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Changes to Article IX of the GAA and Other Bills of Interest to State Agencies

FPP F.008

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Other Bills of Interest to State Agencies – House Bills

House Bill (HB) 2

Relating to making supplemental appropriations and reductions in appropriations and giving direction and adjustment authority regarding appropriations. [+]

Author: Bonnen

Effective Date: June 18, 2021

This bill makes supplemental appropriation increases and reductions for various state agencies. See Processing Supplemental Appropriations and Reductions (FPP A.047).

HB 29

Relating to authorizing the provision of temporary secure storage for weapons at certain public buildings; authorizing fees. [+]

Author: Swanson, et al.

Effective Date: Sept. 1, 2021

This bill authorizes state agencies to provide temporary secure storage of weapons in buildings under their control for a person who is prohibited from carrying a weapon in that building or portion of the building. The bill allows a state agency to collect a fee for the use of the temporary secure weapon storage.

HB 315

Relating to the purchasing of the uniform of certain honorably retired or medically discharged peace officers. [+]

Author: VanDeaver, et al.

Effective Date: Sept. 1, 2021

This bill authorizes an individual, or the nearest surviving relative of an individual, to purchase a uniform from a state agency if:

  • The individual is a peace officer commissioned by the agency.
  • The individual is honorably retired or medically discharged under conditions other than dishonorable from the individual’s commission by the agency;
  • The uniform previously had been issued to the individual by the agency.

The agency must establish the amount, which cannot exceed fair market value, for which a uniform can be purchased. An individual who purchases a uniform can be buried in it.

HB 692

Relating to retainage requirements for certain public works construction projects. [+]

Author: Shine, et al.

Effective Date: June 15, 2021

This bill requires government entities, including state agencies and institutions, to include in each public works contract a provision that establishes the circumstances under which a project is considered substantially complete and under which the entity can release all or a portion of retainage for substantially or fully completed portions of the project. The bill also establishes provisions governing the amount of retainage, when it can be withheld, and how it is to be handled in cases of disputes.

HB 1118

Relating to state agency and local government compliance with cybersecurity training requirements. [+]

Author: Capriglione

Effective Date: May 18, 2021

This bill requires a state agency’s strategic plan to include a written certification of compliance with cybersecurity training requirements for the agency’s employees and officers and certain state contractors. This provision applies only to a strategic plan submitted on or after Jan. 1, 2022. The bill also removes the annual cybersecurity training requirement for state agency employees and officials who are granted:

  • Military leave.
  • Leave under the federal Family and Medical Leave Act of 1993.
  • Leave covered by workers’ compensation benefits or any other type of extended leave or authorization to work from an alternative work site if the employee no longer has access to the state agency’s or local government’s database and systems.

HB 1322

Relating to a summary of a rule proposed by a state agency. [+]

Author: Shaheen, et al.

Effective Date: Sept. 1, 2021

This bill requires a state agency to publish a plain-language summary of a proposed rule on its website at the time it files a 30-day notice of the proposed rule. The summary must be in English and Spanish and written in a way the general public can readily understand.

HB 1476

Relating to a vendor’s remedies for nonpayment of a contract with this state or a political subdivision of this state. [+]

Author: Bell, Keith, et al.

Effective Date: Sept. 1, 2021

This bill requires a state agency or institution to notify a vendor of any disputed amount in an invoice submitted for payment by the vendor within 21 days after receiving the invoice. The notice must include a detailed statement of the disputed amount. The agency or institution may withhold no more than 110% of the disputed amount from required payments.

HB 1585

Relating to the operations and functions of the Teacher Retirement System of Texas. [+]

Author: Lambert, et al.

Effective Date: May 26, 2021

This bill makes changes to the operations and functions of the Teacher Retirement System (TRS). Some of the major provisions of the bill include:

  • The bill requires TRS to develop a communication and outreach plan to better help members plan for retirement.
  • The bill adjusts penalties to reduce the impact on certain TRS retirees who return to work and exceed existing limitations.
  • The bill requires TRS to make improved efforts to return contributions to inactive members before the funds are forfeited.
  • The bill requires the TRS board of trustees to appoint an ombudsman who will:
    • Monitor the agency’s interactions with members.
    • Investigate complaints.
    • Recommend changes to agency operations to better assist members.

HB 1589

Relating to paid leave for public officers and employees engaged in certain military service. [+]

Author: Davis, et al.

Effective Date: Sept. 1, 2021

This bill entitles certain public officers and employees who are members of the Texas military forces, a reserve component of the armed forces, or a member of a state or federally authorized urban search and rescue team to a paid leave of absence if called to active duty during a disaster.

HB 2063

Relating to the establishment of a state employee family leave pool. [+]

Author: Ordaz Perez, et al.

Effective Date: Sept. 1, 2021

This bill establishes the state employee family leave program, allowing state employees to apply for leave time under a family leave pool. The governing body of a state agency or institution will establish the program, which will allow employees to voluntarily transfer their earned sick or vacation leave to the pool. A state employee is eligible to use time contributed to their state agency’s family leave pool if the employee has exhausted their eligible compensatory, discretionary, sick and vacation leave because of:

  • The birth of a child.
  • The placement of a foster child or adoption of a child younger than 18 years of age.
  • The placement of any person at least 18 years of age requiring guardianship.
  • A serious illness to an immediate family member or the employee, including a pandemic-related illness.
  • An extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member.
  • A previous donation of time to the pool.

HB 2581

Relating to civil works projects and other construction projects of government entities. [+]

Author: Kacal

Effective Date: Sept. 1, 2021

This bill requires all government entities, rather than just state agencies and institutions, to publish a detailed methodology for scoring each criterion when using a method other than competitive bidding for construction contracts. After the contract is awarded, an offeror who submits a bid, proposal or response to a request for qualifications for a construction contract may make a written request to the agency or institution to provide documents related to the evaluation of the offeror’s submission. The government entity must deliver the documents within 30 days of the request. The bill also requires an agency or institution using a competitive sealed proposal method to make public the evaluations, including any scores, and provide them to all offerors within seven business days after the contract is awarded.

HB 2622

Relating to the enforcement of certain federal laws regulating firearms, firearm accessories and firearm ammunition in the state of Texas. [+]

Author: Holland, et al.

Effective Date: Sept. 1, 2021

This bill prohibits state and local governments from contracting with or assisting federal agencies in enforcing exclusively federal firearms laws. The bill also prohibits state and local governments from adopting rules, orders, ordinances or policies that require enforcement of exclusively federal firearms laws and removes any state grant funds from local government who violate this provision of the bill.

HB 2896

Relating to the creation and re-creation of funds and accounts, the dedication and rededication of revenue and allocation of accrued interest on dedicated revenue, and the exemption of unappropriated money from use for general governmental purposes. [+]

Author: Bonnen

Effective Date: June 16, 2021

This bill abolishes all funds, accounts and revenue dedications created by the 87th Legislature, Regular Session, unless specifically exempted under separate sections of this bill. Any funds, accounts or revenue dedications abolished under this bill will be deposited to the credit of the General Revenue Fund.

If an agency has a contingency appropriation in the GAA from an abolished fund or account, the appropriation will be established in the General Revenue Fund. Otherwise, the revenue will be deposited as unappropriated general revenue.

The bill exempts a number of funds and accounts from abolishment, including trust funds, bond funds, funds required by federal law and constitutional funds created by the 87th Legislature.

The bill extends the time period from Aug. 31, 2021, to Aug. 31, 2023, to allow the Legislature to direct the Comptroller’s office to make reductions in dedicated accounts in amounts by which estimated revenues and unobligated balances exceed appropriations. CPA is providing additional guidance on this issue separately. See Funds Consolidation: Limits on New General Revenue Accounts, Special Funds and Dedications of Revenue (FPP A.046).

HB 3130

Relating to state agency contracts for internet application development. [+]

Author: Capriglione

Effective Date: Sept. 1, 2021

This bill requires a state agency to notify DIR of its intent to bid with a third party for the development of native mobile applications that duplicate a function of the state electronic internet portal.

HB 3388

Relating to information regarding state agency vehicle fleets. [+]

Author: Thompson, Ed

Effective Date: June 18, 2021

This bill requires a state agency with a fleet of more than 2,500 vehicles to establish and maintain a reporting system to assist in the management of its fleet. Such a state agency is exempt from submitting quarterly reports to the Office of Vehicle Fleet Management (Office), and instead must submit the information the Office requests regarding the agency's vehicle fleet by Oct. 15 of each year for the previous fiscal year. Such agencies also are exempt from paying any fee to the Office for maintaining the Office’s vehicle reporting system. These agencies must establish a vehicle reporting system by Oct. 1, 2021, and submit the first report by Oct. 15, 2021, or a later date determined by the Office.

HB 4018

Relating to legislative oversight and funding of improvement and modernization projects for state agency information resources. [+]

Author: Capriglione, et al.

Effective Date: June 18, 2021

This bill creates the Technology Improvement and Modernization Fund in the state’s treasury. The fund consists of appropriations; money received from the federal government for the purposes of improving and modernizing state agency information resources; gifts, grants, and donations; and earned interest. Money in the fund is to be used to improve and modernize state agency information resources, including legacy system and cybersecurity projects.

The bill also establishes a joint oversight committee on investment in information technology (IT) improvement and modernization projects. The committee will report to the legislature on projects to improve or modernize state agency information technology systems, the method of funding and amount necessary to fully fund each project, and strategies to ensure a long-term investment solution for IT projects, including strategies to access federal funding. The bill abolishes the committee on Sept. 1, 2026.

The bill requires each state agency to prepare a plan for transitioning the agency’s IT services and capabilities into a more modern and effective technological environment. The plan must be submitted to DIR, the committee and the Legislature.