� |
� |
� |
�
|
AN ACT
|
�
|
relating to the availability of information about state |
�
|
expenditures and rules, including the creation of a state database |
�
|
containing information on state expenditures, and to certain |
�
|
comptroller reports, and to certain amounts received by |
�
|
institutions of higher education. |
�
|
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
�
|
�������SECTION�1.��Subchapter B, Chapter 403, Government Code, is |
�
|
amended by adding Section 403.024 to read as follows: |
�
|
�������Sec.�403.024.��SEARCHABLE STATE EXPENDITURE DATABASE. (a) � |
�
|
In this section, "state agency"�has the meaning assigned by Section |
�
|
403.013. |
�
|
�������(b)��The comptroller shall establish and post on the Internet |
�
|
a database of state expenditures, including contracts and grants, |
�
|
that is electronically searchable by the public except as provided |
�
|
by Subsection (d). �The database must include: |
�
|
�������������(1)��the amount, date, payor, and payee of |
�
|
expenditures; and |
�
|
�������������(2)��a listing of state expenditures by: |
�
|
�������������������(A)��object of expense with links to the warrant |
�
|
or check register level; and |
�
|
�������������������(B)��to the extent maintained by state agency |
�
|
accounting systems in a reportable format, class and item levels. |
�
|
�������(c)��To the extent possible, the comptroller shall present |
�
|
information in the database established under this section in a |
�
|
manner that is searchable and intuitive to users. �The comptroller |
�
|
shall enhance and organize the presentation of the information |
�
|
through the use of graphical representations, such as pie charts, |
�
|
as the comptroller considers appropriate. At a minimum, the |
�
|
database must allow users to: |
�
|
�������������(1)��search and aggregate state funding by any element |
�
|
of the information; |
�
|
�������������(2)��ascertain through a single search the total amount |
�
|
of state funding awarded to a person by a state agency; and |
�
|
�������������(3)��download information yielded by a search of the |
�
|
database. |
�
|
�������(d)��The comptroller may not allow public access under this |
�
|
section to a payee's address, except that the comptroller may allow |
�
|
public access under this section to information identifying the |
�
|
county in which the payee is located. �The comptroller may not allow |
�
|
public access under this section to information that is identified |
�
|
by a state agency as excepted from required disclosure under |
�
|
Chapter 552 or as confidential. �It is an exception to the |
�
|
application of Section 552.352(a) that the comptroller or an |
�
|
officer or employee of the comptroller's office posted information |
�
|
under this section in reliance on a determination made by a state |
�
|
agency about the confidentiality of information relating to the |
�
|
agency's expenditures. �The comptroller or an officer or employee |
�
|
of the comptroller's office is immune from any civil liability for |
�
|
posting confidential information under this section if the |
�
|
comptroller, officer, or employee posted the information in |
�
|
reliance on a determination made by a state agency about the |
�
|
confidentiality of information relating to the agency's |
�
|
expenditures. |
�
|
�������(e)��To the extent any information required to be in the |
�
|
database is already being collected or maintained by a state |
�
|
agency, the state agency shall provide that information to the |
�
|
comptroller for inclusion in the database. |
�
|
�������(f)��The comptroller may not charge a fee to the public to |
�
|
access the database. |
�
|
�������(g)��Except as provided by Subsection (h), a state agency is |
�
|
required to cooperate with and provide information to the |
�
|
comptroller as necessary to implement and administer this section. |
�
|
�������(h)��This section does not require a state agency to record |
�
|
information or expend resources for the purpose of computer |
�
|
programming or other additional actions necessary to make |
�
|
information reportable under this section. |
�
|
�������(i)��The Department of Information Resources, after |
�
|
consultation with the comptroller, shall prominently include a link |
�
|
to the database established under this section on the public home |
�
|
page of the TexasOnline Project described by Section 2054.252. |
�
|
�������(j)��The comptroller may establish procedures and adopt |
�
|
rules to implement this section. |
�
|
�������SECTION�2.��Sections 2006.001(2) and (3), Government Code, |
�
|
are amended to read as follows: |
�
|
�������������(2)��"Small business" means a legal entity, including a |
�
|
corporation, partnership, or sole proprietorship, that: |
�
|
�������������������(A)��is formed for the purpose of making a profit; |
�
|
�������������������(B)��is independently owned and operated; and |
�
|
�������������������(C)��has fewer than 100 employees or less than $6� |
�
|
[$1] million in annual gross receipts. |
�
|
�������������(3)��"State agency" means a department, board, bureau, |
�
|
commission, division, office, council, or other agency of the state |
�
|
and includes an officer who is authorized by law to determine |
�
|
contested cases. |
�
|
�������SECTION�3.��Section 2006.002, Government Code, is amended by |
�
|
amending Subsections (c) and (d) and adding Subsections (c-1) and |
�
|
(g) to read as follows: |
�
|
�������(c)��Before adopting a rule that may�[would] have an adverse |
�
|
economic effect on small businesses, a state agency shall prepare: |
�
|
�������������(1)��an economic impact statement that estimates the |
�
|
number of small businesses subject to the proposed rule, projects |
�
|
the economic impact of the rule on small businesses, and describes |
�
|
alternative methods of achieving the purpose of the proposed rule; |
�
|
and |
�
|
�������������(2)��a regulatory flexibility analysis that includes |
�
|
the agency's consideration of alternative methods of achieving the |
�
|
purpose of the proposed rule. |
�
|
�������(c-1)��The analysis under Subsection (c) shall consider, if |
�
|
consistent with the health, safety, and environmental and economic |
�
|
welfare of the state, using regulatory methods that will accomplish |
�
|
the objectives of applicable rules while minimizing adverse impacts |
�
|
on small businesses. �The state agency must include in the analysis |
�
|
several proposed methods of reducing the adverse impact of a |
�
|
proposed rule on a small business�[a statement of the effect of the
|
�
|
rule on small businesses. The statement must include:
|
�
|
�������������[(1)
�
�
an analysis of the cost of compliance with the
|
�
|
rule for small businesses; and
|
�
|
�������������[(2)
�
�
a comparison of the cost of compliance for small
|
�
|
businesses with the cost of compliance for the largest businesses
|
�
|
affected by the rule, using at least one of the following standards:
|
�
|
�������������������[(A)��cost for each employee;
|
�
|
�������������������[(B)��cost for each hour of labor; or
|
�
|
�������������������[(C)��cost for each $100 of sales]. |
�
|
�������(d)��The agency shall include the economic impact statement |
�
|
and regulatory flexibility analysis�[statement of effect] as part |
�
|
of the notice of the proposed rule that the agency files with the |
�
|
secretary of state for publication in the Texas Register and shall |
�
|
provide copies to the standing committee of each house of the |
�
|
legislature that is charged with reviewing the proposed rule. |
�
|
�������(g)��The attorney general, in consultation with the |
�
|
comptroller, shall prepare guidelines to assist a state agency: |
�
|
�������������(1)��in determining a proposed rule's potential adverse |
�
|
economic effects on small businesses; and |
�
|
�������������(2)��in identifying and evaluating alternative methods |
�
|
of achieving the purpose of a proposed rule. |
�
|
�������SECTION�4.��Section 2054.126, Government Code, is amended by |
�
|
adding Subsection (f) to read as follows: |
�
|
�������(f)��Each state agency that maintains a generally accessible |
�
|
Internet site or for which a generally accessible Internet site is |
�
|
maintained shall include a link on the agency's Internet site to the |
�
|
state expenditure database established under Section 403.024. �In |
�
|
this subsection, "state agency"�has the meaning assigned by Section |
�
|
403.013. |
�
|
�������SECTION�5.��Section 2177.052, Government Code, is |
�
|
transferred to Chapter 322, Government Code, redesignated as |
�
|
Section 322.020, and amended to read as follows: |
�
|
�������Sec.�322.020�[2177.052].��MAJOR CONTRACTS DATABASE. �(a) �In |
�
|
this section, "major contract" means: |
�
|
�������������(1)��a contract for which notice is required under one |
�
|
of the following sections�[that has a value that is expected to be
|
�
|
at least $5 million computed as the]: |
�
|
�������������������(A)��Section 2054.008�[(1)
�
�
initial value of the
|
�
|
contract]; |
�
|
�������������������(B)��Section 2166.2551; |
�
|
�������������������(C)��Section 2254.006; or |
�
|
�������������������(D)��Section 2254.0301;�or |
�
|
�������������(2)��a contract, including an amendment, modification, |
�
|
renewal, or extension: |
�
|
�������������������(A)��for which notice is not required under a |
�
|
section listed in Subdivision (1); |
�
|
�������������������(B)��that is not a purchase order, an interagency |
�
|
contract, or a contract paid only with funds not appropriated by the |
�
|
General Appropriations Act; and |
�
|
�������������������(C)��with a value that exceeds $50,000�[total
|
�
|
value of the contract after all potential term extensions]. |
�
|
�������(b)��Each state agency shall provide the Legislative Budget |
�
|
Board�[commission] copies of the following documents: |
�
|
�������������(1)��each major contract entered into by the agency; |
�
|
and |
�
|
�������������(2)��each request for proposal, invitation to bid, or |
�
|
comparable solicitation related to the major contract. |
�
|
�������(c)��The Legislative Budget Board�[commission] shall post on |
�
|
the Internet�[include in the information posted on the electronic
|
�
|
procurement marketplace]: |
�
|
�������������(1)��each major contract of a state agency[, including
|
�
|
the commission]; and |
�
|
�������������(2)��each request for proposal, invitation to bid, or |
�
|
comparable solicitation related to the major contract. |
�
|
�������(d)��[The commission shall allow Texas governmental
|
�
|
entities, including legislative entities, access to the
|
�
|
information posted under this section.
|
�
|
�������[(e)]��The Legislative Budget Board�[commission] shall allow |
�
|
public access to the information posted under this section, except |
�
|
for information that is not subject to disclosure under Chapter |
�
|
552. �Information that is not subject to disclosure under Chapter |
�
|
552 must be referenced in an appendix that generally describes the |
�
|
information without disclosing the specific content of the |
�
|
information. |
�
|
�������(e)�[(f)]��The Legislative Budget Board�[commission] shall |
�
|
make the information searchable by contract value, state agency, |
�
|
and vendor. �The Legislative Budget Board�[commission] may make the |
�
|
information searchable by other subjects as appropriate. |
�
|
�������(f)��In this section, "state agency"�has the meaning assigned |
�
|
by Section 2054.003, except that the term does not include a |
�
|
university system or institution of higher education, the Health |
�
|
and Human Services Commission, an agency identified in Section |
�
|
531.001(4), or the Texas Department of Transportation. |
�
|
�������SECTION�6.��Subchapter A, Chapter 313, Tax Code, is amended |
�
|
by adding Section 313.008 to read as follows: |
�
|
�������Sec.�313.008.��REPORT ON COMPLIANCE WITH AGREEMENTS. (a) � |
�
|
Before the beginning of each regular session of the legislature, |
�
|
the comptroller shall submit to the lieutenant governor, the |
�
|
speaker of the house of representatives, and each member of the |
�
|
legislature a report assessing the progress of each agreement |
�
|
entered into under this chapter. The report must be based on data |
�
|
certified to the comptroller by each recipient of a limitation on |
�
|
appraised value under this chapter and state for each agreement: |
�
|
�������������(1)��the number of qualifying jobs each recipient of a |
�
|
limitation on appraised value committed to create; |
�
|
�������������(2)��the number of qualifying jobs each recipient |
�
|
created; |
�
|
�������������(3)��the median wage of the new jobs each recipient |
�
|
created; |
�
|
�������������(4)��the amount of the qualified investment each |
�
|
recipient committed to expend or allocate per project; |
�
|
�������������(5)��the amount of the qualified investment each |
�
|
recipient expended or allocated per project; |
�
|
�������������(6)��the market value of the qualified property of each |
�
|
recipient as determined by the applicable chief appraiser; |
�
|
�������������(7)��the limitation on appraised value for the |
�
|
qualified property of each recipient; |
�
|
�������������(8)��the dollar amount of the taxes that would have been |
�
|
imposed on the market value of the qualified property if the |
�
|
property had not received a limitation on appraised value; |
�
|
�������������(9)��the dollar amount of the taxes imposed on the |
�
|
qualified property; |
�
|
�������������(10)��the number of new jobs created by each recipient |
�
|
in each sector of the North American Industry Classification |
�
|
System; and |
�
|
�������������(11)��of the number of new jobs each recipient created, |
�
|
the number of jobs created that provide health benefits for |
�
|
employees. |
�
|
�������(b)��The report may not include information that is made |
�
|
confidential by law. |
�
|
�������(c)��The comptroller may require a recipient to submit, on a |
�
|
form the comptroller provides, information required to complete the |
�
|
report. |
�
|
�������SECTION�7.��Subchapter Z, Chapter 51, Education Code, is |
�
|
amended by adding Section 51.953 to read as follows: |
�
|
�������Sec.�51.953.��CERTAIN REVENUE RECEIVED FROM STUDENT HEALTH |
�
|
CENTER SERVICES. (a) �In this section: |
�
|
�������������(1)��"Health benefit plan" means any health benefit |
�
|
plan regulated under the Insurance Code, including: |
�
|
�������������������(A)��an individual or group health insurance |
�
|
policy; or |
�
|
�������������������(B)��an evidence of coverage issued by a health |
�
|
maintenance organization. |
�
|
�������������(2)��"Institution of higher education" has the meaning |
�
|
assigned by Section 61.003. |
�
|
�������(b)��Amounts received by an institution of higher education |
�
|
from a health benefit plan issuer as a result of a claim filed with |
�
|
the issuer by or on behalf of the institution's student health |
�
|
center are institutional funds under Section 51.009 and may be used |
�
|
only for the construction, improvement, operation, or maintenance |
�
|
of the student health center or to increase or enhance the services |
�
|
offered by the student health center. It is the intent of the |
�
|
legislature that those amounts be in addition to other amounts of |
�
|
money allocated to the student health center and those other |
�
|
amounts not be reduced. |
�
|
�������SECTION�8.��Sections 403.024 and 2054.126(f), Government |
�
|
Code, as added by this Act, apply only to expenditures made on or |
�
|
after the effective date of this Act. |
�
|
�������SECTION�9.��With respect to Section 322.020(c), Government |
�
|
Code, as amended by this Act, the change in law made by this Act |
�
|
applies only in relation to a major contract: |
�
|
�������������(1)��entered into on or after the effective date of this |
�
|
Act, for purposes of complying with Section 322.020(c)(1), |
�
|
Government Code; and |
�
|
�������������(2)��for which a request for proposal, invitation to |
�
|
bid, or comparable solicitation is made on or after the effective |
�
|
date of this Act, for purposes of complying with Section |
�
|
322.020(c)(2), Government Code. |
�
|
�������SECTION�10.��Section 2006.002, Government Code, as amended |
�
|
by this Act, applies only to a rule that is adopted on or after |
�
|
January 1, 2008. �A rule adopted before that date is governed by the |
�
|
law in effect when the rule was adopted, and the former law is |
�
|
continued in effect for that purpose. |
�
|
�������SECTION�11.��Not later than October 1, 2007, the comptroller |
�
|
shall establish the database as required by Section 403.024, |
�
|
Government Code, as added by this Act. |
�
|
�������SECTION�12.��This Act takes effect October 1, 2007. |
� |
� |
� |
______________________________ |
______________________________ |
� |
���President of the Senate |
Speaker of the House����� |
� |
� |
�
|
�������I certify that H.B. No. 3430 was passed by the House on April |
�
|
30, 2007, by the following vote:��Yeas 144, Nays 0, 1 present, not |
�
|
voting; and that the House concurred in Senate amendments to H.B. |
�
|
No. 3430 on May 25, 2007, by the following vote:��Yeas 142, Nays 0, |
�
|
2 present, not voting. |
�
|
|
�
|
______________________________ |
�
|
Chief Clerk of the House��� |
� |
�
|
�������I certify that H.B. No. 3430 was passed by the Senate, with |
�
|
amendments, on May 23, 2007, by the following vote:��Yeas 30, Nays |
�
|
0. |
�
|
|
�
|
______________________________ |
�
|
Secretary of the Senate��� |
�
|
APPROVED: __________________ |
�
|
����������������Date������� |
�
|
� |
�
|
�������� __________________ |
�
|
��������������Governor������� |