H.B.�No.�3430
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�������