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

Issued: Oct. 10, 2005
Updated: Aug. 13, 2021 – View Changes

FPP F.008

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Overview

Applicable to

State agencies and institutions of higher education.

Summary

The 87th Legislature, Regular Session, made numerous changes, additions and deletions to Article IX of the General Appropriations Act (GAA), which was Senate Bill (SB) 1. This fiscal policy and procedure (FPP) summarizes changes impacting payroll, purchase, travel and other provisions. These provisions take effect Sept. 1, 2021.

See the Conference Committee Report on SB 1 for the full text of all provisions included in Article IX. The information here is not a complete analysis of the provisions discussed. Additional FPPs concerning various provisions will be provided separately.

This FPP also summarizes major bills passed during the regular session that affect multiple agencies. Carefully read the full text of the bills summarized here to determine how they may affect your agency. In addition, note that other bills may also impact your agency.

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Changes to Article IX of the General Appropriations Act —
Senate Bill 1, 87th Legislature, Regular Session, 2021

Part 2. Provisions Relating to the Position Classification Plan

Section 2.01 – Position Classification Plan. Detailed Listing of Classified Positions for the 2022-2023 Biennium [+]

This section contains the numerical listing of all classified positions by class number, position title, salary schedule (A, B or C) and salary group number. The listing includes classified titles that have been added and/or have title changes for the biennium. The State Auditor’s Office (SAO) has provided agencies with a conversion manual for these changes. The job classifications are designated to the appropriate pay group in the proper salary schedule (A, B or C).

Section 2.01 – Classification Salary Schedule [+]

Pay group A21 is added to the schedule. In addition, all pay groups and steps in Schedule C are increased.

Part 6. General Limitations on Expenditures

Section 6.08 – Benefits Paid Proportional by Method of Finance [+]

Paragraph (k) is new. It requires the University of Texas Medical Branch at Galveston and Texas Tech University Health Services Center, with regard to correctional health care services, and The University of Texas Health Science Center at Houston, with regard to the operation of the Harris County Psychiatric Center, to disclose information on the amount of interagency contract proceeds used to pay salaries and wages as well as the associated general revenue benefits for the specified programs, in accordance with the policies developed and maintained by the Legislative Budget Board (LBB) and the SAO to provide for the administration of Article IX, Section 6.08.

Section 6.10 – Limitations on State Employment Levels [+]

This section revised language for clarity. There are no substantive changes.

Section 6.24 – Limitation on Abortion Funding (formerly section 6.25)

Part 7. Reporting Requirements

Section 7.10 – Border Security (formerly section 7.11) [+]

Paragraph (c) adds to the reporting requirements the semiannual total number of border security-related apprehensions and arrests made by or assisted with state law enforcement personnel.

Section 7.11 – Notification of Certain Purchases or Contract Awards, Amendments and Extensions (formerly section 7.12) [+]

Paragraph (c) changes when state agencies and institutions of higher education must notify the LBB with regard to: (1) contracts with an expected value over $10 million; (2) emergency contracts with an expected value over $1 million; and (3) non-competitively procured contracts with an expected value over $1 million. The notification time is changed from no later than 30 calendar days after the date of contract award to within 15 calendar days of contract award. The notification time for contracts awarded as a result of an emergency is changed from within 48 hours of making a payment to within five calendar days of contract award.

Section 7.12 – Document Production Standards (formerly section 7.13) [+]

This section removes the requirement that agencies must report any cost savings or other efficiencies achieved from implementing changes to document transmission and production practices in the agency's legislative appropriations request.

Part 8. Other Appropriation Authority

Section 8.02 – Reimbursements and Payments [+]

Paragraph (f) adds that if an agency recovers federal money through a recovery audit, the payment made to the recovery audit consultant must be made from the agency’s current appropriation items from non-federal methods of finance, unless the rules of the federal program allow payment from the recovered federal funds. As applicable, federal reimbursements received for such expenditures of state funds must be credited to the funds the expenditures were originally made from.

Section 8.16 – Deaccessioned Items (New) [+]

This section appropriates for use by a state agency all receipts collected from the sale of deaccessioned items for which the Texas Comptroller of Public Accounts (Comptroller’s office) deposited the receipts to the appropriate dedicated account. The appropriated funds may be used as determined by the agency for the purposes of the care and preservation of the agency’s qualifying collection.

Part 9. Information Resources Provisions

Section 9.04 – Information Technology Replacement [+]

Paragraph (c) adds the requirement that the Department of Information Resources (DIR) must coordinate the bulk purchase of any additional information technology commodity items that may produce cost savings from bulk purchases.

Part 10. Health-Related Provisions

Section 10.04 – Statewide Behavioral Health Strategic Plan and Coordinated Expenditures [+]

Paragraphs (e) and (f) are new. No later than Jan. 15, 2023, the coordinating council must submit a report to the executive commissioner of the Health and Human Services Commission and the LBB regarding the coordinating council's thorough review and complete vetting of all behavioral health exceptional items submitted with each agency's legislative appropriation request. The coordinating council must also provide an update to the report on suicide and suicide prevention in Texas required by HB 3980, 86th Legislature, Regular Session, 2019.

Part 11. Provisions Related to Real Property

Section 11.05 – State Agency Emergency Leases [+]

This section clarifies when an agency’s appropriations must be reduced as the result of an emergency lease.

Part 13. Federal Funds

Section 13.01 – Federal Funds/Block Grants [+]

This section specifically excludes from appropriation funds received from: the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) for the Coronavirus State Fiscal Recovery Fund, except for funds appropriated through Section 603; the Coronavirus Local Fiscal Recovery Fund of the same act; the Coronavirus Capital Projects Fund; any federal funds made available under the American Jobs Act or similar federal legislation enacted after the 87th Legislature, Regular Session, adjourns.

Section 13.02 – Report of Additional Funding [+]

This section adds institutions of higher education to the entities that must request permission from the LBB and the governor to expend funds over $10 million appropriated under Section 13.01.

Paragraph (a) removes the chair of the House Select Committee on State and Federal Power and Responsibility as a person who must be notified by the agency or institution.

Paragraph (c) clarifies that paragraph (a) and (b) do not need to be followed in the event of a disaster proclamation by the governor.

Paragraphs (d) and (e) are new. Section 13.03, Report of Expanded Operational Capacity, from the previous GAA is incorporated into this section under these paragraphs. Institutions are added to the entities that must report their operational capacity for expanded federal programs. The reporting criteria is changed from “an existing federal program that previously granted an agency $10 million or more per year and increases its grant by at least 1000%” to one that “increases its grant by at least 100%.”

Section 13.03 – Reports to Comptroller (formerly section 13.04)

Section 13.04 – Deposit and Expenditure Limitations (formerly section 13.05)

Section 13.05 – Reimbursements From Federal Funds (formerly section 13.06)

Section 13.06 – Limitations on Classified Positions (formerly section 13.07)

Section 13.07 – Funding Reductions (formerly section 13.08)

Section 13.08 – Unexpended Balances (formerly section 13.09)

Section 13.09 – Temporary Assistance for Needy Families (TANF), Social Services Block Grant (SSBG) or Child Care and Development Block Grant (CCDBG) (formerly section 13.10)

Section 13.10 – Definition, Appropriation, Reporting and Audit of Earned Federal Funds (formerly section 13.11)

Section 13.11 – Reporting of Federal Homeland Security Funding (formerly section 13.12)

Part 14. Agency Discretionary Transfer Provisions

Section 14.01 – Appropriation Transfers [+]

Paragraph (c) adds that the request for approval to exceed the 20% discretionary transfer authority must be submitted by the chief administrative officer if the agency does not have a governing board or if the governing board has not met.

Section 14.03 – Transfers – Capital Budget [+]

Paragraph (b) adds that the request for approval to exceed transfer limitation on capital budget expenditures under paragraph (h) must be submitted by the chief administrative officer if the agency does not have a governing board or if the governing board has not met.

Paragraph (h) adds that an agency may transfer appropriations for data center consolidation or data center services after obtaining written approval from the LBB.

Part 17. Miscellaneous Provisions

Section 17.07 – Use of the Sporting Goods Sales Tax Transfer to the General Revenue-Dedicated State Parks Account No. 64 (formerly section 17.08)

Section 17.08 – Reporting Requirement for Funds Held Outside the Treasury (formerly section 17.09)

Section 17.09 – Contract Management and Oversight (formerly section 17.10)

Section 17.10 – Energy Efficiency Savings for State Facilities (formerly section 17.11)

Section 17.11 – Human Trafficking Prevention Coordinating Council (formerly section 17.12)

Section 17.12 – Reports on Interagency Contracts (formerly section 17.13)

Section 17.13 – Realtime Captioning of Open Meetings (formerly section 17.14)

Section 17.14 – Information Listing of Program Funding (formerly section 17.15)

Section 17.16 – Contact Tracing (New) [+]

This section forbids any funds appropriated by the GAA to be used for the purpose of contact tracing of COVID-19.

Section 17.17 – Reporting: Texas Opioid Settlement Receipts (New) [+]

This section requires any state agency or institution that receives funds from litigation involving opioids to report to the LBB, the speaker of the House, the office of the lieutenant governor, the House Appropriations Committee and the Senate Finance Committee within 15 calendar days of the receipt of the funds, stating the amount of funds received, the date on which the funds are received, the purposes for which the funds are to be expended, and any other information requested by the LBB.

Section 17.19 – Agency’s Participation in Master Lease Purchase Program (New) [+]

This section specifies that it is the intent of the Legislature that all agencies participate in the Master Lease Purchase Program to the extent that the program will be the most cost-effective type of financing when using a lease purchase method to acquire capital assets.

Deleted Sections

The sections listed below, referenced by section number as listed in Article IX, House Bill 1, 86th Legislature, Regular Session, appear to be deleted from Article IX, Senate Bill 1, 87th Legislature, Regular Session.

Page Section Title and Description SB 1, 85th Legislature, Regular Session
IX-33 Section 6.24 Notification Requirement for Certain RESTORE Act Funds

This section required any agency that intended to expend at least $1 million for a project or program using funds related to the RESTORE Act Direct Component to notify the LBB in a timely manner before making any such expenditure.

IX-37 Section 7.10 Reporting Requirement for Deepwater Horizon Oil Spill Funds

This section required any state agency or institution that received, expended or administered funds, appropriations or donations related to the Deepwater Horizon oil spill to submit reports at the end of each fiscal quarter to the LBB.

IX-62 Section 13.03 Report of Expanded Operational Capacity

This section required each agency to report their operational capacity for expanded federal programs. This section was incorporated into 13.02.

IX-79 Section 17.07 Border Security

This section provided an informational list of the amounts appropriated elsewhere for border security.

Note: As in the past, some of the provisions of Article IX have been renumbered. The LBB staff recommendations provide drafter’s notes that could assist in finding those items that were moved but had no substantive changes.

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;
    and
  • 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.
    or
  • 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.
      and
    • 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.
    or
  • 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.

Other Bills of Interest to State Agencies – Senate Bills

SB 13

Relating to state contracts with and investments in certain companies that boycott energy companies. [+]

Author: Birdwell, et al.

Effective Date: Sept. 1, 2021

This bill prohibits state agencies from contracting with or investing in financial companies that boycott fossil fuel-based energy firms. The bill requires the Comptroller’s office to prepare, maintain and provide a list of all financial companies that boycott energy companies to each government entity. The bill does not apply to government entities that determine the requirements are inconsistent with constitutional or statutory duties related to the issuance, incurrence or management of debt obligations, or the deposit, custody, management, borrowing or investment of funds.

SB 19

Relating to prohibited contracts with companies that discriminate against the firearm or ammunition industries. [+]

Author: Schwertner, et al.

Effective Date: Sept. 1, 2021

This bill prohibits a state agency or institution from entering a contract for the purchase of goods or services, paid partly or wholly from public funds, unless the contract contains a written verification from the contracting company that:

  • It does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association based solely on the entity’s or association’s status as such.
    and
  • It will not engage in any such discrimination during the contract term.

This prohibition applies only to a contract between an agency or institution and a company with at least 10 full-time employees and a value of at least $100,000.

SB 44

Relating to leave for state employees who are volunteers of certain disaster relief organizations. [+]

Author: Zaffirini

Effective Date: Sept. 1, 2021

This bill grants a state employee in the executive or judicial branch who is a volunteer of any organization that is a member of the Texas Voluntary Organizations Active in Disaster up to 10 days of paid leave per fiscal year without a deduction in salary or loss of vacation time, sick leave, earned overtime credit or state compensatory time to participate in disaster relief services if the following conditions are met:

  • Both the employee’s supervisor and the agency’s executive director authorize the leave.
    and
  • The services the employee participates in are provided for a state of disaster declared by the governor.

SB 202

Relating to the payment of certain employer contributions for employed retirees of the Teacher Retirement System of Texas. [+]

Author: Schwertner

Effective Date: June 14, 2021

This bill provides that an employer may not directly or indirectly pass the cost of employer contributions on to a retiree through any means designed to recover the cost.

SB 220

Relating to notice and reporting requirements for vendor rebates under a contract listed on a multiple award contract schedule. [+]

Author: Zaffirini

Effective Date: Sept. 1, 2021

This bill requires the Comptroller’s office to notify a state agency purchasing a good or service through a contract listed on a multiple award contract schedule of the percentage used to calculate an authorized rebate. A state agency that uses federal funds to make a purchase from a vendor under a contract listed on the schedule is responsible for reporting the appropriate portion of a rebate collected from the vendor to the federal funding agency.

SB 282

Relating to a prohibition against the appropriation of money to settle or pay a sexual harassment claim made against certain members of the executive, legislative or judicial branch of state government and to a prohibition against the use of other public money to settle such a claim. [+]

Author: Alvarado

Effective Date: Sept. 1, 2021

This bill prohibits the Legislature from appropriating money and a state agency or institution from using appropriations to settle or pay a sexual harassment claim made against:

  • An elected member of the executive, legislative or judicial branch of state government.
  • A person appointed by the governor to serve as a member of a department, commission, board or other public office in the executive, legislative or judicial branch of state government.
    or
  • A person who serves as staff for either of the above.

SB 288

Relating to preventing the loss of benefits of and the payment of certain employer contributions for certain retirees of the Teacher Retirement System of Texas (TRS) who resume service. [+]

Author: Seliger

Effective Date: Sept. 1, 2021

This bill provides that if TRS determines that a retiree who has returned to work is in violation of employment after retirement laws and rules, TRS will first provide a written warning regarding the consequences of further employment that exceeds employment after retirement limitations. If, after the retiree has been notified, the member is still in violation, TRS is required to provide notice to the retiree and either require the retiree to pay a prorated amount of their annuity that is attributable to when the violation occurred, or pay TRS the difference between the number of hours the retiree is permitted to work and the number of hours the retiree actually worked. If the retiree is still in violation after the second notice, TRS is authorized to withhold the entire monthly annuity.

SB 321

Relating to contributions to, benefits from, and the administration of the Employees Retirement System of Texas. [+]

Author: Huffman

Effective Date: Sept. 1, 2021

This bill restructures the retirement benefit for members of the Employees Retirement System (ERS) and Law Enforcement and Custodial Officers Supplemental Retirement Fund (LECOS) hired on or after Sept. 1, 2022, from a defined benefit plan to a cash balance benefit retirement plan. All members of ERS hired on or after Sept. 1, 2022, will contribute 6% of pay into individual accounts; members of LECOS will contribute an additional 2%. The bill also requires the state to make a payment each fiscal year in the amount necessary to amortize the system’s unfunded actuarial liability no later than the fiscal year ending Aug. 31, 2054.

SB 424

Relating to state agency enforcement of laws regulating small businesses. [+]

Author: Hinojosa

Effective Date: Sept. 1, 2021

This bill prohibits a state agency with regulatory authority over a small business from imposing an administrative penalty against such a business for a first violation of a statute or a rule administered by the agency with some exceptions. By Jan. 1, 2022, each state agency subject to the bill must adopt a policy consistent with the bill’s requirements that provides that the agency will not attempt to recover an administrative penalty during the reasonable time the small business is attempting to remedy the violation. A state agency is required to implement the bill’s provisions only if the Legislature appropriates money specifically for that purpose. Otherwise, the state agency may choose to implement the bill's provisions using other available appropriations.

SB 475

Relating to state agency and local government information management and security, including establishment of the state risk and authorization management program and the Texas volunteer incident response team; authorizing fees. [+]

Author: Nelson

Effective Date: June 14, 2021

This bill requires DIR to establish a state risk and authorization management program. DIR must appoint a data management advisory committee, composed of each state agency's designated data management officer or their designee, to advise DIR's board and the agency on establishing statewide data ethics, principles, goals, strategies, standards and architecture. The bill also implements requirements for certain state agency contracts, prohibits the collection or dissemination of certain individually identifying information, and requires state agencies with more than 150 full-time employees to designate a full-time employee to serve as a data management officer.

SB 713

Relating to the sunset review process and certain government entities subject to that process. [+]

Author: Buckingham

Effective Date: June 16, 2021

This bill revises the review cycle for certain entities subject to Sunset review, removes certain entities from the review process and allows the Sunset Advisory Commission to exempt agencies that the commission determines are unable to participate in the review due to a declared disaster. The bill also authorizes the governor to designate another state agency to administer any law previously administered by an agency abolished through the Sunset process.

SB 783

Relating to the purchase of iron and steel products made in the United States for certain projects by public institutions of higher education. [+]

Author: Creighton

Effective Date: Sept. 1, 2021

This bill includes institutions among the government entities whose uniform general conditions for certain projects must require the bid documents and contract to include requirements that any iron or steel products produced through a manufacturing process and used in the project be produced in the United States.

SB 799

Relating to contracting procedures and requirements for government entities. [+]

Author: Nelson

Effective Date: Sept. 1, 2021

This bill makes numerous changes to the contracting procedures and requirements for government entities. Some of the major provisions of the bill include:

  • The bill gives state agencies the authority to purchase goods and services if the purchase does not exceed $50,000. Under current law, that limit is $15,000.
  • The bill allows the Comptroller’s office to delegate to a state agency the authority to purchase goods and services if the purchase exceeds $50,000.
  • The bill requires competitive bidding for a purchase over $10,000. Under current law, that limit is $5,000.
  • The bill requires a state agency that proposes to make a purchase or other acquisition that will cost more than $25,000 to solicit bids from vendors on the master bidders list. Under current law, that limit is $15,000.
  • The bill requires state agencies to send certain information to the LBB about certain contracts over $50,000. Under current law, those requirements apply to contracts over $14,000.

SB 800

Relating to certain required reports or information received or prepared by state agencies and other government entities. [+]

Author: Nelson

Effective Date: Sept. 1, 2021

This bill revises requirements related to certain state agency reports, including:

  • Changing report frequency from annual to biennial.
  • Reducing the number of recipients.
  • Imposing or altering deadlines.
    and
  • Repealing certain other required reports.

SB 841

Relating to the availability of personal information of individuals who are honorably retired from certain law enforcement positions. [+]

Author: Hughes

Effective Date: June 14, 2021

This bill prohibits public disclosure under state public information law of the personal information of individuals who are honorably retired from certain law enforcement positions.

SB 968

Relating to public health disaster and public health emergency preparedness and response; providing a civil penalty. [+]

Author: Kolkhorst

Effective Date: June 16, 2021

This bill, among other provisions, does the following:

  • Prohibits a state agency from issuing a vaccine passport for a purpose other than healthcare.
  • Prohibits businesses in the state from requiring documentation certifying the customer’s COVID-19 vaccination or recovery.
    and
  • Requires state agencies to ensure businesses in the state comply as a condition for contracting with the state and receiving licenses, permits or other authorizations.

SB 1225

Relating to the authority of a government body impacted by a catastrophe to temporarily suspend the requirements of the public information law. [+]

Author: Huffman

Effective Date: Sept. 1, 2021

This bill limits what constitutes a catastrophe that qualifies an impacted government body to suspend the requirements of state public information law. The bill allows the requirements to be suspended once per catastrophe with a maximum period of suspension of 14 consecutive calendar days.

SB 1336

Relating to a limit on the rate of growth of certain appropriations. [+]

Author: Hancock, et al.

Effective Date: Sept. 1, 2021

This bill creates a new statutory limit on the growth of consolidated general revenue appropriations. The bill requires that some appropriations be excluded from the computation determining whether appropriations exceed the new spending limit. The excluded appropriations include an appropriation for a purpose that provides tax relief or an appropriation to pay costs associated with recovery from a disaster declared by the governor.

SB 1541

Relating to the definition of business case for major information resources projects. [+]

Author: Zaffirini

Effective Date: Sept. 1, 2021

This bill defines a business case for major information resource projects and includes in that definition a comparison of costs and benefits, validation for major information resource projects, alternative financing models and an independent third-party analysis.

SB 1605

Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations. [+]

Author: Huffman

Effective Date: Sept. 1, 2021

This bill appropriates money from various accounts to pay outstanding claims and judgments against the state. Before any claim or judgment can be paid, it must be verified and substantiated by the administrator of the special fund or account and be approved by the attorney general and Comptroller’s office by Aug. 31, 2021.

SB 1827

Relating to the creation of the opioid abatement account, an opioid abatement trust fund and a statewide opioid settlement agreement. [+]

Author: Huffman, et al.

Effective Date: June 16, 2021

This bill creates the Opioid Abatement Fund Council to allocate money recovered by the state through an opioid settlement agreement. The bill also creates the Opioid Abatement Account as a dedicated account in general revenue and the Opioid Abatement Trust Fund as a trust fund outside of the state’s treasury. The account consists of:

  • Money obtained from a statewide opioid settlement agreement.
  • Money received from the state from any other source relating to a violation of state or federal law and resulting from an action by the state against an opioid manufacturer, an opioid distributor or another person in the opioid industry.
    and
  • Deposits from legislative appropriations, gifts and grants.

SB 2116

Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state. [+]

Author: Campbell, et al.

Effective Date: June 18, 2021

This bill prohibits state agencies from entering into contracts or other agreements relating to state critical infrastructure with certain foreign-owned companies. Under the bill, “critical infrastructure” means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system or water treatment facility. An agency cannot enter into such a contract or agreement if, under the contract or agreement, the company is granted direct or remote access to or control of critical infrastructure, excluding access specifically allowed by the entity for product warranty and support purposes.

Changes to this Document
Date Updates
08/13/2021 Updated to reflect the changes of the 87th Legislature
08/16/2019 Updated to reflect the changes of the 86th Legislature
08/11/2017 Updated to reflect the changes of the 85th Legislature