue to the |
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benefit of the Texas preservation trust fund account. If such a |
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specification is made, the entire amount of the gift or grant may be |
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used during any period for the project or type of project specified. |
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(f) The advisory board shall recommend to the commission |
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rules for administering this section [Subsections (a)-(e)]. |
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SECTION 4.02. Subsections (h), (i), (j), (k), and (l), |
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Section 442.015, Government Code, are repealed. |
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SECTION 4.03. The comptroller of public accounts and the |
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Texas Historical Commission shall enter into a memorandum of |
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understanding to facilitate the conversion of assets of the Texas |
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preservation trust fund account into cash for deposit into the |
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state treasury using a method that provides for the lowest amount of |
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revenue loss to the state. |
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SECTION 4.04. This article takes effect November 1, 2011. |
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ARTICLE 5. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY |
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SECTION 5.01. Section 2054.380, Government Code, is amended |
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to read as follows: |
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Sec. 2054.380. FEES. (a) The department shall set and |
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charge a fee to each state agency that receives a service from a |
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statewide technology center in an amount sufficient to cover the |
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direct and indirect cost of providing the service. |
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(b) Revenue derived from the collection of fees imposed |
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under Subsection (a) may be appropriated to the department for: |
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(1) developing statewide information resources |
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technology policies and planning under this chapter and Chapter |
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2059; and |
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(2) providing shared information resources technology |
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services under this chapter. |
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SECTION 5.02. Subsection (d), Section 2157.068, Government |
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Code, is amended to read as follows: |
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(d) The department may charge a reasonable administrative |
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fee to a state agency, political subdivision of this state, or |
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governmental entity of another state that purchases commodity items |
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through the department in an amount that is sufficient to recover |
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costs associated with the administration of this section. Revenue |
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derived from the collection of fees imposed under this subsection |
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may be appropriated to the department for: |
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(1) developing statewide information resources |
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technology policies and planning under Chapters 2054 and 2059; and |
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(2) providing shared information resources technology |
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services under Chapter 2054. |
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SECTION 5.03. Subsections (a) and (d), Section 2170.057, |
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Government Code, are amended to read as follows: |
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(a) The department shall develop a system of billings and |
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charges for services provided in operating and administering the |
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consolidated telecommunications system that allocates the total |
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state cost to each entity served by the system based on |
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proportionate usage. The department shall set and charge a fee to |
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each entity that receives services provided under this chapter in |
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an amount sufficient to cover the direct and indirect costs of |
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providing the service. Revenue derived from the collection of fees |
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imposed under this subsection may be appropriated to the department |
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for: |
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(1) developing statewide information resources |
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technology policies and planning under Chapters 2054 and 2059; and |
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(2) providing: |
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(A) shared information resources technology |
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services under Chapter 2054; and |
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(B) network security services under Chapter |
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2059. |
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(d) The department shall maintain in the revolving fund |
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account sufficient amounts to pay the bills of the consolidated |
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telecommunications system and the centralized capitol complex |
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telephone system. The department shall certify amounts that exceed |
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this amount to the comptroller, and the comptroller shall transfer |
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the excess amounts to the credit of the general revenue fund. The |
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amounts transferred under this subsection may be appropriated to |
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the department for the purposes described by Subsections (a)(1) and |
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(2) [statewide network applications account established by Section
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2054.011]. |
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SECTION 5.04. This article takes effect immediately if this |
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Act receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this article takes effect September 1, 2011. |
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ARTICLE 6. HANDLING FEES IMPOSED BY COMPTROLLER FOR PROCESSING |
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UNCLAIMED PROPERTY |
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SECTION 6.01. Section 74.509, Property Code, is amended to |
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read as follows: |
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Sec. 74.509. HANDLING FEE FOR PROCESSING UNCLAIMED |
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PROPERTY. (a) The comptroller shall deduct from each approved |
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claim a handling fee of 10 percent of the amount of the claim and |
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retain the fee in the general revenue fund [A handling fee may be
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deducted from the amount of the claim payment] if the approved claim |
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[payment] is at least $100. A fee assessed under this subsection |
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may not exceed a total amount of $1,000. |
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(b) Subject to legislative appropriation, the comptroller |
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may use the retained handling fees to pay the costs to process |
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unclaimed property claims. |
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ARTICLE 7. CONTINUING LEGAL EDUCATION REQUIREMENTS FOR ATTORNEY |
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EMPLOYED BY ATTORNEY GENERAL |
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SECTION 7.01. Section 81.113, Government Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) The state bar shall credit an attorney licensed in |
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this state with meeting the minimum continuing legal education |
|
requirements of the state bar for a reporting year if during the |
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reporting year the attorney is employed full-time as an attorney by |
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the office of the attorney general. An attorney credited for |
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continuing legal education under this subsection must meet the |
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continuing legal education requirements of the state bar in legal |
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ethics or professional responsibility. This subsection expires |
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January 1, 2014. |
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SECTION 7.02. Subchapter A, Chapter 402, Government Code, |
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is amended by adding Section 402.010 to read as follows: |
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Sec. 402.010. CONTINUING LEGAL EDUCATION PROGRAMS. The |
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office of the attorney general shall recognize, prepare, or |
|
administer continuing legal education programs that meet |
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continuing legal education requirements imposed under Section |
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81.113(c) for the attorneys employed by the office. This section |
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expires January 1, 2014. |
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SECTION 7.03. Section 81.113, Government Code, as amended |
|
by this article, applies only to the requirements for a continuing |
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legal education compliance year that ends on or after September 1, |
|
2011. The requirements for continuing legal education for a |
|
compliance year that ends before September 1, 2011, are covered by |
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the law and rules in effect when the compliance year ended, and that |
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law and those rules are continued in effect for that purpose. |
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ARTICLE 8. REGISTRATION FEE AND REGISTRATION RENEWAL FEE FOR |
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LOBBYISTS |
|
SECTION 8.01. Subsection (c), Section 305.005, Government |
|
Code, is amended to read as follows: |
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(c) The registration fee and registration renewal fee are: |
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(1) $150 [$100] for a registrant employed by an |
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organization exempt from federal income tax under Section 501(c)(3) |
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or 501(c)(4), Internal Revenue Code of 1986; |
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(2) $75 [$50] for any person required to register |
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solely because the person is required to register under Section |
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305.0041 [of this chapter]; or |
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(3) $750 [$500] for any other registrant. |
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ARTICLE 9. ASSESSMENT OF PREMIUM DIFFERENTIAL ON CERTAIN PUBLIC |
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EMPLOYEES WHO USE TOBACCO |
|
SECTION 9.01. Subchapter G, Chapter 1551, Insurance Code, |
|
is amended by adding Section 1551.3075 to read as follows: |
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Sec. 1551.3075. TOBACCO USER PREMIUM DIFFERENTIAL. |
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(a) The board of trustees shall assess each participant in a |
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health benefit plan provided under the group benefits program who |
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uses one or more tobacco products a tobacco user premium |
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differential, to be paid in monthly installments. Except as |
|
provided by Subsection (b), the board of trustees shall determine |
|
the amount of the monthly installments of the premium differential. |
|
(b) If the General Appropriations Act for a state fiscal |
|
biennium sets the amount of the monthly installments of the tobacco |
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user premium differential for that biennium, the board of trustees |
|
shall assess the premium differential during that biennium in the |
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amount prescribed by the General Appropriations Act. |
|
SECTION 9.02. Section 1551.314, Insurance Code, is amended |
|
to read as follows: |
|
Sec. 1551.314. CERTAIN STATE CONTRIBUTIONS PROHIBITED. A |
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state contribution may not be: |
|
(1) made for coverages under this chapter selected by |
|
an individual who receives a state contribution, other than as a |
|
spouse, dependent, or beneficiary, for coverages under a group |
|
benefits program provided by an institution of higher education, as |
|
defined by Section 61.003, Education Code; or |
|
(2) made for or used to pay a tobacco user premium |
|
differential assessed under Section 1551.3075. |
|
SECTION 9.03. The board of trustees of the Employees |
|
Retirement System of Texas shall implement the tobacco user premium |
|
differential required under Section 1551.3075, Insurance Code, as |
|
added by this article, not later than January 1, 2012. |
|
ARTICLE 10. REGIONAL POISON CONTROL CENTER MANAGEMENT CONTROLS |
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AND EFFICIENCY |
|
SECTION 10.01. Section 777.001, Health and Safety Code, is |
|
amended by amending Subsections (a) and (c) and adding Subsection |
|
(d) to read as follows: |
|
(a) The following medical facilities may be [Six regional
|
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centers for poison control are] designated by the Commission on |
|
State Emergency Communications as the regional poison control |
|
centers for the state [as follows]: |
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(1) The University of Texas Medical Branch at |
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Galveston; |
|
(2) the Dallas County Hospital District/North Texas |
|
Poison Center; |
|
(3) The University of Texas Health Science Center at |
|
San Antonio; |
|
(4) the University Medical Center of El Paso, El Paso |
|
County Hospital District; |
|
(5) the Texas Tech University Health Sciences Center |
|
at Amarillo; and |
|
(6) Scott and White Memorial Hospital, Temple, Texas. |
|
(c) The Commission on State Emergency Communications may |
|
standardize the operations of and implement management controls to |
|
improve the efficiency of regional poison control centers [vote to
|
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designate a seventh regional or satellite poison control center in
|
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Harris County.
That poison control center is subject to all
|
|
provisions of this chapter and other law relating to regional
|
|
poison control centers]. |
|
(d) If the Commission on State Emergency Communications |
|
implements management controls under Subsection (c), the |
|
commission shall submit to the governor and the Legislative Budget |
|
Board a plan for implementing the controls not later than October |
|
31, 2011. This subsection expires January 1, 2013. |
|
SECTION 10.02. Subsection (b), Section 777.008, Health and |
|
Safety Code, is amended to read as follows: |
|
(b) The committee is composed of: |
|
(1) one public member appointed by the Commission on |
|
State Emergency Communications; |
|
(2) one member [six members who represent the six
|
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regional poison control centers, one] appointed by the chief |
|
executive officer of each designated regional poison control center |
|
to represent that center; |
|
(3) one member appointed by the commissioner of the |
|
Department of State Health Services; and |
|
(4) one member who is a health care professional |
|
designated as the poison control program coordinator appointed by |
|
the Commission on State Emergency Communications. |
|
ARTICLE 11. AUTHORIZED USES FOR CERTAIN DEDICATED PERMANENT FUNDS |
|
IN STATE TREASURY |
|
SECTION 11.01. Section 403.105, Government Code, is amended |
|
by amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) Except as provided by Subsections (b-1), (c), (e), (f), |
|
and (h), money in the fund may not be appropriated for any purpose. |
|
(b-1) Notwithstanding the limitations and requirements of |
|
Section 403.1068, the legislature may appropriate money in the |
|
fund, including the corpus and available earnings of the fund |
|
determined under Section 403.1068, to pay the principal of or |
|
interest on a bond issued for the purposes of Section 67, Article |
|
III, Texas Constitution. This subsection does not authorize the |
|
appropriation under this subsection of money subject to a |
|
limitation or requirement as described by Subsection (e) that is |
|
not consistent with the use of the money in accordance with this |
|
subsection. |
|
SECTION 11.02. Section 403.1055, Government Code, is |
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
read as follows: |
|
(b) Except as provided by Subsections (b-1), (c), (e), (f), |
|
and (h), money in the fund may not be appropriated for any purpose. |
|
(b-1) Notwithstanding the limitations and requirements of |
|
Section 403.1068, the legislature may appropriate money in the |
|
fund, including the corpus and available earnings of the fund |
|
determined under Section 403.1068, to pay the principal of or |
|
interest on a bond issued for the purposes of Section 67, Article |
|
III, Texas Constitution. This subsection does not authorize the |
|
appropriation under this subsection of money subject to a |
|
limitation or requirement as described by Subsection (e) that is |
|
not consistent with the use of the money in accordance with this |
|
subsection. |
|
SECTION 11.03. Section 403.106, Government Code, is amended |
|
by amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) Except as provided by Subsections (b-1), (c), (e), (f), |
|
and (h), money in the fund may not be appropriated for any purpose. |
|
(b-1) Notwithstanding the limitations and requirements of |
|
Section 403.1068, the legislature may appropriate money in the |
|
fund, including the corpus and available earnings of the fund |
|
determined under Section 403.1068, to pay the principal of or |
|
interest on a bond issued for the purposes of Section 67, Article |
|
III, Texas Constitution. This subsection does not authorize the |
|
appropriation under this subsection of money subject to a |
|
limitation or requirement as described by Subsection (e) that is |
|
not consistent with the use of the money in accordance with this |
|
subsection. |
|
SECTION 11.04. 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 12. USE OF TEXAS ENTERPRISE FUND FOR TEXAS HOMELESS |
|
HOUSING AND SERVICES PROGRAM |
|
SECTION 12.01. Section 481.078, Government Code, is amended |
|
by amending Subsection (c) and adding Subsections (d-1) and (d-2) |
|
to read as follows: |
|
(c) Except as provided by Subsections [Subsection] (d) and |
|
(d-1), the fund may be used only for economic development, |
|
infrastructure development, community development, job training |
|
programs, and business incentives. |
|
(d-1) The fund may be used for the Texas homeless housing |
|
and services program administered by the Texas Department of |
|
Housing and Community Affairs. Subsections (e-1), (f), (g), (h), |
|
(i), and (j) and Section 481.080 do not apply to a grant awarded for |
|
a purpose specified by this subsection. |
|
(d-2) The fund may be used for the Jobs and Education for |
|
Texans Fund established under Chapter 403. Subsections (e-1), (f), |
|
(g), (h), (i), and (j) and Section 481.080 do not apply to a grant |
|
awarded for a purpose specified by this subsection. |
|
SECTION 12.02. Section 481.079, Government Code, is amended |
|
by adding Subsection (a-1) to read as follows: |
|
(a-1) For grants awarded for a purpose specified by Section |
|
481.078(d-1), the report must include only the amount and purpose |
|
of each grant. |
|
SECTION 12.03. 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 13. DEBT ISSUANCE AUTHORITY OF AND FUNDING FOR CANCER |
|
PREVENTION AND RESEARCH INSTITUTE OF TEXAS |
|
SECTION 13.01. Subchapter C, Chapter 1232, Government Code, |
|
is amended by adding Section 1232.1221 to read as follows: |
|
Sec. 1232.1221. COMMENCEMENT OF CERTAIN MULTIYEAR |
|
CANCER-RELATED PROJECTS. (a) Funds may be distributed to a grant |
|
recipient for a multiyear project for which an award is granted by |
|
the Cancer Prevention and Research Institute of Texas Oversight |
|
Committee as authorized by Section 102.257, Health and Safety Code, |
|
after the authority has certified that obligations in an amount |
|
sufficient to pay the money needed to fund the project have been |
|
authorized for issuance by the authority and approved by the Bond |
|
Review Board. |
|
(b) After issuing the obligations, the board shall: |
|
(1) pay the costs of the issuance and any related bond |
|
administrative costs of the authority; |
|
(2) certify to the Cancer Prevention and Research |
|
Institute of Texas and to the comptroller that the proceeds from the |
|
issuance are available; and |
|
(3) deposit the proceeds into the state treasury to be |
|
credited to the account of the Cancer Prevention and Research |
|
Institute of Texas. |
|
SECTION 13.02. Subsections (b) and (c), Section 102.201, |
|
Health and Safety Code, are amended to read as follows: |
|
(b) The cancer prevention and research fund consists of: |
|
(1) patent, royalty, and license fees and other income |
|
received under a contract entered into as provided by Section |
|
102.255; |
|
(2) appropriations of money to the fund by the |
|
legislature, except that the appropriated money may not include the |
|
proceeds from the issuance of bonds authorized by Section 67, |
|
Article III, Texas Constitution; |
|
(3) gifts, grants, including grants from the federal |
|
government, and other donations received for the fund; and |
|
(4) interest earned on the investment of money in the |
|
fund. |
|
(c) The fund may be used only to pay for: |
|
(1) grants for cancer research and for cancer research |
|
facilities in this state to realize therapies, protocols, and |
|
medical procedures for the cure or substantial mitigation of all |
|
types of cancer in humans; |
|
(2) the purchase, subject to approval by the |
|
institute, of laboratory facilities by or on behalf of a state |
|
agency or grant recipient; |
|
(3) grants to public or private persons to implement |
|
the Texas Cancer Plan; |
|
(4) the operation of the institute; [and] |
|
(5) grants for cancer prevention and control programs |
|
in this state to mitigate the incidence of all types of cancer in |
|
humans; and |
|
(6) debt service on bonds issued as authorized by |
|
Section 67, Article III, Texas Constitution. |
|
SECTION 13.03. Section 102.257, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 102.257. MULTIYEAR PROJECTS. The oversight committee |
|
may grant funds for a multiyear project. The oversight committee |
|
must specify the total amount of [All the] money approved [needed] |
|
to fund the [a] multiyear project. The total amount specified is |
|
considered for purposes of Section 102.253 to have been [must be] |
|
awarded in the state fiscal year that the project is approved by the |
|
research and prevention programs committee. The institute shall |
|
distribute only the money that will be expended during that fiscal |
|
year. The institute may maintain the remaining money needed in each |
|
subsequent fiscal year [shall be maintained] in an escrow account |
|
to be distributed by the institute as the money is needed [in
|
|
subsequent years of the project]. |
|
SECTION 13.04. The changes in law made by this article apply |
|
only to a grant of funds for a multiyear project by the Cancer |
|
Prevention and Research Institute of Texas Oversight Committee as |
|
authorized by Section 102.257, Health and Safety Code, as amended |
|
by this article, made on or after June 1, 2011. A grant of funds for |
|
a multiyear project made before that date is governed by the law in |
|
effect on the date the grant was made, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 13.05. 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 14. EFFECTIVE DATE |
|
SECTION 14.01. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2011. |