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Glenn Hegar  ·  Texas Comptroller of Public Accounts

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

Issued: Oct. 10, 2005
Updated: Aug. 11, 2017 – View Changes

FPP F.008

Table of Contents


Applicable to

State agencies and institutions of higher education


The 85th Legislature, Regular Session, made numerous changes, additions and deletions to Article IX of the General Appropriations Act (GAA), which was Senate Bill (SB) 1. A summary of the changes concerning payroll, purchase, travel and other provisions is provided for your convenience. These provisions take effect Sept. 1, 2017.

Please see the Conference Committee Report on SB 1 for the full text of all provisions included in Article IX. The information presented here is not intended to provide a complete analysis of the provisions discussed. Additional policies and procedures concerning various provisions will be provided separately.

Also provided is a summary of major bills passed during the regular session that affect multiple agencies. Please read the full text of the bills summarized here carefully to determine how they may affect your agency. In addition, please note that other bills may have an effect on your agency.

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Changes to Article IX of the General Appropriations Act —
Senate Bill 1 85th Legislature, Regular Session, 2017

Part 2. Provisions Relating to the Position Classification Plan

Section 2.01 – Position Classification Plan: Detailed Listing of Classified Positions for the 2018–2019 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 – Schedule A Classification Salary Schedule [+]

Pay group A3 is removed from the schedule.

Section 2.01 – Schedule C Classification Salary Schedule [+]

Pay group C03 for 20 years or more of service is increased $1,477 to $79,323.

Part 5. Travel Regulations

Section 5.05 – Travel Meals and Lodging Expenses [+]

The section removes language that the maximum lodging allowance for Texas cities and counties that do not have a specific federal per diem rate shall not be more than $85 per night.

Part 6. General Limitations on Expenditures

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

This section was previously titled Benefits Proportional by Fund.

Paragraph (a) changes “source of funds” to “method of finance”. It exempts funds from being subject to this requirement if the restrictions are directed by legislative intent or by CPA rules governing the calculation of benefits proportionality by fund.

Paragraph (b) states that funds not subject to the proportionality may include appropriations for capital purposes, appropriations with salary restrictions, deficiency grant appropriations, emergency appropriations, or statutorily restricted funds that restrict or limit the use of funds to certain programs. CPA shall make this final determination.

Paragraph (c) states that institutions of higher education, in determining the proportional allocation between GR and other appropriated funds, are required to make an adjustment local funds benefits to equitably distribute costs between GR and other appropriated funds. This paragraph also deletes language stating that appropriated general revenue funds may not be expended for employee benefit costs or indirect benefit costs associated with salaries or wages if the salaries or wages are paid from a source other than GR.

Section 6.24 – Notification Requirement for Certain RESTORE Act Funds [+]

This section removes the word “Deposit” from the title of the rider.

Paragraph (a) is removed which stated that funds related to the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act (RESTORE Act) shall be deposited to the State Treasury in a designated account to be determined by CPA.

Section 6.25 – Limitation on Abortion Funding (New) [+]

This section states that to the extent allowed by federal and state law, money appropriated by the GAA may not be distributed to any individual or entity for abortion funding under certain circumstances.

Section 6.26 – Policies for Certain Hospital Stays (New) [+]

This section states that HHSC shall ensure there are policies that specify criteria that do not permit classification of hospital services as either inpatient or outpatient for purposes of reimbursement based solely on the duration of the stay.

Part 7. Reporting Requirements

Section 7.03 – Notification to Members of the Legislature [+]

This section states that a state agency shall use funds appropriated under this act to contact each member of the legislature whose district could be affected by the agency’s press release.

Section 7.04 – Contract Notification: Amounts Greater than $50,000 [+]

This section changes paragraph (a) to redefine a contract to include a revenue generating contract.

Paragraph (b) adds that a contract does not include a contract that has been reported to the LBB under section 7.12 (see below).

Paragraph (c) states that a contract includes an amendment, modification, renewal or extension which increases a contract’s value from a value less than or equal to $50,000 to a value greater than $50,000.

Paragraph (d) changes the deadline agencies must report on these contracts to the LBB from October 1st of each year to before the 30th day after awarding the contract. The paragraph also includes language making the reporting requirement apply to amendments, modifications, renewals, and extensions.

Paragraphs (e), (f), (g), (h), and (i) are new. The LBB may conduct reviews of contracts required to be submitted under this section and valued at $1,000,000 or more. A state agency or institution of higher education shall provide notice of a contract for services for which the expected total value of the contract subsequent to amendment exceeds the total value of the initial contract award by 10 percent or more. These entities must provide notice by the 30th day after the date it exceeds this amount.

Section 7.10 – Reporting Requirement for Deepwater Horizon Oil Spill Funds [+]

This section adds “any funds held in trust” to the list of Deepwater Horizon oil spill funds for a report submitted to the LBB.

Paragraph (c) is new. It states that if an agency has completed its activities related to the Deepwater Horizon spill and has previously reported to the LBB, it may discontinue this reporting.

Section 7.11 – Border Security [+]

This section adds the Office of the Attorney General and the Soil and Water Conservation Board to the list of agencies in paragraph (a) who must report to the LBB under this rider. The paragraph also changes what must be reported from results to indicators of expended amounts and performance, and changes the reporting deadline from Jan 31st to Feb 28th.

Paragraph (c) also changes what must be reported from results to indicators of expended amounts and performance.

Section 7.12 – Notification of Certain Purchases or Contract Awards, Amendments, and Extensions [+]

This section adds paragraph (a) to define “contract” to include : “a contract, grant or agreement, including a revenue generating contract, an interagency or interlocal grant or agreement, purchase order or other written expression of terms of agreement or an amendment, modification, renewal, or extension of such for the purchase or sale of goods or services that was entered into or paid for, either in whole or in part, by a state agency or institution of higher education.” The rest of the rider removes the phrase, or purchase, so that the rider applies only to contracts.

Paragraph (c) changes the date that notice must be sent to the LBB. Currently, notice must be provided at least 10 days before making a payment, while under the new rider it must be provided prior to the date of the first payment, but no later than 30 days after the contract was awarded.

Paragraph (d) adds that the notice to the LBB must include a copy of the contract, all requests for proposals and invitations for bids (and lists some exceptions to this requirement). It states that the agency shall provide a legal justification for the inapplicability of the requirements if the contract award did not comply with this rider.

Paragraph (e) is changed to state that an agency shall provide notice of a contract under this rider without regard to the source of funds, including non-appropriated funds.

Paragraph (f) gives the LBB the option of notifying the comptroller and governor about any agency which does not meet the notification requirements (changes “shall” to “may”).

The original paragraph (f) defining “contract” is deleted.

Paragraph (h) is deleted in the new rider. It stated that this rider does not make an appropriation but provides direction to agencies and places limitation on funds.

Section 7.14 – Emergency Leave Report (New) [+]

This section requires each agency to adopt a policy governing emergency leave for its employees and provides guidelines as to when an employee may be entitled to or granted emergency leave. The agency shall post this policy on its website for its employees and the public to view.

By Oct. 1 of each year, an agency shall report to CPA the name and position of each employee who was granted more than 32 hours of emergency leave during the prior FY, and the total number of hours of emergency leave granted to that employee. The CPA shall adopt a uniform system for use by each agency to report this information. Emergency leave may not be granted unless the administrative head believes in good faith that the employee intends to return to work when the emergency leave expires. See Legislative Changes Affecting Salary Administration (FPP F.021).

Section 7.15 – Document Production Standards (New) [+]

This section states that each state agency shall review their document production protocols and apply best practices to produce documents in the most efficient and cost effective manner possible. Agencies shall report any cost savings in their LAR.

Part 8. Other Appropriation Authority

Section 8.07 – Appropriation of Collections for Seminars and Conferences [+]

This section adds that applicable expenses may include the purchase of food when the registration fee for the seminar or conference contains a mandatory and non-separable cost component based on a cost recovery methodology to pay for food costs.

Section 8.14 – Cost Recovery of Application or Testing Fees [+]

This section adds the words “Application” to the title and text of the rider. It also adds the word “required” so that the rider applies only to a cost recovery fee for an electronic based application or test that is required by the agency.

Part 9. Information Resources Provisions

Section 9.01 – Purchases of Information Resources Technologies [+]

This section adds language that a state agency shall provide to the Quality Assurance Team (QAT) within 10 business days of receipt any verification and validation report, or quality assurance report required to be produced for a major information technology project. A contract for development of a major information technology project with a value expected to exceed $10 million shall not be valid unless agency obtains prior written approval of the contract from the QAT.

Paragraphs (f), (g), (h), and (i) are new. An amendment to a contract for development of a major information technology project with a total value that exceeds $1 million shall not be valid without prior written approval from the QAT. A state agency shall provide to the QAT a copy of the final version of the amendment, including all appendices and attachments, signed by the vendor but not the state agency.

Section 9.02 – Quality Assurance Review of Major Information Resource Projects [+]

An agency must notify the QAT when it advertises a competitive bid for a major information resources project. The rider adds language stating that an agency must notify the QAT within 10 business days when it awards a contract for more than $10 million for QAT review. The QAT may require a project demonstration to determine if a completed project is functioning as intended.

Section 9.03 – Biennial Operating Plan and Information Resources Strategic Plan Approval [+]

This section removes institutions of higher education receiving appropriated funds for the acquisition of information technology from the requirement of having a current Information Resources Strategic Plan and Biennial Operating Plan.

Section 9.04 – Information Technology Replacement [+]

This section adds cybersecurity, telecommunications, and network equipment to the list of purchases that may require coordination with DIR.

Section 9.07 – Payments to the Department of Information Resources [+]

This section deletes the definition in paragraphs (d) and (e) of “two month operating reserve” and adds a definition for “total revenue” for each subsection. It changes the amount of unexpended and unobligated balances in the Telecommunications Revolving Account and the Statewide Technology Account from a two-month reserve to an amount equal to four percent of total revenue. Any excess shall be returned to agencies in the following year, not the current year.

Paragraph (f) is new. It defines “total revenue” for the subsection. It says that in the event unexpended and unobligated balances in the Statewide Network Applications Account exceed four percent of total revenue, the excess amount is transferred to GR no later than May 1 of the following FY.

Section 9.09 – Server Consolidation Status Update [+]

This section changes the reporting requirements from quarterly to semiannually.

Section 9.11 – Surplus Information Technology Hardware (formerly section 9.12)

Section 9.12 – Report of Information Technology (IT) Infrastructure (New) [+]

This section requires Department of Information Resources (DIR) to collect information regarding each state agency’s IT infrastructure. DIR shall then report to various oversite entities a summary of this information with an analysis of the risks and vulnerabilities, and the requirements and costs to address those risks.

Section 9.13 – Cloud Computing Options (New) [+]

This section requires a state agency to consider cloud computing service options when making purchases for a major information resources project. Not later than November 15 of each even-numbered year, DIR shall submit a report to the Governor, Lieutenant Governor, and Speaker of the House of Representatives on the use of cloud computing service options by state agencies.

Part 10. Health-Related Provisions

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

This section details changes to the Statewide Behavioral Health Coordinating Council and the Statewide Behavioral Health Strategic Plan.

Section 10.05 – Funding for Autism Services [+]

This section makes various guidance changes to entities who receive funding for autism services.

Section 10.06 – Analysis of Certain Healthcare Data (New) [+]

This section requires Health and Human Services Commission to develop recommendations and a plan for an integrated health care information system.

Section 10.07 – Cross-agency Collaboration on Value-based Payment Strategies (New) [+]

This section requires Health and Human Services Commission, Employees Retirement System and Teacher Retirement System to collaborate on the development and implementation of potential value-based payment strategies.

Part 11. Provisions Related to Real Property

Section 11.08 – Information for Joint Oversight Committee on Government Facilities (New) [+]

This section requires an agency to notify the Joint Oversight Committee on Government Facilities of any changes the agency needs in office space no later than 30 days after the need is identified by the agency.

Part 12. Provisions Related to Property

Section 12.05 – Vehicle Fleet Maintenance and Repair (New) [+]

This section requires state agencies and institutions of higher education to use the most cost effective means available to maintain and repair state vehicles, including entering into interagency agreements for services with agencies or institutions of higher education who operate vehicle maintenance shops, when feasible.

Part 13. Federal Funds

Section 13.02 – Report of Additional Funding [+]

This section adds the Chair of the House Select Committee on State and Federal Power and Responsibility to the list of entities to which each agency shall report prior to the expenditure of any funds appropriated in excess of $10 million.

Section 13.11 – Definition, Appropriation, Reporting and Audit of Earned Federal Funds [+]

This section removes Comptroller revenue codes 3965 and 3972 in paragraph (a) from the definition of Earned Federal Funds.

Part 16. Legal Representation and Judgments Provisions

Section 16.04 – Judgments and Settlements [+]

This section adds paragraph (b)(4) to limit the payment of a settlement or judgement so a payment may not exceed 1% of the total amount of funds appropriated to an agency, excluding federal funds, for an FY.

Part 17. Miscellaneous Provisions

Section 17.03 – Payroll Contribution for Group Health Insurance (formerly Section 17.04) [+]

Section 17.04 – Veterans Services at Other State Agencies (formerly Section 17.06)

Section 17.05 – Agency Coordination for Youth Prevention and Intervention Services (formerly Section 17.07)

Section 17.06 – Additional Payroll Contribution for Retirement Contribution (formerly Section 17.08)

Section 17.07 – Border Security – Informational Listing (formerly Section 17.09)

Section 17.08 – Use of the Sporting Goods Sales Tax Transfer to the General Revenue-Dedicated State Parks Account No. 64 (formerly Section 18.08)

Section 17.09 – Reporting Requirement for Funds Held Outside the Treasury (New) [+]

This section requires CPA and the LBB to jointly prepare a report on funds held outside the treasury. The report must contain the legal/statutory reason the fund is held outside the treasury; the allowable uses of the fund; a listing of programs for which the fund is expended; the estimated or actual revenues and expended or budgeted amounts; and the estimated or actual balance. Any state agency that receives, expends, or administers funds held outside the treasury shall assist in preparing the above report. The report shall be sent to the Governor, LBB, Senate Finance and House Appropriations committees by the last day in February during a legislative session.

Section 17.10 – Contract Cost Containment (New) [+]

This section provides a listing of appropriation reductions made in General Revenue and General Revenue-Dedicated funds made elsewhere in the GAA. The rider provides strategies to assist agencies and institutions in achieving savings in its management of contracts.

An agency or institution of higher education may not use funds appropriated in the GAA to pay for a contract for goods or services unless it seeks competitive bids before renewing or extending a contract that has been in effect more than three FYs as of August 31, 2017 and is valued at the lesser of $10,000,000 or 10 percent of the agency's All Funds budget for the 2018-19 biennium. The rider provides types of contracts exempt from this provision.

Each agency and institution must also conduct a cost-benefit analysis to compare canceling or continuing any contract related to a major information resource project subject to the QAT that is more than 50 percent over budget or over schedule.

Each agency and institution shall provide a report to the LBB and the Governor that details strategies implemented, savings realized, and any other information required by the LBB. The report for activities undertaken in FY 2018 is due not later than September 30, 2018 and a summary report for the 2018-19 biennium is due August 31, 2019.

Section 17.15 – Information Listing of Program Funding (New) [+]

This section requires the LBB to produce an informational report on SB 1 appropriations that allocates 2018–19 biennial funding to the program level.

Deleted Sections

The sections listed below, referenced by section number as listed in Article IX, House Bill 1, 84th Legislature, Regular Session, have been deleted from Article IX of Senate Bill 1, 85th Legislature, Regular Session.

Page Section Title and Description (SB 1, 83rd Legislature, Regular Session)
IX-48 Section 9.11 Cybersecurity Initiatives

This section required agencies to coordinate with DIR to ensure security standards promulgated by the department were met.

IX-74 Section 17.03 Interagency Contract to Coordinate Use of PARIS Data to Assist Veterans and Achieve Savings for State

This section instructed HHSC, DADS, Veterans Commission, and Veterans Land Board to enter into an interagency contract to coordinate the use and to investigate and analyze the data received from the federal Public Assistance Reporting Information System.

IX-75 Section 17.05 Appropriation for Salary Increases for Certain State Employees in Salary Schedule C

This section contained appropriations for salary increases for certain state employees in salary schedule C.

IX-79 Section 18.02 Appropriation for a Salary Increase for General State Employees

This section provided an appropriation for a salary increase for certain eligible employees.

IX-80 Section 18.03 Centralized Accounting and Payroll/Personnel Systems Deployments

The section appropriated money to CPA to operate and maintain CAPPS and to other agencies to assist with deployment activities.

IX-81 Section 18.04 Additional Benefits for FTE Increases

This section appropriated additional amounts for employee benefits to account for FTE increases.

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.

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Other Bills of Interest to State Agencies – House Bills

House Bill (HB) 2

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

Author: Zerwas

Effective Date: June 12, 2017

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

HB 8

Relating to cybersecurity for state agency information resources. [+]

Author: Capriglione, et al.

Effective Date: September 1, 2017

This bill establishes the Texas Cybersecurity Act. It creates certain cybersecurity-related requirements for all state agencies, establishes a cybersecurity task force and select legislative committees, and requires the production of certain studies and reports. Some of the major provisions of the bill include the following:

  • The bill requires Department of Information Resources (DIR) to provide mandatory guidelines for all state agency information resources employees regarding continuing education for cybersecurity training and certification.
  • The bill requires that each agency conduct a vulnerability and penetration test of each state agency’s website or mobile application that processes any personally identifiable or confidential information.
  • The bill requires each state agency to conduct a security assessment of the agency’s information resources systems, network systems, digital data storage systems, digital data security measures, and information resources vulnerabilities at least once every two years. Each state agency is required to report the results of the assessment by December 1 in the year in which the agency conducts the assessment to:
    • DIR,
    • the Governor,
    • the Lieutenant Governor, and
    • the Speaker of the House of Representatives.

HB 53

Relating to certain limitations on settlement agreements with a governmental unit. [+]

Author: Romero, Jr., et al.

Effective Date: September 1, 2017

This bill prohibits a state or local government unit from settling legal claims against the unit by agreeing to settlements of $30,000 or more if the settlement also includes a nondisclosure agreement. An agreement provision that violates these prohibitions is void and unenforceable. The bill does not affect information that is privileged or confidential under other laws.

HB 89

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

Author: King, Phil, et al.

Effective Date: September 1, 2017

This bill requires a governmental entity contracting for goods or services to include in its contract a written verification from the contracting company stating the company does not boycott Israel and will not boycott Israel during the term of the contract. The bill also requires Comptroller of Public Accounts (CPA) to prepare and maintain a list of all companies that boycott Israel.

HB 1116

Relating to the repeal of certain state procurement advisory and approval procedures. [+]

Author: Kacal

Effective Date: September 1, 2017

This bill abolishes the Statewide Procurement Advisory Council and repeals provisions relating to procedures for awarding contracts with an estimated value of $100,000 or more.

HB 1290

Relating to the required repeal of a state agency rule and a government growth impact statement before adoption of a new state agency rule. [+]

Author: Roberts, et al.

Effective Date: September 1, 2017

This bill restricts a state agency from adopting a rule if the rule imposes a cost on any regulated person, including another governmental unit, unless the agency repeals or amends another rule that decreases the total costs on the person in an amount equal to or greater than the cost imposed by the proposed rule. This does not include an agency under an elected officer.

The bill also requires a state agency to prepare a government growth impact statement for a proposed rule. CPA must adopt rules relating to the impact statements not later than October 1, 2017. A state agency is required to incorporate the impact statement into the notice of a proposed rule that is filed on or after November 1, 2017.

HB 1861

Relating to the confidentiality of certain information related to a computer security incident. [+]

Author: Elkins

Effective Date: June 15, 2017

This bill adds information directly arising from a governmental body's routine efforts to prevent, detect, investigate or mitigate a computer security incident, including information contained in or derived from an information security log, to the list of information that is currently confidential.

HB 1930

Relating to financial accounting and reporting requirements for this state and political subdivisions of this state. [+]

Author: Frullo

Effective Date: June 15, 2017

This bill removes the option for state and local governments to report financial information related to certain retiree benefits on a pay-as-you-go basis rather than following GASB standards by reporting future obligations. This option allowed governments to not disclose these benefits as liabilities.

HB 2486

Relating to restoration of the position of public employees when relieved of duty from the Texas military forces or a similar unit. [+]

Author: Stucky, et al.

Effective Date: June 15, 2017

This bill requires an employee who is a member of the Texas military forces when relieved of duty to be restored to the position they held when they were ordered to duty. The bill applies to an employee of a governmental entity of this state with at least five FTEs.

HB 3107

Relating to the production of public information under the public information law. [+]

Author: Ashby

Effective Date: September 1, 2017

This bill makes certain changes to provisions on the production of information under the Public Information Act, including:

  • establishing a timeline for request termination,
  • revising procedures for subsequent requests by a person, and
  • creating an additional option for requestors filing complaints.

HB 3275

Relating to the monitoring of major information resources projects by the Department of Information Resources. [+]

Author: Capriglione

Effective Date: January 1, 2018

This bill requires the Quality Assurance Team (QAT) to monitor and report on performance indicators for each major information resource project, for the entire life cycle of each project. DIR is required to develop the performance indicators. The QAT can place a project on a list for more intense monitoring if the QAT determines that a project is not likely to achieve the performance objectives for the project. The QAT is required to closely monitor monthly reports for each project identified on the list for intense monitoring and, based on criteria developed by DIR, determine whether to recommend to the executive director of the affected agency the need to initiate corrective action for the project. The bill also requires DIR to create and maintain on their internet website a user-friendly data visualization tool that provides information on the performance indicators for each major information resources project.

HB 3433

Relating to the adoption by state agencies of rules affecting rural communities. [+]

Author: Lambert, et al.

This bill requires a state agency that is considering adopting a rule that will adversely affect a rural community, defined as a municipality with a population of 25,000 or fewer, to reduce that effect if doing so is legal and feasible. A state agency is required to prepare an economic impact statement, prior to adopting a rule that may have an adverse economic effect on a rural community, that:

  • estimates the number of rural communities subject to the proposed rule,
  • projects the economic impact of the rule on rural communities, and
  • describes alternative methods of achieving the purpose of the proposed rule.

HB 3765

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: Longoria

Effective Date: September 1, 2017

This bill appropriates money from various accounts to pay outstanding claims and judgments against the state. Before any claim or judgment can be paid, they must be verified and substantiated by the administrator of the special fund or account and be approved by the Office of the Attorney General (OAG) and CPA by Aug. 31, 2017.

HB 3849

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

Author: Zerwas

Effective Date: June 12, 2017

This bill abolishes all funds, accounts and revenue dedications created by the 85th Legislature, Regular Session, unless specifically exempted under separate sections of this bill. Any funds, accounts or revenue dedications abolished under this bill shall be deposited to the credit of the General Revenue Fund.

If an agency has a contingency appropriation in the General Appropriations Act from an abolished fund or account, the appropriation shall be established in the General Revenue Fund. Otherwise, the revenue shall 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 85th Legislature.

The bill extends the time period from Aug. 31, 2017, to Aug. 31, 2019, to allow the Legislature to direct CPA 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).

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Other Bills of Interest to State Agencies – Senate Bills

Senate Bill (SB) 73

Relating to leave policy and procedures for state employees. [+]

Author: Nelson

Effective Date: September 1, 2017

This bill requires state agencies to adopt a policy governing leave for employees including vacation leave, sick leave, and emergency leave. The policy is required to provide clear and objective guidelines to establish under what circumstances an employee of the agency can be entitled to or granted each type of leave. A state agency is required to post the policy on its website in a location easily accessible by the agency’s employees and the public.

A head of an agency is authorized to determine that a reason other than a death in the family is sufficient reason for granting emergency leave. The leave cannot be granted to an employee unless the agency head believes in good faith that the employee intends to return to his or her position after the emergency leave period expired.

The head of an agency is required to report to CPA by October 1 of each year the name and position of each employee who has been granted more than 32 hours of emergency leave during the previous state fiscal year, the reason for the leave, and the total number of hours granted to that employee. The first report is due October 1, 2017.

SB 132

Relating to the savings incentive program for state agencies. [+]

Author: Creighton

Effective Date: September 1, 2017

This bill allows an agency that spends less undedicated general revenue from nonfederal sources than is appropriated to it to retain half of the money saved. The bill removes the provision limiting the amount of savings retained to 1 percent of undedicated general revenue from nonfederal sources appropriated to the agency for the fiscal year.

The bill requires that half of the retained savings be used to make additional principal payments for general obligation bonds issued by the agency or by TPFA on the agency’s behalf. If there are no outstanding general obligation bonds, the agency can provide equally distributed bonuses to each agency employee who:

  • is as FTE or equivalent of the agency,
  • works for the agency as a FTE for the entire fiscal year when the savings are realized, and
  • is directly responsible for or works in a part of the agency responsible for the realized savings.

A bonus cannot be given to an agency employee who serves in an upper management position, including the chief executive or administrator of the agency.

If the amount of realized savings as a percentage of the agency’s total amount of undedicated general revenue derived from nonfederal sources is:

  • fewer than 3 percent, a bonus cannot exceed $250;
  • at least 3 percent but fewer than 5 percent, a bonus cannot exceed $500,
  • at least 5 percent but fewer than 10 percent, a bonus cannot exceed $750,
  • 10 percent or more, a bonus cannot exceed $1,000.

SB 252

Relating to prohibiting governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization. [+]

Author: Taylor, Van

Effective Date: September 1, 2017

This bill prohibits governmental entities from entering into a contract with companies engaged in active business operations with Sudan, Iran, or a foreign terrorist organization.

SB 255

Relating to contracts with and training for governmental entities and vendors, including purchasing and contract management training; authorizing fees. [+]

Author: Zaffirini

Effective Date: September 1, 2017

This bill adds to training requirements for state agency employeess on purchasing, contract management, and contract negotiations. Some of the major provisions of the bill include the following:

  • The bill require state agencies that spend more than $5,000 per fiscal year for training of any individual employee to submit certain agency training information to the LBB.
  • The bill requires CPA to develop and provide a purchasing and contract management-training program to meet the needs of state agencies.
  • The bill authorizes CPA to assess a fee for training in an amount not to exceed the costs incurred to provide the training.
  • The bill requires state agency personnel directly involved in contract negotiations for the purchase of information resources technologies to complete the training developed by DIR.

SB 261

Relating to the bulk purchase of information technology commodity items by the Department of Information Resources. [+]

Author: Zaffirini

Effective Date: May 29, 2017

This bill specifies that the procedures governing state agency purchases of software, hardware, and technology from DIR’s cooperative contracts list and the limit on contracts for these items do not apply to a department contract for the bulk purchase of these items intended for use by more than one state agency.

SB 262

Relating to certain purchasing by state agencies and local governments. [+]

Author: Zaffirini

Effective Date: September 1, 2017

This bill requires DIR to assess the risk in the purchase of software, hardware, and technology services from the list of these items maintained by DIR and used by state agencies. DIR is required, based on that risk assessment, to verify the purchase transactions reports of the monthly sales of the items submitted by vendors.

The bill applies only to contracts on or after the effective date of the bill for which state agencies:

  • first advertise or solicit bids,
  • extend contracts, and
  • submit change orders.

SB 532

Relating to information collected about and purchases of information technology by governmental entities. [+]

Author: Nelson

Effective Date: September 1, 2017

This bill requires DIR to submit a consolidated report of each state agency’s information technology infrastructure not later than November 15 of each even-numbered year to certain leadership and staff of the LBB. The consolidated report must include an analysis and assessment of each state agency’s security and operational risks. If a state agency is found to be at higher security and operational risks, the report must also include a detailed analysis of, and costs estimates to implement:

  • the requirements for the agency to address the risks and related vulnerabilities and the agency’s efforts to address the risks through the modernization of IT systems,
  • use of cloud services, and
  • use of statewide technology centers established by DIR.

The bill also requires DIR to submit a report not later than November 15 of each even-numbered year on the use of cloud computing service options by state agencies, including use cases that provide cost savings and other benefits.

SB 533

Relating to governmental entity contracting and procurement. [+]

Author: Nelson

Effective Date: September 1, 2017

This bill makes various changes to state agency contracting. Some of the major provisions of the bill include the following:

  • The bill requires certain provisions regarding personal financial disclosure, standards of conduct, and conflict of interest.
  • The bill requires that state agencies prepare, in consultation with DIR, a technical architectural assessment for each major information resources project or major contract.
  • The bill requires state agencies to adopt a policy on the interaction between their employees and vendors.
  • The bill requires CPA to employ a chief procurement officer to serve as the chief procurement officer for this state. The chief procurement officer has authority over state agency procurement.
  • The bill requires state agencies to submit a request for pricing for an information technology commodity contract with a value of more than $50,000, but not more than $1 million, to at least three vendors.
  • The bill lowers the threshold for which the CAT reviews and makes recommendations on solicitations from $10 million to $5 million.

SB 706

Relating to the abolishment of the State Council on Competitive Government and the transfer of its functions to the comptroller. [+]

Author: Birdwell

Effective Date: September 1, 2017

This bill abolishes the State Council on Competitive Government and transfers the Council’s powers and duties to CPA.

SB 1289

Relating to the purchase of iron and steel products made in the United States for certain governmental entity projects. [+]

Author: Creighton

Effective Date: September 1, 2017

This bill requires state entities with projects relating to the construction, remodeling, or altering of a building, a structure, or infrastructure, including a road or highway, or who supply a material for such projects, to source iron or steel products used in such projects from the United States. The bill permits exceptions to the requirement if:

  • these products are not produced in sufficient quantities in the United States;
  • the use of products produced in the United States will increase the total cost of the project by more than 20 percent; or
  • complying with the requirement is inconsistent with the public interest.

SB 1677

Relating to information about services for women veterans provided through certain state agency applications. [+]

Author: Lucio

Effective Date: September 1, 2017

This bill requires an agency in the executive branch of state government that serves or assists adult women to include in each application for a program, a service, or assistance a space to indicate whether an applicant is a veteran. The application shall also include model language informing the applicant that she can be entitled to additional services because of her veteran status. TVC is be required to develop the model language required in the application and include the language on its website.

SB 1831

Relating to an annual report on state programs not funded by appropriations. [+]

Author: Buckingham

Effective Date: June 15, 2017

This bill requires CPA, not later than December 31 of each year, to submit a report to the Legislature that identifies for each state agency:

  • each program the agency is statutorily required to implement for which no appropriation was made for the preceding state fiscal year,
  • a citation to the law imposing the requirement, and
  • the amount and source of money the agency spent, if any, to implement any portion of the program during the preceding state fiscal year.

A state agency is required to provide CPA the information necessary for the report not later than September 30 of each year. The first report is required by December 31, 2017.

SB 1910

Relating to state agency information security plans, information technology employees, and online and mobile applications. [+]

Author: Zaffirini

Effective Date: September 1, 2017

This bill sets forth certain requirements all agencies are required to follow relating to information technology security. Some of the major provisions of the bill include the following:

  • The bill requires each state agency to designate an information security officer within the agency.
  • The bill requires each state agency implementing an internet website or mobile application that processes any personally identifiable or confidential information to submit a biennial data security plan to DIR.
  • The bill requires institutions of higher education to adopt and implement a policy for internet website and mobile application security procedures.
  • If a cybersecurity event creates the need for emergency funding, the bill authorizes DIR to request that the Governor or the LBB provide funding to manage the impacts from the cybersecurity event.

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Acronym Description
CAPPS Centralized Accounting and Payroll/Personnel System
CAT Contract Advisory Team
COLA Cost of Living Adjustment
CPA Comptroller of Public Accounts
DADS Department of Aging and Disability Services
DFPS Department of Family and Protective Services
DIR Department of Information Resources
DPS Department of Public Safety
DSHS Department of State Health Services
EFF Earned Federal Funds
ERP Enterprise Resource Planning
ERS Employees Retirement System
FPP Fiscal Policy and Procedure
FTE Full-time Employee
FY Fiscal Year
GAA General Appropriations Act
GASB Governmental Accounting Standards Board
GR General Revenue
GRD General Revenue-Dedicated
GSA General Services Administration
HB House Bill
HHSC Health and Human Services Commission
HUB Historically Underutilized Business
IRS Internal Revenue Service
IRT Information Resources Technology
IT Information Technology
ITCHE Information Technology Council for Higher Education
LAR Legislative Appropriations Request
LBB Legislative Budget Board
OAG Office of the Attorney General
QAT Quality Assurance Team
SAO State Auditor’s Office
SB Senate Bill
SECO State Energy Conservation Office
SPAC Statewide Procurement Advisory Council
SSBG Social Services Block Grant
SWCB Soil and Water Conservation Board
TABC Texas Alcoholic Beverage Commission
TAMUS Texas A&M University System
TANF Temporary Assistance for Needy Families
TDCJ Texas Department of Criminal Justice
TDEM Texas Division of Emergency Management
TEA Texas Education Agency
TFC Texas Facilities Commission
THECB Texas Higher Education Coordinating Board
TIN Texas Identification Number
TJJD Texas Juvenile Justice Department
TPFA Texas Public Finance Authority
TPWD Texas Parks and Wildlife Department
TRS Teacher Retirement System
TVC Texas Veterans Commission
TWC Texas Workforce Commission
USAS Uniform Statewide Accounting System
Changes to this Document
08/11/2017 Updated to reflect the changes of the 85th Legislature
08/10/2015 Updated to reflect the changes of the 84th Legislature
Glenn Hegar
Texas Comptroller of Public Accounts
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