Professional Documents
Culture Documents
'>::~"
~.<.-'. .~
CONFERENCE COM~IITEE REPORT FORM ." ",
-
' .
,"
,". . '-. -
Atistln,T.:i"as
. . ...
.... .:"
" : .,".
. .
·.HonorableDavidDewhurst . . ..'
~"., .
.. ,',
. • Pres.identofthe Seriate " ",-
," ,', ..
·
......';
~'"
. :.",", .
"- <
. "-."':':' :.:: .....
u·, ......-Y,······:·.iAl!tl': ""
: :. '.
~ ... ~_.' ,
. . ' -,: .: ..
"',",
I J: . .~Et'),l~:~....•..•...•...•......•...•.. . ',."
'.
kl~
,CfP' . •. •.
':.
r .
..•.
We~t .• ..<0.,y..:::.la==§>""'... . ,•·-' -'-"'-""'~'-'" ' ' ';",,'.,. ., '...'."
.
~ . .
... W
.
U> , L f .A
.....' ..
," M,..v·",
"".-.,' .. - '
.....
'. '. "
. . ".
'Ori the part of the Senate' . On the part of the House ",
. Ll'I\'"
vv' ,AtM· ..' . .'. '. ", Turner""<
" . .'.'
.' .
,. .... :'
· .. .. ' .' .
. Note to Conference Corimilttee Clerk:' .... :.,' "
: :.'
.. ~':
.. ' Plelllle tYPe therll.mesof thllme~bers';'fthe (:onference eomniltteeilDderfue liriesproVlded forsIgr1atu~e;Tb~ •.. .'
members desiring to sign the report.silliuld slgJl,·.eaChof~esix copies. Attach a'.copy of the Conference Committee. .. ...
Reportimda SecliolJ by seclionsldebysl«!e comp3rlson to each of the' sIX repofling f()rms.:th~()riginalan:d'tWo·," ..',.,
copies
..
are .filed
'
In house
'.
of. origin of the
" .
bill,andthree'coples
. - .
in' the oilier
..
house.:.. -' .; . ,'. " ' . ' .. '. :" -;.. ' . ~
.. ,".-,
'.'
..,',
"', ..,
,'. .
',.
•
CONFERENCE
COMMITTEE REPORT
3 rd Printing
A BILL TO BE ENTITLED
1 ~A~
1
.. .
9 calendar year following the calendar year of the payment made unde ~
10 Subdivision (1) faR ar l3etare ti:le ;lHi:l Bay at A\Hj~6tJ.
26 owed to a distr ict shall be paid to the distr ict together with th,!
27 September payment of the current fiscal year entitlement.
82R32127 JJT-D 2
• •
82R32127 JJT-D 3
" .
23 4QLl§1(el].
24 SECTION 2.07. The changes in law made by this article apply
25 only to a tax credit for an examination or evaluation fee paid on or
26 after January 1, 2012. Tax credits for examination or evaluation
27 fees paid before January 1, 2012, are governed by the law in effect
82R32127 JJT-D 4
• •
16
17
18
19
20
21 (f) a license issued
22 under
23 Section is false [4;.&
24
25
26 The may determine the length of or
27 ation necessary for the enforcement of this chapter
5
~. • t
.82R32127 JJT-D
o •
• •
27 ~-4;.lfl.E!--afIl&\:lffTl;---+~;iw!-i'*~'*'El-4:-iH1f-r-Wt-ln ot 1e ssthan
•
82R32127 JJT-D
-- .
14 new stamps.
15 SECTION The change in law made by
16 only tation issued on or after the effec 've date of thi
17! article. ocumentation issued before the effective
18 governed by the law in effect on
19 was issued, and that law is continued in effe
20 ,.K;;':';';;;;';;'..I;;,;;:~;';;;';;:~ +.
21 ARTICLE 4. STATE SALES AND FRANCHISE TAX REFUNDS FOR CERTAIN AD
22 VALOREM TAXPAYERS
23 SECTICN 4.01. Subchapter F, Chapter 111, Tax Code, is
24 repealed.
25 SECTION 4.02. The repeal of Subchapter F, Chapter Ill, Tax
26 Code, by this article does not affect an eligible person's right to
27 . ' claim a refund of state sales and use and state franchise taxes that;I·
82R32127 JJT-O
· "'
S . B. No. 1811
,
1 was established under Section 111.301, Tax Code, in relation to
82R32l27 JJT-D 9
. .
B2R32127 JJT-D 10
• •
82R32127 JJT-D 11
S.B. No. l8E
1 ill This section prevails over any other conflictin~,
82R32127 JJT-D 12
S.B. No. 1811
1 SECTION 5.06. Section· 152.063, Tax Code, is amended by
2 adding Subsection (hI to read as follows:
3 (hI Section 111.0041 applies to a person required to keep
82R32l27 JJT-D 13
n •
82R32127 JJT-D 14
, .
82R32127 JJT-D 15
•
82R32127 JJT-D 16
• •
S . B. No. 1811
1 Chapter 74.
2 (c) If the account is a checking or savings account or is a
3 matured certificate of deposit, the account is presumed abandoned
4 if the account has been inactive for at least three years as
5 determined under Subsection (b) (1).
6 SECTION 6.06. Subsection (a), Section 74.101, Property
7 Code, is amended to read as follows:
8 (a) Each holder who on March 1 [JliRe Jg] holds property that
9 is presumed abandoned under Chapter 72, 73, or 75 of this code or
·10 under Chapter 154, Finance Code, shall file a report of that
11 property on or before the following July [NeveilW3er] 1. The
12 comptroller may require the report to be in a particular format,
13 including a format that can be read by a computer.
14 SECTION 6.07. Subsection (a), Section 74.1011, Property
15 Code, is amended to read as follows:
16 (a) Except as provided by Subsection (b), a holder who on
17 March 1 [JliRe ~Ql holds property valued at more than $250 that is
18 presumed abandoned under Chapter 72, 73, or 75 of this code or
19 Chapter 154, Finance Code, shall, on or before the preceding May
20 [fellaviR§' Ali§'list] 1, mail to the last known address of the known
21 owner written notice stating that:
22 (1) the holder is holding the property; and
23 (2) the holder may be required to deliver the property
24 to the comptroller on or before July [~le'leB\ller1 1 i f the property is
25 not claimed.
26 SECTION 6.08. Subsections (a) and (c), Section 74.301,
27 Property Code, are amended to read as follows:
i
!82R32127 JJT-O 17
S.B. No. 1811
1 (a) Except as provided by Subsection (c), each holder who on
2 March 1 [J~Re 30] holds property that is presumed abandoned under
24 holds the property in trust for the benefit of the state on behalf
25 of the missing owner and is liable to the state for the full value of
26 the property, plus any accrued interest and penalty. A holder is
27 not required by this section to segregate or establish trust
82R32127 JJT-D 18
• •
82R32127 JJT-D 19
!' J
82R32127 JJT-O 20
S.B. No. 1811
82R32l27 JJT-D 21
S.B. No. 1811
1 (2) not more than $6.25 [$7.§QI for each delivery into
2 a cargo tank having a capacity of 2,500 gallons or more but less
3 than 5,000 gallons [feI 1;Re s1;ate fiseal yeaI segiRRiRg SefltelllSeI
4 1, :lQQ7, tRleli'3R 1;Re s1;ate fiseal yeaI eRsiRg Aliglist 31, :lQ111;
5 (3) not more than $9.37 [$110 7§ 1 for each delivery
6 into a cargo tank having a capacity of 5,000 gallons or more but
7 less than 8,000 gallons [feI 1;Re stat e fiseal yeaI SeljiRRiR§
8 Se~temBel 1, ~007J tBrSY§H ta€ state fissal year eRsiR§ A~§ast ~1,
9 ~I;
82R32127 JJT-D 22
S.B. No. 1811
1 adding Subsections (a-1), (a-2), (a-3), and (a-4) to read as
2 follows:
3 (a-I) On August 28, 2013', each licensed distributor and
4 licensed importer shall remit to the supplier or permissive
5 supplier, as applicable, a tax prepayment in an amount equal to 25
6 percent of the tax imposed by Section 162.101 for gasoline removed
7 at the terminal rack dur ing July 2013 by the licensed distr ibutor or
8 licensed importer, without accounting for any credit or allowance
9 to which the licensed distributor or licensed importer is entitled.
10 The supplier or permissive supplier shall remit the tax prepayment
11 received under this subsection to the comptroller by electronic
12 funds transfer on August 30, 2013, without accounting for any
13 credit or allowance to which the supplier or permissive supplier is
14 entitled. Subsections (c)-(e) do not apply to the tax prepayment
15 under this subsection.
16 (a-2) A licensed distributor or licensed importer may take a
17 credit against the amount of tax imposed by Section 162.101 for
18 gasoline removed at a terminal rack during August 2013 that is
19 required to be remitted to the supplier or permissive supplier, as
20 applicable, under Subsection (3) in September 2013. The amount of
21 the credit is equal to the amount of any tax prepayment remitted by
22 the licensed distributor or licensed importer as required by
23 Subsection (a-I).
24 (a-3) Subsections (a-I) and (a-2) apply to a supplier or an
25 affiliate of a supplier who removes gasoline at the terminal rack
26 for distribution to the same extent and in the same manner that
27 those subsections apply to a licensed distributor or licensed
82R32127 JJT-D 23
S.B. No. 1811
1 importer.
82R32127 JJT-O 24
\. ....
82R32127 JJ'1'-D 25
S.B. No. 1811
lone-fourth of the tax, the amount to be provided on the basis of
2 allocations made each month of the fiscal year, which sum shall be
3 used by the Texas Department of Transportation for the
4 construction, improvement, and maintenance of farm-to-market
5 roads.
6 (b) Notwithstanding Subsection (a), the comptroller may not
7 allocate revenue otherwise required to be allocated under
8 Subsection (a) during July and August 2013 before the first workday
9 of September 2013. The revenue shall be allocated as otherwise
10 provided by Subsection (a) not later than the fifth workday of
11 September 2013. This subsection expires September 1, 2015.
12 SECTION 10.04. Section 162.504, Tax Code, is amended to
13 read as follows:
14 Sec. 162.504. ALLOCATION OF DIESEL FUEL TAX. (a) On or
15 before the fifth workday after the end of each month, the
16 comptroller, after making deductions for refund purposes, for the
17 administration and enforcement of this chapter, and for the amounts
18 allocated under Section 162.5025, shall allocate the remainder of
19 the taxes collected under Subchapter C as follows:
20 (1) one-fourth of the taxes shall be deposited to the
21 credit of the available school fundi and
22 (2) three-fourths of the taxes shall be deposited to
23 the credit of the state highway fund.
24 (b) Notwithstanding Subsection (a), the comptroller may not
25 allocate revenue otherwise required to be allocated under
26 Subsection (a) during July and August 2013 before the first workday
27 of September 2013. The revenue shall"be allocated as otherwise
82R32127 JJT-D 26
S.B. No. 1811
1 provided by Subsection (a) not later than the fifth workday of
2 September 2013. This subsection expires September 1, 2015.
3 SECTION 10.05. The expiration of the amendments made to the
4 Tax Code in accordance with this article does not affect tax
5 liability accruing before the expiration of those amendments. That
6 liability continues in effect as if the amendments had not expired,
7 and the former law is continued in effect for the cOllection of
8 taxes due and for civil and criminal enforcement of the liability
9 for those taxes.
10 ARTICLE 11. REMITTANCE OF MIXED BEVERAGE TAXES AND TAXES AND FEES
11 ON CERTAIN ALCOHOLIC BEVERAGES
12 SECTION 11.01. Section 34.04, Alcoholic Beverage Code, is
13 amended by adding Subsections (c), (d), and (e) to read as follows:
14 (c) In August 2013, a permittee shall remit a tax prepayment
15 of taxes due to be remitted in September 2013 that is equal to 25
16 percent of the amount the permittee is otherwise required to remit
17 during August 2013 under the reporting system prescribed by the
18 commission. The prepayment is in addition to the amount the
19 permittee is otherwise reguired to remit during August. The
20 permittee shall remit the additional payment in conjunction with
21 the report and payment otherwise required during that month.
22 (d) A permittee who remits the additional payment as
23 required by Subsection (c) may take a credit in the amount of the
24 additional payment against the next payment due under the reporting
25 system prescr ibed by the commission.
26 (e) Subsections (c) and (d) and this subsection expire
27 September 1, 2015.
82R32127 JJT-O 27
~. ,I
16 September 1~ 2015.
17 SECTION 11.03. Section 201.07, Alcoholic Beverage Code, is:
18 amended to read as follows:
19 Sec. 201.07. DUE DATE. ill The tax on liquor is due anc,
20 payable on the 15th of the month following the first sale, together.
21 with a report on the tax due.
22 (bl In August 2013, each permittee who is liable for the
23 taxes imposed by this.subchapter shall remit a tax prepayment of,
24 taxes due to be remitted in September 2013 that is equal to 25
25 percent of the amount the permittee is otherwise required to remit
82R32127 JJT-D 28
, .
82R32127 JJT-D 29
S.B. No. 1811
1 (e) Subsections (c) and (d) and this subsection expire
2 September 1, 2015.
3 SECTION 11.05. Section 203.03, Alcoholic Beverage Code, is
4 amended by amending Subsection (b) and adding Subsections (c), (d),
5 and (e) to read as follows:
6 (b) The tax is due and payable on the 15th day of the month
7 following the month in which the taxable first sale occurs.L,
8 together with a report on the tax due.
9 (c) Each licensee who is liable for the tax imposed by this
10 chapter shall remit a tax prepayment of taxes due to be remitted in
11 September 2013 that is equal to 25 percent of the amount the
12 licensee is otherwise required to remit during August 2013 under
13 Subsection (b). The prepayment is in addition to the amount the
14 licensee is otherwise required to remit during Auqust. The
15 licensee shall remit the additional payment in conjunction with the
16 report and payment otherwise required during that month.
17 (d) A licensee ~Iho remits the additional payment as required
18 by Subsection (c) may take a credit in the amount of the additional
19 payment against the next payment due under Subsection (b).
20 (e) Subsections (c) and (d) and this subsection expire
21 September 1, 2015.
22 SECTION 11.06. Section 183.023, Tax Code, is amended to
23 read as follows:
24 Sec. 183.023. PAYMENT. ~ The tax due for the preceding
25 month shall accompany the return and shall be payable to the state.
26 ill The comptroller shall deposit the revenue received
27 under this section in the general revenue fund.
82R32127 JJT-O 30
,
82R32127 JJT-D 31
S.B. No. 1811
1 affixing stamps to cigarette packages, except that an out-of-state
2 distributor is entitled to receive only the same percentage of
3 stamping allowance as that given to Texas distributors doing
4 business in the state of the distr ibutor.
5 SECTION 12.02. This article applies only to cigarette
6 stamps purchased on or after the effective date of this article.
7 Cigarette stamps purchased before the effective date of this
8 article are governed by the law in effect on the date the cigarette
9 stamps were purchased, and that law is continued in effect for that
10 purpose.·
11 ARTICLE 13. SALES FOR RESALE
12 SECTION 13.01. Section 151. 006, Tax Code, is amended by
13 amending Subsection (a) and adding Subsection (c) to read as
14 follows:
15 (a) "Sale for resale" means a sale of:
16 (1) tangible personal property or a taxable service to
17 a purchaser who acquires the property or service for the purpose of
18 reselling it with or as a taxable item in the United States of
19 Amer ica or a possession or terr itory of the United States of Amer ica
20 or in the United Mexican States in the normal course of business in
21 the form or condition in which it is acquired or as an attachment to
22 or integral part of other tangible personal property or taxable
23 service;
24 (2) tangible personal property to a purchaser for the
25 sole purpose of the purchaser's leasing or renting it in the United
26 States of America or a possession or territory of the United States
27 of America or in the United Mexican States in the normal course of
, .
government.
82R.32127 JJT-D 34
'. .
82R32127 JJT-O 35
S.B. No. 1811
1 adding Subsections (h) and (i) to read as follows:
2 (h) The comptroller shall disclose information to a person,
3 regarding net sales by quantity, brand, and size that is submitted
4 in a report required under Section 151.462 if:
5 (1) the person requesting the information holds a
6 permit or license under Chapter 19, 20, 21, 37, 64, 65, or 66,
7 Alcoholic Beverage Code; and
8 (2) the request relates only to information regarding
9 the sale of a product distr ibuted by the person making the request.
10 (i) A disclosure made under Subsection (h) is not considered
82R32127 JJT-O 36
• •
82R32127 JJT-O 37
S.B. No. 1811
Alcoholic Beverage Code i
82R32127 JJT-O 38
•
82R32127 JJT-D 39
82R32127 JJT-O 40
• •
82R32127 JJT-D 41
S •B. No. 1811
1 Section 62.12, Alcoholic Beverage Code, does not exceed 75,000
2 barrels.
3 Sec. 151.466. APPLICABILITY TO CERTAIN MANUFACTURERS. This
4 subchapter applies only to a manufacturer whose annual production
5 of beer in this state does not exceed 75,000 barrels.
6 Sec. 151. 467. SUSPENSION OR CANCELLATION OF PERMIT.
7 [+£+} If a person fails to file a report required by this
8 subchapter [sestisR] or fails to file a complete report, the
9 comptroller may suspend or cancel one or more permits issued to the
10 person under Section 151.203.:..
11 Sec. 151.468. CIVIL PENALTY; CRIMINAL PENALTY. (al If a
82R32127 JJT-D 42
• •
82R32127 JJT-D 43
.. .
22 Section 111.101; or
23 (G) a request for or revocation of an exemption
82R32127 JJT-D 44
'" .
82R32127 JJT-D 45
S.B. No. 1811
1 adding Subsection (j) to read as follows:
8 were due from the taxpayer for the reporting period under the
9 required report.
10 SECTION 16.06. Section 156.202, Tax Code, is amended by
11 amending Subsection (c) and adding Subsection (d) to read as
12 follows:
13 (c) The minimum penalty under Subsections (a) and (b) [~,
14 seetieR] is $1-
15 (d) In addition to any other penalty authorized by this
16 section, a person who fails to file a report as required by this,
17 chapter shall pay a penalty of $50. The penalty provided by this,
18 subsection is assessed without regard to whether the taxpayer,
19 subsequently files the report or whether any taxes were due from the,
20 taxpayer for the reporting period under the required report.
82R32127 JJT-D 46
•
1 taxpayer for the reporting per iod under the required report.
2 SECTION 16.08. Section 171. 362, Tax Code, is amended by
3 amending Subsection (c) and adding Subsection (f) to read as
4 follows:
5 (c) The minimum penalty under Subsections (a) and (b) [this
6 seetiefl] is $1.
7 Cf) In addition to any other penalty authorized by this
8 section, a taxable entity who fails to file a report as required by
9 this chapter shall pay a penalty of $50. The penalty provided by'
10 this subsection is assessed without regard to whether the taxable
11 entity subsequently files the report or whether any taxes were due
12 from the taxable entity for the reporting per iod under the required
13 report.
14 SECTION 16.09. Subchapter B, Chapter 183, Tax Code, is
15 amended by adding Section 183.024 to read as follows:
16 Sec. 183.024. FAILURE TO PAY TAX OR FILE REPORT. (a) A
82R32l27 JJT-D 47
•
82R32127 JJT-D 48
•
14 of noncompliance [, aRB
15 [(2) tAe eempt£elle£ ef p~Blis aeee~Rts, iRel~BiREj iR
16 tAe Retiee tAe iileRtity ef tAe ReRsemplyiREj reEjistrar] •
17 (c) On determining that a noncomplying registrar has
18 corrected the viOlation and is in substantial compliance, the
19 secretary shall deliver written notice to the registrar laRa te tAe
20 semptreller) that the registrar is in substantial compliance.
21 Cd) [~Ae ee~tleller saall retaiR a Retiee reeeiv8e ~Rge*
22 tHis seetiaR 8ft file YRti! J\ily 1 f8119\1ifl~ ta8 '1etiA§ year iR ':l:liSA
82R32127 JJT-D 49
S.B. No. 1811
1 (a) Before May 15 of each year, the registrar shall prepilI'l
2 and submit to the secretary of state [ss\lliltfsllef sf ll'deli,~
14 COMPTROLLER] •
82R32127 JJT-D 50
S.B. No. 1811
82R32127 JJT-D 51
S.B. No. 1811
1 SECTION 18.02. Subsection (h), Section 404.022, Government
2 Code, is amended to read as fo1rows:
3 (h) The comptroller may execute a simplified version of a
4 depository agreement with an eligible institution desiring to hold
5 [$98,QQQ at less ial state deposits that are fully insured by the
82R32127 JJT-D 52
· .
82R32127 JJT-D 53
S.B. No. 1811
1 all B\atexials 1:9 effieials af leBal 99\'811=11"881= 'n'A9 are r80pSRsihle]
2 for administering the property tax system. [If a leBal geverameat
3 effieial reijQests mere taaR eRe ee~y, tAB 8e~traller may 8aarge a
4 reas8Rahle fee t8 attest tHe seats af f)rifltiR§ aRe aistris1:1eiR§ the
5 materials.] The comptroller shall make the materials available to
6 local governmental officials and members of the public but may
7 charge a reasonable fee to offset the costs of preparing, printing.L.
8 and distributing the materials.
9 SECTION 19.03. Section 5.06, Tax Code, is amended to read as
10 follows:
11 Sec. 5.06. EXPLANATION OF TAXPAYER REMEDIES. [+.0+] The
12 comptroller shall prepare and electronically publish a pamphlet
13 explaining the remedies available to dissatisfied taxpayers and the
14 procedures to be followed in seeking remedial action. The
15 comptroller shall include in the pamphlet advice on preparing and
16 presenting a protest.
17 [(e) '±'ke Ball\lltraller Bkall flraviEle r.litka~t Bkarge a
18 reao9R3s1e R\ifRSer sf eepies af tae fJaJRPalet ta afl~t perseR 8Fl
82R32l27 JJT-D 54
..
82R32127 JJT-D 55
S.B. No. 1811
1 (3) a transaction in this state that:
2 (A) involves a policy that:
3 (i) is lawfully solicited, written, and
4 deliver ed outside this state; and
5 (ii) covers, at the time the policy is
6 issued, only subjects of insurance that are not resident, located,
7 or expressly to be performed in this state; and
8 (B) takes place after the policy is issued;
9 (4) a transaction:
10 (A) that involves an insurance contract
11 independently procured by the insured from an insurance company not
12 authorized to do insurance business in this state through
13 negotiations occurring entirely outside this state;
14 (B) that is reported; and
15 (C) on which premium tax, if applicable, is paid
16 in accordance with Chapter 226;
17 (5) a transact ion in this state that:
18 (A) involves group life, health, or accident
19 insurance, other than credit insurance, and group annuities in
20 which the master policy for the group was lawfully issued and
21 delivered in a state in which the insurer or person was authorized
22 to do insurance business; and
23 (B) is authorized by a statute of this state;
24 (6) an activity in this state by or on the sole behalf
25 of a nonadmitted captive insurance company that insures solely:
26 (A) directors' and officers' liability insurance
27 for the directors and officers of the company's parent and
B2R32127 JJT-D 56
..
82R32127 JJT-D 57
•
82R32127 JJT-O 58
i.
82R32127 JJT-O 59
"
82R32127 JJT-O 60
'.
i ..
4 subchapter.:..
5 (1) "Affiliate" means, with respect to an insured, a
6 person or entity that controls, is controlled by, or is under common
7 control with the insured.
8 (2) "Affiliated group" means a group of entities whose
9 members are all affiliated.
10 (3) "Control" means, with respect to determining the
11 home state of an affiliated entity:
12 (A) to directly or indirectly, acting through one
13 or more persons, own, control, or hold the power to vote at least 25
14 percent of any class of voting security of the affiliated entity; or
15 (B) to control in any manner the election of the
16 majority of directors or trustees of the affiliated entity.
17 (4) "Home state" means:
18 (A) for an insured that is not an affiliated
19 group described by Paragraph (B):
20 (i) the state in which the insured
-'-=-<---=.;;:..........;::..::==--..:::.:.:...-..:==_..::.:.::.=--.....;::.==-==
21 maintains the insured's principal residence, if the insured is an
22 individual;
82R32127 JJT-D 61
-'
J ,
82R32127 JJT-D 62
• ..
2
3
6
7
8
9
10
11
12
13
14
15
16 t1'lis state] .
17 (d) If this state enters into a cooperative agreement,
18 reciprocal aqreement, or compact with another state for the
19 allocation of nonadmitted insurance taxes as authorized by Chapter
20 229, the tax due on multistate policies shall be allocated and
21 reported in accordance with the aqreement or compact.
22 SECTION 20.10. Section 981.008, Insurance Code, is amended
23 to read as follows:
24 Sec. 981.008. SURPLUS LINES INSURANCE PREMIUM TAX. The
25 premiums charged for surplus lines insurance are subject to the
26 premium tax, if applicable, imposed under Chapter 225.
27 SECTION 20.11. The following provisions are repealed:
82R32127 JJT-D 63
.'
27 Greatea iR S~Beft~ter X, CR~ter ee, aRe tHat are Ret reij~iree fer
82R32127 JJT-D 64
<
1 taB f~AaiR§ af state Bzasi's fez taitisR aRB m3Raatery fees ~A8er
2 SeetieR §',~Q4 Sf s6aeel aistriet ereeits HRBer SeetieR §,.~07§
82R32127 JJT-D 65
.1
82R32127 JJT-O 66
S.B. No. 1811
1 DEPARTMENT. (a) When a person registers or renews the registration
2 of a motor vehicle under this chapter, the person may contribute $5
3 or more to the Parks and Wildlife Department.
4 (b) The department shall:
5 (1) include space on each motor vehicle registration
6 renewal notice, on the page that states the total fee for
7 registration renewal, that allows a person renewing a registration
8 to indicate the amount that the person is voluntarily contributing
9 to the state parks account;
10 (2) provide an opportunity to contribute to the state
11 parks account similar to the opportunity described by Subsection
12 (a) and in the manner described by Subdivision (1) in any
13 registration renewal system that succeeds the system in place on
14 September 1, 2011; and
15 (3) provide an opportunity for a person to contribute
16 to the state parks account during the registration renewal process
17 on the department's Internet website.
18 (c) If a person makes a contribution under this section and
19 does not pay the full amount of a registration fee, the county
20 assessor-collector may credit all or a portion of the contribution
21 to the person's registration fee.
22 (d) The county assessor-collector· shall send any
23 contribution made under this section to the comptrOller for deposit
24 to the credit of the state parks account under Section 11.035, Parks
25 and Wildlife ·Code. Money received by the Parks and Wildlife
26 Department under this section may be used only for the operation and
27 maintenance of state parks, historic sites, or natural areas under
82R32127 JJT-D 67
S.B. No. 1811
1 the iur isdiction of the Parks and Wildlife Department.
2 Ie) The department shall consult with the Parks and Wildlife~
4 section.
5 Sec. 502.1748. DISPOSITION OF CERTAIN VOLUNTARY
6 CONTRIBUTIONS.' If a person makes a voluntary contribution undel~
82R32l27 JJT-D 68
.,
82R32127 JJT-O 69
• j
S • B. No. 18ll
1 (8) oil and gas waste hauler permit application fees
2 collected under Section 29.015, Water Code;
3 (9) costs recovered under Section 91.113(f);
4 (10) hazardous oil and gas waste generation fees
5 collected under Section 91.605;
6 (11) oil-field cleanup regulatory fees on oil
7 collected under Section 81.116;
8 (12) oil-field cleanup regulatory fe.es on gas,
9 collected under Sect ion 81.117;
10 (13) fees for a reissued certificate collected under
11 Section 91. 707;
12 (14) fees collected under Section 91.1013;
13 (15) fees col1ected under Section 89.088;
14 (16) fees collected under Section 91.142;
15 (17) fees collected under Section 91. 654;
16 (18) costs recovered under Sect ions 91. 656 and 91. 657;
17 (19) two-thirds of the fees collected under Section
18 81.0521;
19 (20) fees collected under Sections 89.024 and 89.026;
20 (21) legislative appropriations; and
21 (22) any surcharges col1ected under Section 81.070.
22 Sec. 81.068. PURPOSE OF OIL AND GAS REGULATION AND CLEANUP
23 FUND. Money in the oil and gas regulation and cleanup fund may be
24 used by the commission or its employees or agents for any purpose
82R32127 JJT-D 70
•
82R32127 JJT-D 71
,
82R32127 JJT-D 72
•
82R32127 JJT-D 73
!
82R32127 JJT-O 74
•
82R32l27 JJT-D 75
,
13 Subsection (a) must pay an annual fee of $50 for each well covered
14 by the documentation. A fee collected under this section shall be
15 deposited in the oil and gas regulation and [eil fiela] cleanup
16 fund.
17 SECTION 25.09. Subsection (d), Section 89.048, Natural
18 Resources Code, is amended to read as follows:
19 (d) On successful plugging of the well by the well plugger,
20 the surface estate owner may submit documentation to the commission
21 of the cost of the well-plugging operation. The commission shall
22 reimburse the surface estate owner from money in the oil and gas,
23 regulation and [eil field] cleanup fund in an amount not to exceed
24 50 percent of the lesser of:
25 (1) the documented well-plugging costs; or
26 (2) the average cost incurred by the commission in the
27 preceding 24 months in plugging similar wells located in the same
82R32127 JJT-D 76
S.B. No. 1811
1 general area.
2 SECTION 25.10. Subsection (j), Section 89.083, Natural
3 Resources Code, is amended to read as follows:
4 (j) Money collected in a suit under this section shall be
5 deposited in the oil and gas regulation and [state ail fieldl
6 cleanup fund.
7 SECTION 25.11. Subsection (d), Section 89.085, Natural
8 Resources Code, is amended to read as follows:
9 (d) The commission shall deposit money received from the
10 sale of well-site equipment or hydrocarbons under this section to
11 the credit of the oil and gas regulation and [eil fieldl cleanup
12 fund. The commission shall separately account for money and credit
13 received for each well.
14 SECTION 25.12. The heading to Section 89.086, Natural
15 Resources Code, is amended to read as follows:
16 Sec. 89.086. CLAIMS AGAINST OIL AND GAS REGULATION AND [~
82R32l27 JJT-D 77
J
82R32127 JJT-D 78
S. B. No. 1811
1 (j) If the commission finds that a claim is valid in whole or
2 in part, the commission shall pay the valid portion of the claim
3 from the suspended amount in the oil and gas regulation and
4 [eil fielal cleanup fund not later than the 30th day after the date
5 of the commission's decision. If the commission finds that a claim
6 is invalid in whole or in part, the commission shall continue to
7 suspend in the oil and gas regulation and [eil fielal cleanup fund
8 an amount equal to the invalid portion of the claim until the period
9 during which the commission's decision may be appealed has expired
10 or, if appealed, during the period the case is under judicial
11 review. If on appeal the district court finds the claim valid in
12 whole or in part, the commission shall pay the valid portion of the
13 claim from the suspended amount in the oil and gas regulation and
14 [eil fielal cleanup fund not later than 30 days after the date the
15 court's judgment becomes unappealable. On the date the
16 commission's decision is not subject to judicial review, the
17 commission shall release from the suspended amount in the oil and
18 gas regulation and [eil fielal cleanup fund the amount of the claim
19 held to be invalid.
20 (k) If the aggregate of claims paid and money suspended that
82R32127 JJT-D 79
.,
82R32127 JJT-D 80
S.B. No. 1811
1 permit to store, handle, treat, reclaim, or dispose of oil and gas
2 waste may be required by the commission to maintain a performance
3 bond or other form of financial security conditioned that the
4 permittee will operate and close the storage, handling, treatment,
5 reclamation, or disposal site in accordance with state law,
6 commission rules, and the permit to operate the site. However, this
7 section does not authorize the commission to require a bond or other
8 form of financial security for saltwater disposal pits, emergency
9 saltwater storage pits (including blow-down pits), collecting
10 pits, or skimming pits provided that such pits are used in
11 conjunction with the operation of an individual oil or gas lease.
12 Subj ect to the refund provisions of Section 91.1091 [af tais ease J ,
13 proceeds from any bond or other form of financial security required
14 by this section shall be placed in the oil and gas regulation and
15 [ail fielaJ cleanup fund. Each bond or other form of financial
16 security shall be renewed and continued in effect until the
17 conditions have been met or release is authorized by the
18 commission.
19 SECTION 25.18. Subsections (a) and (f), Section 91.113,
20 Natural Resources Code, are amended to read as follows:
21 (a) If oil and gas wastes or other substances or materials
22 regulated by the commission under Section 91.101 are causing or are
23 likely to cause the pollution of surface or subsurface water, the
24 commission, through its employees or agents, may use money in the
25 oil and gas regulation and [ail fielsl cleanup fund to conduct a
26 site investigation or environmental assessment or control or clean
27 up the oil and gas wastes or other substances or mater ials if:
82R32l27 JJT-D 81
..
82R32127 JJT-D 82
.. ,
82R32127 JJT-O 83
S.B. No. 1811
1 (b) Fees collected under this section shall be deposited tl)
2 the oil and gas regulation and [eil fielal cleanup fund.
3 SECTION 25.25. The heading to Section 121.211, Utilitie:;
4 Code, is amended to read as follows:
5 Sec. 121.211. PIPELINE SAFETY AND REGULATORY FEES.
6 SECTION 25.26. Subsections (a) through (e) and (h), Section
7 121.211, Utilities Code, are amended to read as follows:
8 (a) The railroad commission by rule may adopt .e [a~
25 sources.
26 (d) The commission may assess each operator of a natural gas
27 distribution system subject to this title [el'liiflterl an annual
82R32127 JJT-D 84
•. ,
82R32127 JJT-D 85
S • B. No. 18l:.
1 transferred to the oil and gas regulation and cleanup fund; and
2 (4) any amount required to be deposited to the credi1:
3 of the oil-field cleanup fund shall be deposited to the credit of
4 the oil and gas regulation and cleanup fund.
5 ARTICLE 26. FISCAL MATTERS REGARDING LEASING CERTAIN STATE
6 FACILITIES
7 SECTION 26.01. The heading to Section 2165.2035, Government
8 Code, is amended to read as follows:
9 Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOT5
10 AND GARAGES; USE AFTER HOURS.
11 SECTION 26.02. Subchapter E, Chapter 2165, Government Code,
12 is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 t:>
13 read as follows:
14 Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOT~
82R32127 JJT-D 86
· ,
82R32127 JJT-D 87
•
20 bills that have become law. Immediately after the closing of each
21 session of the legislature, the secretary of state shall bind alL
22 enrolled bills and resolutions in volumes on which the date of th=
23 session is placed.
24 (b) As soon as practicable after the closing of each sessio~
82R32127 JJT-O 88
• •
S . B. No. 1811
1 (1) indexed by bill number and assigned chapter number
2 for each bill; and
3 (2) made available by an electronic link on the
4 secretary of state's generally accessible Internet website.
5 SECTION 27.02. Subchapter B, Chapter 2158, Government Code,
6 is repealed.
7 SECTION 27.03. The change in law made by this article does
8 not apply to a contract for the publication of the laws of this
9 state entered into before the effective date of this article.
10 SECTION 27.04. This article takes effect immediately i f
11 this Act receives a vote of two-thirds of all the members elected to
12 each house, as provided by Section 39, Article III, Texas
13 Constitution. If this Act does not receive the vote necessary for
14 immediate effect , this article takes effect September 1, 2011.
15 ARTICLE 28. FISCAL MATTERS REGARDING ATTORNEY GENERAL
16 SECTION 28.01. Section 402.006, Government Code, is amended
17 by adding Subsection (e) to read as follows:
18 (e) The attorney general may charge a reasonable fee for the
19 electronic filing of a document.
20 SECTION 28.02. The heading to Section 402.0212, Government
21 Code, is amended to read as follows:
22 Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE
23 COUNSEL; FEES.
24 SECTION 28.03. Section 402.0212, Government Code, is
25 amended by amending Subsections (b) and (c) and adding Subsections
26 (d), (e), and (f) to read as follows:
27 (b) An invoice submitted to a state agency under a contract
82R32127 JJT-D 89
S.B. No. 1811
1 for legal services as described by Subsection (a) must be reviewed
2 by the attorney general to determine whether the invoice is
3 eligible for payment.
4 (c) An attorney or law firm must pay an administrative fee
5 to the attorney general for the review described in Subsection (b)
6 when entering into a contract to provide legal services to a state
7 agency.
8 (d) For purposes of this section, the functions of a hearin~;
24 examination fee is paid. the toll project entity shall also submi'~
25 for review a complete transcript of proceedings related to th'~
26 comprehensive development agreement.
82R32127 JJT-D 90
S . B. No. 1811
1 comprehensive development agreements relating to the same toll
2 project for review, the entity shall pay the examination fee under
3 Subsection (b) for each proposed comprehensive development
4 agreement.
5 (d) The attorney general shall provide a legal sufficiency
6 determination not later than the 60th business day after the date
7 the examination fee and transcript of the proceedings reguired
8 under Subsection (b) are received. If the attorney general cannot
9 provide a legal sUfficiency determination within the
10 60-business-day period, the attorney general shall notify the toll
11 project entity in writing of the reason for the delay and may extend
12 the review per iod for not more than 30 business days.
13 (e) After the attorney general issues a legal sufficiency
14 determination, a toll project entity may supplement the transcript
15 of proceedings or amend the comprehensive development agreement to
16 facilitate a redetermination by the attorney general of the prior
17 legal sufficiency determination issued under this section.
18 (f) The toll project entity may collect or seek
19 reimbursement of the examination fee under Subsection (b) from the
20 private participant.
21 (g) The attorney general by rule shall set the examination
22 fee reguired under Subsection (b) in a reasonable amount and may
23 adopt other rules as necessary to implement this section. The fee
24 may not be set in an amount that is determined by a percentage of the
25 cost of the toll project. The amount of the fee may not exceed
26 reasonable attorney's fees charged for similar legal services in
27 the pr ivate sector.
82R32127 JJT-D 91
,
25 Act does not receive the vote necessary for immediate effect, thiB
82R32127 JJT-O 92
• •
82R32127 JJT-O 93
S.B. No. 1811
8 specification is made, the entire amount of the gift or grant may bE!
9 used during any period for the project or type of project specified.
10 (f) The advisory board shall recommend to the commissioll
11 rules for administering this section [SI:I13eeetiel'ls (a) (e)].
12 SECTION 29.02. Subsections (h), (i), (j), (k), and (1),.
18 state treasury using a method that provides for the lowest amount o:E
82R32127 JJT-D 94
• •
B2R32127 JJT-D 95
,.
82R32127 JJT-D 96
'W
82R32127 JJT-D 97
S.B. No. 1811
1 (1) the debt service included in the computationL.
2 including debt service on issued and unissued debt;
3 (2) the assumptions on which the debt service on
4 unissued debt was based; and
5 (3) any other factors required by law that affect the
6 computation.
7 (b) The board may publish the report required by this
8 section as a component of any other report required by la\'OL
9 including the annual report required by Section 1231.102, or as an
10 independent report. The board shall make the report available to
11 . the public.
12 SECTION 31. 02. The Bond Review Board shall publish the
13 initial report required by Section 1231.153, Government Code, a.s
14 added by this article, during the state fiscal year beginnir.g
15 September 1, 2011.
16 SECTION 31. 03. This article takes effect immediately if
17 this Act receives a vote of two-thirds of all the members elected to
18 each house, as provided by Section 39, Article III, Texcls
19 Constitution. If this Act does not receive the vote necessary for
20 immediate effect, this article takes effect September 1, 2011.
21 ARTICLE 32. CONTINUING LEGAL EDUCATION REQUIREMENTS FOR ATTORNEY
22 EMPLOYED BY ATTORNEY GENERAL
23 SECTION 32.01. Section 81.113, Government Code, is amendHd
24 by adding Subsection (a-l) to read as follows:
25 (a-1) The state bar shall credit an attorney licensed :In
26 this state with meeting the minimum continuing leqal education
27 requirements of the state bar for a reporting year if during the
82R32127 JJT-D 98
•
S. B. No. 1811
82R32127 JJT-D 99
• ••
14 health benefit plan provided under the group benefits program wh(~
24 follows:
25 (b) Except as provided by Subsections (b-l), (c), (e), (f),
26 and (h), money in the fund may not be appropriated for any purpose,
27 (b-l) NotWithstanding the limitations and requirements of
12 subsection.
13 SECTION 37.04. This article takes effect immediately i'=
14 this Act receives a vote of two-thirds of all the members elected to)
15 each house, as provided by Section 39, Article III, Texas
16 Constitution. If this Act does not receive the vote necessary for
17 immediate effect, this article takes effect September 1, 2011.
18 ARTICLE 38. EMPLOYER ENROLLMENT FEE FOR PARTICIPATION IN CERTAIN
19 HEALTH BENEFIT PLANS
20 SECTION 38.01. Subchapter G, Chapter 1551, Insurance Code,
21 is amended by adding Section 1551.3076 to read as follows:
22 Sec. 1551.3076. EMPLOYER ENROLLMENT FEE. (a) The board of
23 trustees shall assess each employer whose employees participate in
24 the group benefits program an employer enrollment fee in an amounl
25 not to exceed a percentage of the employer's total payroll, as
26 determined by the General Appropriations Act.
27 (b) The board of trustees shall deposit the enrollment fees
22 CgMMISSIgN]
23 SECTION 39.06. Sect ion 2175.181, Government Code, is
24 amended to read as follows:
25 Sec. 2175.181. APPLICABILITY. [(al ~Ais S1:llaeAap~er applies
26 aBly te S\:iI;pl\i6 aHa Gal'Ja~e prepelty lesatea iRI
26 and the amount of the fee collected under Section 2175.188, shall be
27 deposited to the credit of the general revenue fund of the state
S . B. No. 1811
1 treasury.
2 SECTION 39.16. Subchapter Z, Chapter 2175, Government Code,
3 is amended by adding Sections 2175.905 and 2175.906 to read as
4 follows:
5 Sec. 2175.905. DISPOSITION OF DATA PROCESSING EQUIPMENT.
6 (a) If a disposition of a state agency's surplus or salvage data
7 processing equipment is not made under Section 2175.184, the state
8 agency shall transfer the equipment to:
9 (1) a school district or open-enrollment charter
10 school in this state under Subchapter C, Chapter 32, Education
11 Code;
12 (2) an assistance organization specified by the school
13 district; or
14 (3) the Texas Department of Cr imina1 Justice.
15 (b) If a disposition of the surplus or salvage data
16 processing equipment of a state eleemosynary institution or an
17 institution or agency of higher education is not made under other
18 law, the institution or agency shall transfer the equipment to:
19 (1) a school district or open-enrollment charter
20 school in this state under Subchapter C; Chapter 32, Education
21 Code;
22 (2) an assistance organization specified by the school
23 district; or
24 (3) the Texas Department of Criminal Just ice.
25 (c) The state eleemosynary institution or institution or
26 agency of higher education or other state agency may not collect a
27 fee or other reimbursement from the district, the school, the
S . B. No. 1811
1 assistance organization, or the Texas Department of Cr iminal
2 Justice for the surplus or salvage data processing eguipment
3 transferred under this section.
4 Sec. 2175.906. ABOLISHED AGENCIES. On abolition of a state
5 agency, in accordance with Chapter 325, the commission shall take
6 cust·ody of all of the agency's property or other assets as surplus
7 property unless other law or the legislature designates another
8 appropriate governmental entity to take custody of the property or
9 assets.
10 ARTICLE 40. LAW ENFORCEMENT AND CUSTODIAL OFFICER SUPPLEMENTAL
11 RETIREMENT FUND
12 SECTION 40.01. Section 815.317, Government Code, is amended
13 by adding Subsection (a-I) to read as follows:
14 (a-I) The comptroller shall deposit fees collected under
15 Section 133.102(e)(7), Local Government Code, to the credit of thE~
23 applicable, the same amount of money the account or fund would hav~
24 received if the court costs for the accounts and funds had bee:1
25 collected and reported separately, except that the account or funj
26 may not receive less than the following percentages:
27 (1) abused children's counseling 0.0088 percent;
B (7 ) =l~a~w~_~e~n=f~o~r..::c~e~m~e~n~t,--_..::a~n~d:...._..::c~u:.:s~t:.:o::.:d::.:~~.a::.:l=--__o~f::..::.f.:::i.:::c.:::e~r
21 cr edits after December 31, 2012, and dur ing that state f isca1 year.
22 (c) This section expires September 1, 2017.
23 SECTION 41.04. The change in law made by this article doe:>
24 not affect tax liability accruing before the effective date of thi:;
25 article. That liability continues in effect as i f this article had
26 not been enacted, and the former law is continued in effect for th,~
27 collection of taxes due and for civil and criminal enforcement of
S. B. No. 1S1l.
1 Chapter 171, Tax Code, had it continued in existence, or Decembel:
2 31, 2016 [~], and the former law under which the corporation
3 established the credits is continued in effect for purposes 0::
4 determining the amount of the credits the corporation may claim and
5 the manner in which the corporation may claim the credits.
6 ARTICLE 43. STATE PURCHASING
7 SECTION 43.01. Section 2155.082, Government Code, is
B amended to read as follows:
9 Sec. 2155. OB2. PROVIDING CERTAIN PURCHASING SERVICES ON
10 FEE-FOR-SERVICE BASIS OR THROUGH BENEFIT FUNDING. (a) The
11 comptroller [eemmissieR] may provide open market purchasing
12 services on a fee-for-service basis for state agency purchases that
13 are delegated to an agency under Sect ion 2155.131, 2155.132 I
16 ll.l3(c); or
17 (2) an individual who is:
18 (A) the unman ied survivinq spouse of a disable'd
19 veteran; and
20 (B) qualified for an exemption under Sectic,n
21 11.22.
19 iasrease ia the reVeRl:1e fram tAe tau ~Rder tkat oastieR ~~IiR~ t~e
5 iRsrease fA t~e reV8RH€ fram t~e talE l:1R~er tkat seetisa ~YriR~ t~e·
9 SassioR, ~QQ9, Elees Ret aHlaAS SeetieR 1§§,Q211, 'PalE Geae, iA taa1;.
10 maRR8l" Sf is Rat 8a3etee Sf' sees Ret sesame leu, tRio seetisa talte,;.
10 is Ret reE}liirea 1::9 \lse 89QRty faReS 1;9. malts \iii aay Eliffereflee
11 8e~\Jeefl tAB am8\:iRt eeltifiea aRe tAB aHlBl::1Rt reeei'leEi.]
8 the process and discharges the person's duty for that day; and
9 (2) not less than the amount provided in the Genera: o
10 Appropriations Act for each day or fraction of each day the persolt
11 is in attendance in court in response to the process after the firs1:
12 day and discharges the person's duty for that day.
14 1.2013.
22 process of a court for each day or fraction of each day after the
14 if, during an audit under [SestisR l)J,G§9 sf teis ssae sIl Articl'a
15 103.0033(j), Code of Criminal Procedure, the Office of Court
16 Administration of the Texas JUdicial System [esIIlfltIsllell
17 determines that the municipality or county is not in compliance
18 with Article 103.0033, Code of Criminal Procedure. The
19 municipality or county may continue to retain a service fee under
20 this section on receipt of a written confirmation from the Office of
21 Court Administration of the Texas Judicial System [ssIIlfltrslleI]
22 that the municipality or county is in compliance with Article
23 103.0033, Code of Criminal Procedure.
24 SECTION 52.03. Subsection (c-1), Section 133.103, Loce,l
25 Government Code, is amended to read as follows:
26 (c-1) The treasurer shall send 100 percent of the feE,s
27 collected under this section to the comptroller if, dur ing an audi.t
16 section to the health care providers that are part of the managed
1 funding; and
2 (2) provide detailed guidelines as to the scope of the
3 local programs in the municipalities described by Subsection (a).
27 grant or contract;
S . B. No. 1811
1 (2) designate programs to which the assurances are
2 applicable; and
3 ( 3) revise the assur ances .
4 SECTION 55.03. Section 783.006, Government Code, is amended
5 to read as follows:
6 Sec. 783.006. STANDARD FINANCIAL MANAGEMENT CONDITIONS.
7 (a) The comptroller [§evezRez's effieel shall compile and
B distribute to each state agency an official compilation of standard
9 financial management conditions.
10 (b) The comptroller [§eveIRez's effieel shall develop the
11 compilation from Federal Management Circular A-I02 or from a
12 revision of that circular and from other applicable statutes and
13 regulations.
5 (3) an escrow;
21 made under the fund during each [fer tae] preceding [taree] state
22 fiscal year [years]:
23 (1) the total number and amount of awards made;
24 (2) the number and amount of awards made under
25 Subchapters D, E, and F;
26 (3) the aggregate total of private sector investment,
27 federal government funding, and contributions from other sourCE:S
5 receiving awards under the fund and of other investments made by thE,
6 governor, on behalf of the state! in connection with an award undel~
153
S.B. No. 1811
12 traRsferred \:lRaer tRis Jl at al§Jl afJA: may Ret 8l£seee tl:le aIR8tlAt
S. B. No. 1811
6 term also includes the use of land to raise or keep bees fOJ:
7 pollination or for the production of human food or other tangibll~
8 products having a commercial value, provided that the land used ill
9 not less than 5 or more than 20 acres.
10 SECTION 58.02. This article applies only to the appraisal
11 of land for ad valorem tax purposes-for a tax year that begins on 0::
12 after the effective date of this Act.
13 ARTICLE.59. PLACE OF BUSINESS OF A RETAILER FOR SALES TAX PURPOSES
14 SECTION 59.01. Subdivision (3), Subsection (a), Sectio:l
15 321. 002, Tax Code, is amended to read as follows:
16 (3) "Place of business of the retailer" means an
17 established outlet, office, or location operated by the retailer or
18 the retailer's agent or employee for the purpose of receiving
19 orders for taxable items and includes any location at which three or
20 more orders are received by the retailer during a calendar year. A
21 warehouse, storage yard, or manufacturing plant is not a "place of
22 business of the retailer" unless at least three orders are received
23 by the retailer during the calendar year at the warehouse, storage
24 yard, or manufacturing plant. An outlet, office, facility, or ~y
19 percentage less than 6.5 percent for the state fiscal year
20 beginning September 1, 2011, the member's contribution is not
21 required to be computed using a percentage equal to the percentage
22 used to compute the state contribution for that biennium. This
23 subsection expires September I, 2012.
24 (h-I) Notwithstanding Subsection (hI, if the state
25 contribution to the law enforcement and custodial officer
26 supplemental retirement fund is computed using a percentage less
27 than 0.5 percent for the state fiscal year beginning September 1,
6 UNCLAIMED PROPERTY
7 SECTION 62.01. Subsection (a) / Section 411.0111/
8 Government Code / is amended to read as follows:
9 (a) Not later than June 1 of every fifth [eaefil year, the
10 department shall provide to the comptroller, for the purpose of
11 assisting the comptroller in the identification of persons entitled
12 to unclaimed property reported to the comptroller / the name /
13 address, social security number, date of birth, and driver's
14 license or state identification number of each person about whom
15 the department has such information in its records.
16 SECTION 62.02. Subsection (a), Section 811.010, Government
17 Code, as added by Chapter 232 (S.B. 1589), Acts of the 81st
18 Legislature, Regular Session / 2009/ is amended to read as follows:
19 (a) Not later than June 1 of every fifth [eaefil year, the
20 retirement system shall provide to the comptroller / for the purpose
21 of assisting the comptroller in the identification of persons
22 entitled to unclaimed property reported to the comptroller, the
23 name, address, social security number, and date of birth of each
24 member, retiree, and beneficiary from the retirement system's
25 records.
26 SECTION 62.03. Subsection (a), Section 821.010, Government
27 Code, is amended to read as follows:
22 2016.
23 ARTICLE 63. AD VALOREM TAXATION OF CERTAIN STORED PROPERTY
24 SECTION 63.01. Subsection (a), Section 11.253, Tax Code, is
14 this state. For component parts held in bulk, the chief appraiseJ:
15 may use the average length of time a component part was held by th,!
16 owner of the component parts dur ing the preceding year at a location
17 in this state that was not owned by or under the control of the owne:r
18 of the component parts in determining whether the component part"
19 were transported to another location in this state or outside thi3
20 state before the expiration of 175 days.
21 (h) The chief appraiser by written notice delivered to a
22 property owner who claims an exemption under this section may
23 require the property owner to provide copies of property reGords so
24 the chief appraiser can determine the amount and value of
25 goods:-in-transit and that the location in this state where the
26 goods-in-transit were detained for storage [assemllliR~, staliR~T
27 .HlaR~faetaliR~, ~leeessiR~, ar faerieatiR§ ~~r~ese6] was not owned
1 (j) the governing body of a taxing unit, before September 1, 2011 I'.
4 of a debt of the taxing unit, the tax off icials of the taxing uni'~
25 and
26 (2) demonstrates financial need as determined in
27 accordance with guidelines adopted by the board that are consistent
10 high school student in a course offered for joint high school and
11 junior college credit under this section, excluding a course fo:c
12 which the student attending high school may receive course credi~
7 operations tax rate that is below the rate egua1 to the product of:
12 less than the rate egual to the product of the state compressior~
15 beginning with the maintenance and operations tax rate adopted for
16 the 2009 tax year.
17 ARTICLE 70. TEXAS GUARANTEED STUDENT LOAN CORPORATION; BOARD OF
18 DIRECTORS
19 SECTION 70.01. Subsections (a) and (b), Section 57.13,
27 operations;
8 {cl [ef this sestieR], all money received under and by virtue of
15 Texas A&M URiversity System may appeiFlt eRe 91' mere e9li\fRereial
16 BaRlts, a.e£lssitery tryst esmpanies, af etksl eatities ~e serve ae,
17 8YsteeiaR at B~st8QiaRB af tRB S~esial Miaeral IavestmeRt F\iRe'er
18 see\il::Iities '.Ji'tA. 3\:1tl:t9rity t8 hele. tke meFley realiBeti frem t:A:e6(~
26 the direction of the board for the general use of any component 01:
S. B. No. 1811
1 improvements and in payment of expenses incurred in connection with
14 51.0031. Section 34.017, Natural Resources Code, does not apply tc~
15 the fund [-eRe \:lRi.... ersity system aHa tae lifliversities if) tRe system ..
16 HSl;lcver, AS meaey shall ever he supcRses fram taie f\:1flB ensept 30
10 taxes into a tax increment fund under Chapter 311, Tax Code.
11 (b) Notwithstanding any other law, including Section
12 42.302(b) (2), Education Code, the commissioner of education shall
7 greater of:
12 2009, that would have been received for the school during the
23 42.2516.
31 follows:
11.148.50 CAE
1 (a) A charter holder is entitled to receive for the open-
3 §£eate£ ef:
7 2999, that ue\;lld have eeeR Fceeived feE' tfte sehoe1 eh:lFifl§ tho
17 42.2516].
21 follows:
25 full-time school nurse not less than the minimum monthly salary,
28 following formula:
29 MS = SF x FS
30 where:
14 state afte. leeal fWl9S fleE \.teigfie.ca SEttdcfte aace fieE iaelttele efte
17 il-GGl- 1•
23 aesefiaea :e~J' tHat st::tl3seee:iea feE the fel1e·.... ift~ seBeel year].
11.148.50 CAE
•
5 salary Fl<:tcr .5<164 hQ;ll;] .5582 f,Qilll .$11 (.WI) .!Bl6 (~] .~ hQP.ll
6 Years Elqlerian! 5 6 7 8 9
7 salary Fl<:tcr .6312 f.:1'JIRl .fBI) [...14141 .6l9J ~J .i!!!} [..:l!l5) .12l4 (.lml]
8 Years Elqlerian! 10 11 12 l3 14
9 salary Fl<:tcr .74aI f,ll44l.] .7'!fI2 !.&ll .TIfB f.,&IH.) .iff!! ~J .lmi ~)
10 Years Elqlerian! 15 16 17 18 19
82R32404 eM/X!C1\-D
•
3
4
8
9
10
11
12
13
14
15
16
17
18
19 [ (l)
20 [ (~) tee mauilWt:lR\ \lRifSIiQ alR9\:lRt taat, '.IReA G9JRBiRea "itA aRy
21 resl:l1tiR:J iasreas8s iR tAe ameYRt 8f 8E1RtxilH:itieas mass sy taB
22 eistriet fer seeial seeliIity eev8EaCj8 fer tAB sfJ8eifiea ell\flle~'ee8
82R32404 CAE/KKt< f}
1 (i) Not later than January 1, 2013, the commissioner shall
18 MS = SF x FS
19 where:
15"'1
!
3 state alla l.eeal fl:lllas fle!' liei§hteel stl:leleflt elees flet iflell:lele the
6 2-OOl-1 •
7 (e-1) If the minimum monthly salary determined under
14 (a) Jl. school district may not have a wealth per student
15 that exceeds:
22 less than the rate equal to the product of the state compression
30 Legislative BUdget Board, for the first six cents by which the
3 and operations tax rate adopted by the district for the 2005 tax
6 operations tax effort that exceeds the first six cents by which
15 [ALLO'l'!!EN'l') •
26 formula:
27 A = $4,765 X (DCR/MCR)
28 where:
I'll
,
3 tax rate adopted by the district for the 2005 tax year; and
7 (b) J~ greater amount for any school year for the basic
11 formula:
15 district is entitled;
28 year and 0.98 for the 2012-2013 school year. This subsection
31 to read as follows:
11.148.50 CAE
,
26 one allotments. The sum of the tier one allotments and the
113
!
5 amount equal to the amount the district ,is required to pay into
11 follows:
15 operations tax rate for the 2005 tax year that serves as the
16 basis for state funding [fel' tau l'ato l'ee\:lotiefl \:Ifleel' tHis
17 °
s 0 t i en]. .=I.=f_----'=t~h~e'____'s::.;t::.:a::.t=_e=____.:::c.:::o.:::m""pc::r..::o:.::s:.::s:.::i:.::o:..:n.:.____Jpo:ce:::.=.r.:::c.:::e:..:n..::t.:::a",9:.::o,----,i:;.:s,,----,n:.=o.:::t
23 maintenance and operations tax rate for the 2005 tax year, as a
25 section for that year from the property tax relief fund
28 tax relief.
18 and
20 FCEJuirca toe flay lAte tAe tan ine£CfftCAt ft:lA6 foE' a EciRvestmcnt
21 20flC uflder SootieR 311. G13 (ft), ~an Cede, 1ft tAo
22 year! aRa
29 school year under Rider 86, page III-23, Chapter 1428 (H.B. 1),
/19
1 (2) for a school district that paid tuition under
Ii section did not exist, the effect under Chapter 41 and this
10 (f-1) (1), (2), (3), or (4) on the total state revenue to which
21 Subsections (b) (1) and (2) and Subsection (d) (1) is 100.00
22 percent for the 2011-2012 school year and 92.35 percent for the
23 2012-2013 school year. For -the 2013-2014 school year and ,each
II 11.148.50 CAE
.- .
1 follows:
5 operations tax rate for the 2005 tax year that serves as the
6 basis· for state funding [feF tan Fate Feeh:letiea \:IaeleF tHis
13 maintenance and operations tax rate for the 2005 tax year, as a
15 seetiea feF] that year from the property tax relief fund
18 tax relief.
21 follows:
27 greater than the amount the district would have received per
12 (h) and (i), Section 42.253, Education Code, are amended to read
13 as follows:
16 than the amount to which school districts are entitled for that
19 January 1 'of the second year of the state fiscal biennium. The
28 this chapter and the total amounts necessary for each school
4 R\:lfftBer af eents af iasFease ift ~aJE £a~e if! all tiisE!'iees af)Iiliea
27 follows:
30 than the amount to which school districts are entitled for that
11 this chapter and the total amounts necessary for each school
29 as follows:
18 41.002; or
20 funds per weighted student per cent of tax effort under Section
21 42.302[-r-er
27 (c) (5) (A) (ii) (b) decreases after the publication of the notice
5 adopt a tax rate for the current taK year and shall notify the
6 assessor for the unit of the rate adopted. The tax rate
11 impose the total amount published under Section 26.04 (e) (3) (C),
12 less any amount of additional sales and use tax revenue that
13 will be used to pay debt service, or, for a school district, the
19 year.
24 tax rate that, applied to the current total value for the
27 Chapter 42, Education Code, for the school year beginning in the
28 current tax year using that tax rate, [iReltiaifllj SEaEe ftlftas
4 that school year that would have been available to the district
6 and 42, Education Code, for the current year had been in effect
15 shall pay into the fund an amount equal to the amount by which
16 the amount of taxes the district would have been required to pay
17 into the fund in the current year if the district levied taxes
18 at the rate the district levied in 2005 exceeds the amount the
21 amount the school district receives in state aid for the current
24 receives the state aid to which the district is entitled for the
29 21. 402;
6 (3 ) Section 42.25161;
10 (7 ) Section 42.261.
17 (b) Not later than January 15, 2013, the committee shall
27 Education Code.
11.148.50 CAE
•
2 beginning with adoption of a tax rate for the 2011 tax year.
12 within the county during the quarter and shall issue to each
17 quarter.
11.139.298 SJ:z
H .148.:;0 CA;:l
• Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. ARTICLE 2. FISCAL MATTERS REGARDING ARTICLE 2. Same as House version.
REGULATION AND TAXATION OF INSURERS
No equivalent provision. SECTION _._. Section 221.006, Insurance Code, is SECTION 2.01. Same as House version.
amended by adding Subsection (c) as follows:
(c) An insurer is not entitled to a credit under Subsection (a)
for an examination or evaluation fee paid in calendar vear
2012 or 2013. This subsection expires January I. 2014.
[FAI,3rd]
No equivalent provision. SECTION _._. Section 222.007, Insurance Code, is SECTION 2.02. Same as House version.
amended by adding Subsection (c) as follows:
(c) An insurer or health maintenance organization is not
entitled to a credit under Subsection (a) for an examination or
evaluation fee paid in calendar year 2012 or 2013. This
subsection expires January I. 2014. [FAI,3rd]
No equivalent provision. SECTION _._. Section 223.009, Insurance Code, is SECTION 2.03. Same as House version.
amended by adding Subsection (c) as follows:
(c) A title insurance companv is not entitled to a credit under
Subsection (a) for an examination or evaluation fee paid in
calendar year 2012 or 2013. This subsection expires January
I. 2014. [FAI,3rd]
No equivalent provision. SECTION _ _ Section 401.151, Insurance Code, is SECTION 2.04. Same as House version.
amended by adding Subsection (f) as follows:
<D An insurer is not entitled to a credit under Subsection (e)
for an examination or evaluation fee paid in calendar year
I 11.148.310
.•
•.
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
..
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION _._. Section 401.154, Insurance Code, is SECTION 2.05. Same as House version.
amended as follows:
Sec. 401.154. TAX CREDIT AUTHORIZED.li!) An insurer
is entitled to a credit on the amount of premium taxes to be
paid by the insurer for all examination fees paid under Section
401.153. The insurer may take the credit for the taxable year
during which the examination fees are paid and may take the
credit to the same extent the insurer may take a credit for
examination fees paid when a salaried department examiner
conducts the examination.
(b) An insurer is not entitled to a credit under Subsection (a)
for an examination fee paid in calendar year 2012 or 2013.
This subsection expires January 1. 2014. [FAI,3rd]
No equivalent provision. SECTION 2.01. Section 463.160, Insurance Code, is amended SECTION 2.06. Same as House version.
as follows:
Sec. 463.160. PREMIUM TAX CREDIT FOR CLASS A
ASSESSMENT. The amount of a Class A assessment paid by
a member insurer in each taxable year shall be allowed as a
credit on the amount of premium taxes due [iA tile 5QRle
Hl8RRer 8S 8 sreait is alle'.... eel HRder SeetisR 4Ql.l 31 (e»).
No equivalent provision. SECTION 2.03. Saving provision relating to a tax credit for SECTION 2.07. Same as House version.
an examination or evaluation fee paid on or after January I,
2012. [FA I(2)]
2 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION 4.01. Amends Section 2153.201, Occupations SECTION 5.01. Same as House version.
Code, by amending Subsection (b) and adding Subsection (c)
as follows:
(b) Makes a conforming change and removes the requirement
that an owner who purchases, receives, possesses, handles
exhibits, or displays coin-operated machines maintain a
complete and itemized record of each such machine until the
second anniversary of the date the owner ceases ownership of
the machine that is the subject of the record.
(c) Requires such a record to be available for inspection under
Subsection (b) for at least four years and as required by
Section 111.0041, Tax Code.
No equivalent provision. SECTION 4.02. Amends Section 111.0041, Tax Code, as SECTION 5.02. Same as House version.
follows:
Sec. 11 1.0041. RECORDS: BURDEN TO PRODUCE AND
SUBSTANTIATE CLAIMS. (a) Makes a conforming change
and specifies that., with regard to a provision requiring a
taxpayer who is required to keep records open to inspection by
certain entities for a four-year period, the four-year period is a
minimum requirement.
(b) Requires such a taxpayer to keep records open for
inspection under Subsection (a) for more than four years
throughout any period when:
(I) any tax. penalty. or interest may be assessed. collected, or
refunded by the comptroller: or
(2) an administrative hearing is pending before the
•
3 11.148.310
'.
Senate Bill ] 811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION 4.03. Section 112.052, Tax Code, is amended by SECTION 5.03. Same as House version.
adding Subsection (d) as follows:
Cd) A taxpayer shall produce contemporaneous records and
supporting documentation appropriate to the tax or fee for the
period in question to substantiate and enable verification of a
taxpaver's claim relating to the amount of the tax. penalty. or
interest that is to be assessed. collected. or refunded. as
required by Section I J 1.0041.
4 J 1.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION 4.04. Section 112.151, Tax Code, is amended by SECTION 5.04. Same as House version.
adding Subsection (f) as foHows:
(f) A taxpayer shall produce contemporaneous records and
supporting documentation appropriate to the tax or fee for the
period in question to substantiate and enable verification of a
taxpayer's claim relating to the amount of the tax, penallY, or
interest that is to be assessed, collected, or refunded. as
required by Section 111.0041.
No equivalent provision, SECTION 4.05. Section 151.025(b), Tax Code, is amended as SECTION 5.05. Same as House version.
follows:
(b) A record required by Subsection (a) [SftRis seetisR] shall
be kept for not less than four years from the date [EIay] that it
is made unless~
ill the comptroller authorizes in writing its destruction at an
earlier date~
(2) Section 111.0041 requires that the record be kept for a
longer period.
No equivalent provision. SECTION 4.06. Section 152.063, Tax Code, is amended by SECTION 5.06. Same as House version.
adding Subsection (h) as follows:
(h) Section "111.0041 applies to a person required to keep
records under this chapter.
No equivalent provision. SECTION 4.07. Section 152.0635, Tax Code, is amended by SECTION 5.07. Same as House version.
adding Subsection (e) as follows:
(e) Section 111.0041 applies to a person required to keep
records under this chapter.
No equivalent provision. SECTION 4.08. Section 154.209(a), Tax Code, is amended as SECTION 5.08. Same as House version.
follows:
(a) Except as provided by Section 111.0041. each [Baeh]
permit holder shall keep records available for inspection and '.
5 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION 4.09. Section 155.1 IO(a). Tax Code, is amended as SECTION 5.09. Same as House version.
follows:
(a) Except as provided by Section 111.004lo each [J>aek]
permit holder shall keep records available for inspection and
copying by the comptroller and the attorney general for at
least four years.
No equivalent provision. SECTION 4.10. Section 160.046, Tax Code, is amended by SECTION 5.10. Same as House version.
adding Subsection (g) as follows:
(g) A person required to keep records under this section shall
also keep the records as required by Section 111.0041.
No equivalent provision. SECTION 4.1 lo Subchapter A, Chapter 162, Tax Code, is SECTION 5.11. Same as House version.
amended by adding Section 162.0125 as follows:
Sec. 162.0125. DUTY TO KEEP RECORDS. A person
required to keep a record under this chapter shall also keep the
record as required by Section 111.0041.
No equivalent provision. SECTION 4.12. This article takes effect immediately if this SECTION 5.12. Same as House version.
Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article lIl, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect September I,
201 I.
ARTICLE lo FOUNDATION SCHOOL PROGRAM ARTICLE 7. CERTAIN FOUNDATION SCHOOL ARTICLE 1. Same as Senate version.
PAYMENTS PROGRAM PAYMENTS
SECTION 1.01. Amends Subsections (c), (d), and (f), Section SECTION 7.01 Sections 42.259(c), (d). and (f), Education SECTION loOlo Same as Senate version.
6 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.015. Amends Section 42.259, Education Code, Same as Senate version.
by adding Subsection (f-1). [FA5,3rd(2)]
SECTION 1.02. Repeals Subsection (c), Section 466.355, SECTION 7.02. Same as Senate version. No equivalent provision.
Government Code.
SECTION 1.03. Makes the changes made by this article to SECTION 7.03. Substantially the same as Senate version. SECTION 1.02. Same as Senate version.
Section 42.259, Education Code, applicable only to a payment
from the foundation school fund that is made on or after the
effective date of this act and provides that a payment to a
school district from the foundation school fund that is made
before that date is governed by Section 42.259, Education
Code, as it existed before amendment by this article, and the
former law is continued in effect for that purpose.
No equivalent provision. SECTION 7.04. This article takes effect September 1,2011. Same as Senate version.
8 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
ARTICLE 2. SALE OF CERTAIN STATE PROPERTY ARTICLE _ SALE OF CERTAIN REAL PROPERTY No equivalent provision.
HELD BY CERTAIN STATE AGENCIES [FAl,FA2]
SECTION 2.01. (a) Requires the General Land Office, not SECTION _.0 I. Substantially the same as Senate version. No equivalent provision.
later than August 31, 2013, to offer for sale on behalf of each [FAI,FA2)
holder of real property the tracts of real property described by
Section 2.02 of this article.
(b) Requires the sale, except as otherwise provided, to be
conducted as provided by Section 31.158, Natural Resources
Code.
SECTION 2.02. Makes Section 2.01 of this article applicable SECTION .03. PROPERTY DESCRIPTIONS. (a) Sets out No equivalent provision.
to property described according to General Land Office Real descriptions for certain property held by the Texas
Property ID number and Parcel number, as applicable. Department of Criminal Justice.
(b) Sets out descriptions for certain property held by the Texas
Department of Transportation.
(c) Sets out descriptions for certain property held by the Texas
Facilities Commission.
(d) Sets out descriptions for certain property held by the
Health and Human Services Commission.
(e) Sets out descriptions for certain property held by the Parks
and Wildlife Department. [FA I,FA2)
SECTION 2.03. Requires the proceeds from the sales SECTION _.04. Substantially the same as Senate version No equivalent provision.
authorized by Section 2.01 of tllis article to be deposited in except refers to proceeds from the sales authorized by Section
the state treasury to the credit of the general revenue fund. 1 ofthis act. [FAI,FA2)
No equivalent provision. SECTION .05. Amends Section 2165.256(b), Government Same as Senate version.
Code, relating to the property dedicated for cemetery purposes
as part of the State Cemetery. [FAI,FA2) ..
9 11.\48.310
.'
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION _.06. EFFECTIVE DATE. [FAI,FA2] Same as Senate version.
SECTION 3.01. Amends Subsections (a-I), (t), and (f-I), No equivalent provision. Same as House version.
Section 151.157, Tax Code.
SECTION 3.02. Amends Subsections (b) and (c), Section No equivalent provision. Same as House version.
151.1575, Tax Code.
SECTION 3.03. Amends Subsection (g), Section 151.158, No equivalent provision. Same as House version.
Tax Code.
SECTION 3.04. Saving provision relating to documentation No equivalent provision. Same as House version.
issued on or after the effective date of this article.
ARTICLE 4. STATE SALES AND FRANCHISE TAX No equivalent provision. ARTICLE 4. Same as Senate version.
REFUNDS FOR CERTAIN AD VALOREM TAXPAYERS
No equivalent provision. ARTICLE _. TAX REFUNDS FOR CERTAIN AD Same as Senate version.
VALOREM TAX PAYERS [FA74]
SECTION 4.01. Repeals Subchapter F, Chapter 111, Tax SECTION .01. Same as Senate version. [FA74 reverts the SECTION 4.0 I. Same as Senate version.
Code. text to the Senate engrossed version.]
SECTION 4.02. The repeal of Subchapter F, Chapter Ill, Tax SECTION _.02. The repeal of Subchapter F, Chapter I I I, SECTION 4.02. Same as Senate version.
Code, by this article does not affect an eligible p~rson's right Tax Code, by this article does not affect an eligible person's
to claim a refund of state Sales,and usciimd sta,eJranch~se right to claim a refund of state taxes collected· ~nd~r Chap!ers
taxes that was established under Section 111.30 I, Tax Code, HeaiidI71, TaX Code; that was established under Section
in relation to taxes paid before the effective date of this lirticie 111.301, Tax Code, in relation to taxes paid before the
in a calendar year for which the person paid ad valorem taxes effective date of this Act in a calendar year for which the
to a school district as provided by Section 111.30 I, Tax Code, person paid ad valorem taxes to a school district as provided
10 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
ARTICLE 5. STATE PURCHASING No equivalent provision. ARTICLE 43. Same as Senate version.
SECTION 5.01. Amends Section 2155.082, Government ARTICLE _. MISCELLANEOUS PROVISIONS [Part], SECTION 43.01. Same as Senate version except in (c) adds a
Code, PROVIDING CERTAIN PURCHASING SERVICES SECTION _. Section 2155.082, Government Code [FAI6] condition that the state agency on behalf of which the
ON FEE-FOR-SERVICE BASIS OR THROUGH BENEFIT Same as Senate version. procurement is to be made agrees.
FUNDING, as follows:
Sec. 2155.082. (aHb) Makes conforming changes relating to [The conference committee may have exceeded the limitations
the transfer of certain powers of the Texas Facilities imposed on its jurisdiction. but only the presiding officer can
Commission to the comptroller of public accounts. make the final determination on this issue.]
(c) Authorizes the comptroller to engage a consultant to assist
with a particular procurement on behalf of a state agency and
pay the consultant from the cost savings realized by the state
agency.
ARTICLE 6. UNCLAIMED PROPERTY ARTICLE 8. Same as Senate version. ARTICLE 6. Same as Senate version.
SECTION 6.01. Amends Subsection (a), Section 72.101, No equivalent provision. SECTION 6.0 I. Same as Senate version.
Property Code.
SECTION 6.03. Amends Subsection (c), Section 72.102, No equivalent provision. SECTION 6.03. Same as Senate version.
Property Code.
SECTION 6.04. Amends Section 72. I03, Property Code. No equivalent provision. SECTION 6.04. Same as Senate version.
SECTION 6.05. Amends Section 73.1 0 I, Property Code, by No equivalent provision. SECTION 6.05. Same as Senate version.
amending Subsection (a) and adding Subsection (c).
SECTION 6.06. Amends Subsection (a), Section 74.101, SECTION 8.01. Same as Senate version except changes the SECTION 6.06. Same as House version.
Property Code, as follows: date to Marc" 1. [FAI(5)]
(a) Changes from June 30 to June 1 the date on which each
holder of certain property that is presumed abandoned is
required to file a report of that property by a certain deadline
and changes that deadline from on or before the following
November I to on or before the following July I.
SECTION 6.07. Amends Subsection (a), Section 74.1011, SECTION 8.02. Same as Senate version except makes the SECTION 6.07. Same as House version.
Property Code, as follows: requirement applicable to a person who holds such property
(a) Requires a person who holds property on June 1, rather on Marc" 1. [FA I (6)]
than June 30, valued at more $250 that is presumed
abandoned to mail to the last known address of the known
owner on or before the preceding May 1, rather than on or
before the following August I, written notice stating that the
holder is holding the property and the holder may be required
to deliver the property to the comptroller by a certain deadline
if unclaimed. Changes that deadline from on or before
November I to on or before July I.
SECTION 6.08. Amends Subsections (a) and (c), Section SECTION 8.03. Same as Senate version except changes the SECTION 6.08. Same as House version.
74.301, Property Code, as follows: date to Marc" 1. [FA I(7)]
(a) Changes from June 30 to June 1 the date on which each
holder of certain property presumed to be abandoned is
12 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
SECTION 6.09. Amends Subsection (e), Section 74.601, No equivalent provision. SECTION 6.09. Same as Senate version.
Property Code.
SECTION 6.10. Amends Section 74.708, Property Code, as SECTION 8.04. Same as Senate version except changes the SECTION 6.10. Same as House version.
follows: date to Marcil 1. [FA1(8)]
Sec. 74.708. PROPERTY HELD IN TRUST. Among other
provisions, changes from June 30 to June 1 the date on which
a holder who holds certain property presumed abandoned
holds the property in trust for the benefit of the state on behalf
of the missing owner and is liable to the state for the full value
of the property, plus any accrued interest and penalty.
No equivalent provision. SECTION 8.05. (a) Except as provided by Subsection (b) of SECTION 6.11. Same as House version.
this section, this article takes effect September 1,2011.
(b) Sections 74.101(a), 74.1011(a), 74.30I(a) and (c), and
74.708, Property Code, as amended by this article, take effect
January 1,2013.
SECTION 6.11. A charge imposed on a money order under No equivalent provision. SECTION 6.12. Same as Senate version.
Section 72.103, Property Code, by a holder before the
effective date of this article is governed by the law applicable
to the charge immediately before the effective date of this
article, and the holder may retain the charge.
ARTICLE 7. CLASSIFICATION OF JUDICIAL AND No equivalent provision. ARTICLE 7. Same as Senate version.
COURT PERSONNEL TRAINING FUND
"
13 11.148.310
•
•
Senate BiI11811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
SECTION 7.0 I. Amends Section 56.00 I, Government Code, ARTICLE _ FISCAL MATTERS REGARDING SECTION 7.01. Same as Senate version.
as follows: JUDICIAL AND COURT PERSONNEL TRAINING FUND.
Sec. 56.001. JUDICIAL AND COURT PERSONNEL [Part] SECTION _.0 I. Same as Senate version. [FA85
TRAINING FUND. reverts the text back to the Senate engrossed version.]
ARTICLE 8. PROCESS SERVER CERTIFICATION FEES No equivalent provision. ARTICLE 8. Same as Senate version.
SECTION 8.01. Amends Subchapter A, Chapter 51, ARTICLE _ FISCAL MATTERS REGARDING SECTION 8.01. Same as Senate version.
Government Code, by adding Section 51.008, FEES FOR PROCESS SERVERS [Part] SECTION _.01. Same as
PROCESS SERVER CERTIFICATION. Senate version. [FA85 reverts the text back to the Senate
engrossed version.]
SECTION 8.02. (a) Sets out applicability for the fees No equivalent provision. SECTION 8.02. Same as Senate version.
recommended and approved under Section 51.008,
Government Code, as added by this article.
(b) Requires the Office of Court Administration of the Texas
Judicial System to prorate the process server certification fee
so that a person who holds a process server certification on the
effective date of this article pays only that portion of the fee
that is allocable to the period during which the certification is
valid. On renewal of the certification on the new expiration
date, the entire certification renewal fee is payable.
ARTICLE 9. FEES FOR DELIVERY OF CERTAIN ARTICLE _ FISCAL MATTERS REGARDING ARTICLE 9. Same as House version.
PETROLEUM PRODUCTS PETROLEUM INDUSTRY REGULATION [FA5]
SECTION 9.01. Amends Subsection (b), Section 26.3574, SECTION _.0 I. Same as Senate version except reduces the SECTION 9.01. [Part] Same as House version.
Water Code, as follows: fees as follows: from $3.75 to not more than $3.125 for each
(b) Removes the applicable period to impose a fee on the delivery into a cargo tank having a capacity of less than 2,500
delivery of a petroleum product on withdrawal from bulk of gallons; from $7.50 to not more than $6.25 for each delivery
that product. into a cargo tank having a capacity of 2,500 or more but less
than 5,000 gallons; from $11.75 to not more than $9.37 for
14 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. (b-I) Requires the Texas Natural Resource Conservation SECTION 9.01. [Part] Same as House version.
Commission by rule to set the amount ofthe fee in Subsection
(b) in an amount not to exceed the amount necessary to cover
the agency's costs of administering this subchapter, as
indicated by the amount appropriated by the legislature from
the petroleum storage tank remediation account for that
purpose. [FA5]
ARTICLE 10. REMIITANCE AND ALLOCATION OF No equivalent provision. ARTICLE 10. Same as Senate version.
CERTAIN MOTOR FUELS TAXES
SECTION 10.0 I. Amends Section 162. J 13, Tax Code, by No equivalent provision. SECTION 10.01. Same as Senate version.
adding Subsections (a-I), (a-2), (a-3), and (a-4).
SECTION 10.02. Amends Section 162.214, Tax Code, by No equivalent provision. SECTION 10.02. Same as Senate version.
adding Subsections (a-I), (a-2), (a-3), and (a-4).
SECTION 10.03. Amends Section 162.503, Tax Code, No equivalent provision. SECTION 10.03. Same as Senate version except includes July
ALLOCATION OF GASOLINE TAX, as follows: 2013 as a period during which the comptroller may not
(b) Prohibits the comptroller from allocating revenue allocate revenue otherwise required to be allocated before the
otherwise required to be allocated under Subsection (a) during first workday of September 2013.
August 2013 before the first workday of September 20 I3.
Requires the revenue to be allocated as otherwise provided by
'.
15 11.148.310
<.
Senate BiIl1811
Conference Committee Report
Section-by-Section Analysis
•
SECTION 10.04. Amends Section 162.504, Tax Code, No equivalent provision. SECTION 10.04. Same as Senate version except includes July
ALLOCATION OF DIESEL FUEL TAX, as follows: 2013 as a period during which the comptroller may not
(b) Prohibits the comptroller from allocating revenue allocate revenue otherwise required to be allocated before the
otherwise required to be allocated under Subsection (a) during first workday of September 2013.
August 2013 before the first workday of September 2013.
Requires the revenue to be allocated as otherwise provided by
Subsection (a) not later than the fifth workday of September
2013. Sets this subsection to expire September 1,2015.
SECTION 10.05. The expiration of the amendments made to No equivalent provision. SECTION 10.05. Same as Senate version.
the Tax Code in accordance with this article does not affect
tax liability accruing before the expiration of those
amendments. That liability continues in effect as if the
amendments had not expired, and the former law is continued
in effect for the collection of taxes due and for civil and
criminal enforcement of the liability for those taxes.
ARTICLE I I. REMITIANCE OF MIXED BEVERAGE No equivalent provision. ARTICLE I I. Same as Senate version.
TAXES AND TAXES AND FEES ON CERTAIN
ALCOHOLIC BEVERAGES
SECTION 11.0 I. Amends Section 34.04, Alcoholic Beverage No equivalent provision. SECTION 11.01. Same as Senate version.
Code, by adding Subsections (c), (d), and (e).
SECTION I 1.02. Amends Section 48.04, Alcoholic Beverage No equivalent provision. SECTION I 1.02. Same as Senate version.
Code, by adding Subsections (c), (d), and (e).
SECTION 11.03. Amends Section 201.07, Alcoholic No equivalent provision. SECTION 11.03. Same as Senate version.
Beverage Code.
16 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
SECTION 11.05. Amends Section 203.03, Alcoholic No equivalent provision. SECTION 11.05. Same as Senate version.
Beverage Code, by amending Subsection (b) and adding
Subsections (c), (d), and (e).
SECTION 11.06. Amends Section 183.023, Tax Code, No equivalent provision. SECTION 11.06. Same as Senate version.
PAYMENT.
SECTION 11.07. Saving provision relating to tax liability No equivalent provision. SECTION 11.07. Same as Senate version.
accruing before the expiration of the amendments made to the
Alcoholic Beverage Code and Tax Code in accordance with
this article.
ARTICLE 12. CIGARETTE TAX STAMPING No equivalent provision. ARTICLE 12. Same as Senate version.
ALLOWANCE
SECTION 12.01. Subsection (a), Section 154.052, Tax Code, No equivalent provision. SECTION 12.01. Same as Senate version except sets the
is amended as follows: distributor's stamping allowance at 2.5 percent of the face
(a) A distributor is, subject to the provisions of Section value of stamps purchased.
154.051, entitled to two (tMee] percent of the face value of
stamps purchased as a stamping allowance for providing the
service of affixing stamps to cigarette packages, except that an
out-of-state distributor is entitled to receive only the same
percentage of stamping allowance as that given to Texas
distributors doing business in the state of the distributor.
SECTION 12.02. Saving provision relating to cigarette stamps No equivalent provision. SECTION 12.02. Same as Senate version.
purchased on or after the effective date of this article.
"
17 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
..
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
ARTICLE 13. FISCAL MATIERS REGARDING BASIC No equivalent provision. Same as House version.
CIVIL LEGAL SERVICES, INDIGENT DEFENSE, AND
JUDICIAL TECHNICAL SUPPORT
ARTICLE 14. SALES FOR RESALE No equivalent provision. ARTICLE 13. Same as Senate version.
SECTION 14.01. Section 151.006, Tax Code, is amended by No equivalent provision. SECTION 13.01. Same as Senate version except in (5) as
amending Subsection (a) and adding Subsection (c) as follows:
follows:
(a) "Sale for resale" means a sale of ... (a) "Sale for resale" means a sale of ...
(5) tangible personal property to a purchaser who acquires the (5) except as Provided bySlil)section'(c), tangible personal
property for the sole purpose of transferring it as an integral property to a purchaser who acquires the property for the
part of performing a contract with the federal government purpose of transferring it as an integral part of performing a
only if the purchaser: contract, or a subcontract of a contract, with the federal
(A) allocates to the contract the cost of the property as a direct government only if the purchaser:
or indirect cost; (A) allocates or charges to the contract the cost of the property
(B) billsthecoslofthepropertyiothe' federai govemmenifor as a direct or indirect cost; and
reimbursement and
(C) transfers title to the property to the federal government
under the contract and applicable federal acquisition (Bl transfers title to the property to the federal government
regulations. under the contract and applicable federal acquisition
(c) Except as otherwise provided bytlii5"chapter. a sale for regulations.
resale does not include the sale of tangible personal property (cl A sale for resale does not include the sale of tangible
or a taxable service to a purchaser who acquires the property personal property or a taxable service to a purchaser who
or service for the purpose of perfonning a service that is not acquires the property or service for the purpose of performing
subject to taXation under this chapter. regardless of whether a service that is not taxed under this chapter. regardless of
title transfers to the purchaser's customer. whether title transfers to the service provider's customer.
unless thetangibleD¢rsoriillprooeity or"taxable serVice is
purchased for the purpose of reselling it to the United States hi
a contract 'with any branch of the Departments of'Defense;
Homeland SecuriW;'Energy. National AeronllUtics and Space
Administration. : Central, Intelligence :Agency" National
Securiiy:Agimcy, National Oceanic and . Atmosphenc
18 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
SECTION 14.02. This article takes effect immediately if this No equivalent provision. SECTION 13.02. Same as Senate version.
Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect September I,
2011.
ARTICLE 15. COLLECTION IMPROVEMENT PROGRAM ARTICLE 5. Same as Senate version. ARTICLE 52. Same as Senate version.
SECTION 15.01. Subsections (t), (h), (i), and 0), Article SECTION 5.01. Same as Senate version except in (b), (c), (e), SECTION 52.01. Same as Senate version.
103.0033, Code of Criminal Procedure, are amended as (h), (i), and 0) as follows:
follows:
No equivalent provision. (b) Changes the entities to which the collection improvement (b) Same as Senate version.
program applies from only a county with a population of
50,000 or greater and a municipality with a population of
100,000 or greater to each county in this state and to each
municipality with a population of 100,000 or greater.
No equivalent provision. (c) Authorizes, rather than requires, a county to develop and (c) Same as Senate version.
implement a program that complies with the prioritized
implementation schedule under Subsection (h) and removes a
requirement that a program include district, county, and
justice courts.
No equivalent provision. (e) Requires the Office of Court Administration of the Texas (e)Same as Senate version.
Judicial System, by a certain deadline, to identifY those
counties and municipalities that have not implemented a '.
19 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
(h) The officer, in ssasliitatien witA tAs selRptFellsF,] may: (h) The officer, IA SSAsliltatisa witA tAs sSlRptrellsr,] may: (h) Same as Senate version.
(I) use case dispositions, population, revenue data, or other (I) use case dispositions, population, revenue data, or other
appropriate measures to develop a prioritized implementation appropriate measures to develop a prioritized implementation
schedule for programs; and schedule for programs; and
(2) determine whether it is not cost-effective to implement a (2) fora' mUJiidpalihi, determine whether it is not aCiuiin'y
program in 8, i:Q).lIit'Y or municipality and grant a waiver to the cost-effective to implement a program in the' [ae'slIa1;:,'sr]
countyoi municipality. municipality and grant a waiver to the [e~lIfl1;:,', ~r)
municipality.
(i) Each county and municipality shall at least annually submit (i) Each county that implemeritsii brogram and each (i) Same as Senate version.
to the office [ans tAe SSlRptFslleF] a written report that municipality shall at least lIIlnually submit to the office [eaa
includes updated information regarding the program, as tAs sSlRptrellsr] a written report that includes updated
determined by the office [ia sespsFI>tisa witA tAe information regarding the program, as determined by the
SSlRptFslleF]. The report must be in a form approved by the office [iR eeefJBF8tieR witH tAB e8fflfJtFeller]. The report must
office [iA ssspeF8tisa witA tAs sSlRptFellsr]. be in a form approved by the office [in SsspsF8tisn witll tlls
sSlRptFslIsr].
G) The office [sslRptrslIsF] shall periodically audit couniies (j) The office [selRptreller) shall periodically audit [es~~ties (j) Same as Senate version.
lIIl~ municipalities to verify information reported under eaa] municipalities to verify information reported under
Subsection (i) and confirm that the county 'or municipality is Subsection (i) and confirm that the [se~ni:?eF] municipality is
conforming with requirements relating to the program. [+Ile conforming with requirements relating to the program. [+Ile
eeffifJtFeller sHall aeRsH). wi~ tAe ames 18 eletefffliniAg hew eeH\ptFelier 51:1811 eeRsldt witH the eff.'iee i8 EJeteffHiRiRg Rew
ffeElH:eRtl~r fa aBBeys! audits HREler tRis seetieR.] frBElNBRtly ts eeA8l:let QuailS HAaer this seetieA.] [FAl(4)]
SECTION 15.02. Subsection (e), Section 133.058, Local SECTION 5.02. Section 133.058 (e), Local Government SECTION 52.02. Same as Senate version.
Government Code, is amended as follows: Code, is amended as follows:
(e) A municipality or
countY may not retain a service fee if, (e) A municipality [sfsellR~;] may not retain a service fee if,
20 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
SECTION 15.03. Subsection (c-I), Section 133.103, Local SECTION 5.03. Section 133.103(c-1), Local Government SECTION 52.03. Same as Senate version.
Government Code, is amended as follows: Code, is amended as follows:
(c-l) The treasurer shall send 100 percent of the fees collected (c-1) The treasurer shall send to the comptroller 100 percent
under this section to the comptroller if, during an audit under of the fees collected under this section bv a municipalitY [te
[SeetieA 133.QS9 eflRis eede er] Article 103.0033(j), Code of IRe eelRlltreller] if, during an audit under [SeetieA 133.QS9 ef
Criminal Procedure, the Office of Court Administration of the tRis eede er] Article 103.00330), Code of Criminal Procedure,
Texas Judicial System [eelRlllreller] determines that the the Office of Court Administration of the Texas Judicial
municipality or county is not in compliance with Article System [eelRlltreller] determines that the municipality fer
103.0033, Code of Criminal Procedure. The municipality Or eetHlty] is not in compliance with Article 103.0033, Code of
county shall continue to dispose of fees as otherwise provided Criminal Procedure. The municipality [er eellR!)'] shall
by this section on receipt of a written confirmation from the continue to dispose of fees as otherwise provided by this
Oftice'ofCouitAdministration of the TexaS Judicial System section on receipt of a written confirmation from the office
[eelR~lreller] that the municipality or county is in compliance [eelRlltreller] that the municipality [er eeliRty] is in
with Article 103.0033, Code of Criminal Procedure. compliance with Article 103.0033, Code of Criminal
Procedure. [FAl(4)]
No equivalent provision. SECTION 5.04. This article takes effect September 1,2011. Same as Senate version.
ARTICLE 16. REMITTANCE AND ALLOCATION OF No equivalent provision. Same as House version.
FRANCHISE TAX ..
21 11.148.310
'.
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
ARTICLE 17. REMITTANCE OF SALES AND USE No equivalent provision. ARTICLE 14. Same as Senate version.
TAXES
SECTION 17.01. Amends Section 151.401, Tax Code, by No equivalent provision. SECTION 14.01. Same as Senate version.
adding Subsections (c), (d), and (e).
SECTION 17.02. Amends Section 151.402, Tax Code. No equivalent provision. SECTION 14.02. Same as Senate version.
SECTION 17.03. Saving provision relating to tax liability No equivalent provision. SECTION 14.03. Same as Senate version.
accruing before the expiration of the amendments made to the
Tax Code in accordance with this article.
ARTICLE 18. REPORTS REGARDING CERTAIN SALES No equivalent provision. ARTICLE 15. Same as Senate version.
OF ALCOHOLIC BEVERAGES
SECTION 18.0 I. Amends Section 1l1.006, Tax Code, by No equivalent provision. SECTION 15.01. Same as Senate version.
adding Subsections (h) and (i).
SECTION 18.02. Amends Chapter 151, Tax Code, by adding No equivalent provision. SECTION 15.02. Same as Senate version.
Subchapter I-I, and adding the following heading to that
subchapter; SUBCHAPTER I-I. REPORTS BY PERSONS
INVOLVED IN THE MANUFACTURE AND
DISTRIBUTION OF ALCOHOLIC BEVERAGES
SECTION 18.03. Amends Subchapter I-I, Chapter lSI, Tax No equivalent provision. SECTION 15.03. Same as Senate version.
Code, as added by this Act, by adding Sections 151.462,
151.463, 151.464, 151.465, 151.466, 151.467, 151.468,
151.469, 151.470, and 151.471, and transferring Section
151.433, Tax Code, to Subchapter I-I, Chapter 151, Tax
Code, and redesignating it as Section 151.461, Tax Code.
22 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
SECTION 18.04. Saving provision relating to a report due on No equivalent provision. SECTION 15.04. Same as Senate version.
or after the effective date of this article.
No equivalent provision. ARTICLE 6. PENALTIES FOR FAILURE TO REPORT OR ARTICLE 16. Same as House version.
REMIT CERTAIN TAXES OR FEES
No equivalent provision. SECTION 6.01. Amends Section 111.00455(b), Tax Code, as SECTION 16.0 I. Same as House version.
follows:
(b) The following are not contested cases under Subsection (a)
and Section 2003.101, Government Code:
(I) a show cause hearing or any hearing not related to the
collection, receipt, administration, or enforcement of the
amount of a tax or fee imposed, or the penalty or interest
associated with that amount, except for a hearing under
Section 151.157(f), 151.1575(c), 151.712(g), 154.1142, or
155.0592;
(2) a property value study hearing under Subchapter M,
Chapter 403, Government Code;
(3) a hearing in which the issue relates to:
(A) Chapters 72-75, Property Code;
(B) forfeiture of a right to do business;
(C) a certificate of authority;
(D) articles of incorporation;
(E) a penalty imposed under Section I 51.703(d) [IR7Q31];
(F) the refusal or failure to settle under Section 111.10 I; or
(G) a request for or revocation of an exemption from taxation;
and
(4) any other hearing not related to the collection, receipt,
administration, or enforcement of the amount of a tax or fee
imposed, or the penalty or interest associated with that
amount.
No equivalent provision. SECTION 6.02. Amends Section 151.433(f), Ta.x Code, as SECTION 16.02. Same as House version.
.•
23 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
follows:
(f) If a person fails to file a report required by this section or
fails to file a complete report, the comptroller may suspend or
cancel one or more permits issued to the person under Section
151.203 and may impose a civil or criminal penalty, or both,
under Section 151.703(d) [!S1.7QJI] or 151.709.
No equivalent provision. SECTION 6.03. Amends Section 151.703, Tax Code, by SECTION 16.03. Same as House version.
adding Subsection (d) as follows:
(d) In addition to any other penalty authorized by this section.
a person who fails to file a report as required by this chapter
shall pay a penalty of $50. The penalty provided by this
subsection is assessed without regard to whether the taxpayer
subsequently files the report or whether any taxes were due
from the taxpayer for the reporting period under the required
report.
No equivalent provision. SECTION 6.04. Amends Section 152.045, Tax Code, by SECTION 16.04. Same as House version.
adding Subsection (d) as follows:
(d) In addition to any other penalty provided by law. the
owner of a motor veh ide subject to the tax on gross rental
receipts who is required to file a report as provided by this
chapter and who fails to timely file the report shall pay a
penalty of $50. The penalty provided by this subsection is
assessed without regard to whether the taxpayer subsequently
files the report or whether any taxes were due from the
taxpaver for the reporting period under the required report.
No equivalent provision. SECTION 6.05. Amends Section 152.047, Tax Code, by SECTION 16.05. Same as House version.
adding Subsection (j) as follows:
(j) In addition to any other penalty provided by law. the seller
of a motor vehicle sold in a seller-financed sale who is
required to file a report as provided by this chapter and who
24 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
fails to timely file the report shall pay a penalty of $50. The
penalty provided by this subsection is assessed without regard
to whether the taxpayer subsequently files the report or
whether any taxes were due from the taxpayer for the
reporting period under the required report.
No equivalent provision. SECTION 6.06. Amends Section 156.202, Tax Code, by SECTION 16.06. Same as House version.
amending Subsection (c) and adding Subsection (d) as
follows:
(c) The minimum penalty under Subsections (a) and (b) [tftis
seelisA1is $ I.
(d) In addition to any other penalty authorized by this section,
a person who fails to file a report as required by this chapter
shall pay a penalty of $50. The penalty provided by this
subsection is assessed without regard to whether the taxpayer
subsequently files the report or whether any taxes were due
!Tom the tax paver for the reporting period under the required
report.
No equivalent provision. SECTION 6.07. Amends Section 162.401, Tax Code, by SECTION 16.07. Same as House version.
adding Subsection (c) as follows:
(c) In addition to any other penalty authorized by this section,
a person who fails to file a report as required by this chapter
shall pay a penalty of $50. The penalty provided bv this
subsection is assessed without regard to whether the taxpayer
subsequentIv files the report or whether any taxes were due
from the taxpaver for the reporting period under the required
report.
No equivalent provision. SECTION 6.08. Amends Section 171.362, Tax Code. by SECTION 16.08. Same as House version.
amending Subsection (c) and adding Subsection (t) as follows:
(c) The minimum penalty under Subsections (a) and (b) [tftis
seelisA1is $ I.
'.
25 11.148.3 IO
..
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION 6.09. Amends Subchapter B, Chapter 183, Tax SECTION 16.09. Same as House version.
Code, by adding Section 183.024, FAILURE TO PAY TAX
OR FILE REPORT, as follows:
Sec. 183.024. (a) A permittee who fails to file a report as
required by this chapter or who fails to pay a tax imposed by
this chapter when due shall pay five percent of the amount due
as a penalty. and if the permittee fails to file the report or pay
the tax within 30 days after the day the tax or report is due. the
permittee shall pay an additional five percent of the amount
due as an additional penalty.
(b) The minimum penalty under Subsection (a) is $1.
ec) A delinquent tax draws interest beginning 60 days from the
due date.
(d) In addition to any other penalty authorized by this section,
a permittee who fails to file a report as required by this
chapter shall pay a penalty of $50. The penalty provided by
this subsection is assessed without regard to whether the
permittee subsequently files the report or whether any taxes
were due from the permittee for the reporting period under the
required report.
No equivalent provision. SECTION 6.10. Amends Section 771.0712, Health and Safety SECTION 16.10. Same as House version.
Code, by adding Subsections (c) and (d) as follows:
(c) A seller who fails to file a report or remit a fee collected or
payable as provided by this section and comptroller rules shall
26 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION 6.11. Repeals Section 151.7031, Tax Code. SECTION J6. I I. Same as House version.
No equivalent provision. SECTION 6.12. Saving provision relating to a report due or a SECTION 16.12. Same as House version.
tax or fee due and payable on or after the effective date of this
article.
No equivalent provision. SECTION 6.13. This article takes effect immediately if this SECTION 16.13. Same as House version.
Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect September I,
201 I.
No equivalent provision. ARTICLE 9. FISCAL MATTERS RELATED TO VOTER ARTICLE 17. Same as House version.
REGISTRATION
No equivalent provision. SECTION 9.01. Amends Sections 18.065(b), (c), and (d), SECTION 17.0 I. Same as House version.
Election Code, to remove language requiring the secretary of
state to deliver written notice of a voter registrar's .
27 11.148.3 10
.
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION 9.02. Section 19.001(a), Election Code, is amended SECTION 17.02. Same as House version.
as follows:
(a) Before May 15 of each year, the registrar shall prepare and
submit to the secretary of state [eSRllltFslleF sf flYhlie
aeeSYRts] a statement containing:
(I) the total number of initial registrations for the previous
voting year;
(2) the total number of registrations canceled under Sections
16.03 I (a)(I), 16.033, and 16.0332 for the previous voting
year; and
(3) the total number of registrations for which information
was updated for the previous voting year.
28 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION 9.04. Sections 19.002(b) and (d), Election Code, SECTION 17.04. Same as House version.
are amended as follows:
(b) After June I of each year, the secretary of state
[eeffl~tFelleF sf ~l;lblj6 aeeSl::lRts] shall make payments [issHe
waITaRls] pursuant to vouchers submitted by the registrar and
approved by the secretary of state in amounts that in the
aggregate do not exceed the registrar's entitlement. The
secretary of state shall prescribe the procedures necessary to
implement this subsection.
(d) The secretary of state [esRljlIFslleF] may not make a
payment under Subsection fb) [issYe a 'Na_RI] if on June 1 of
the year in which the nayment [waFFaflI] is to be made [iss<led
tAe !fiBS. FeeeRt Retiee reeei"ea b~' the eefflf3treller fFem tHe
seeretaFy sf state HRBer SeetieA 18.Qe$ iRelieates tl:tat] the
registrar is not in substantial compliance with Section 15.083,
16.032, 18.042, or 18.065 or with rules implementing the
registration service program.
No equivalent provision. SECTION 9.05. The heading to Section 19.0025, Election SECTION 17.05. Same as House version.
Code, is amended as follows:
Sec. 19.0025. ELECTRONIC ADMINISTRATION OF
VOUCHERS AND PAYMENTS ['.vARRA~ITS].
No equivalent provision. SECTION 9.06. Section 19.0025(a), Election Code, is SECTION 17.06. Same as House version.
amended as follows:
(a) The secretary of state shall establish and maintain an
online electronic system for administering vouchers submitted
and payments made [_ITaRls issYea] under Section 19.002. ••
29 11.148.310
'.
'"
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
••
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION 9.07. Section 19.002(c), Election Code, is repealed. SECTION 17.07. Same as House version.
No equivalent provision. SECTION 9.08. This article takes effect September 1,201 I. SECTION 17.08. Same as House version.
No equivalent provision. ARTICLE 10. CERTAIN POWERS AND DUTIES OF THE ARTICLE 18. Same as House version.
COMPTROLLER OF PUBLIC ACCOUNTS
No equivalent provision. SECTION 10.01. Section 403.0551(d), Government Code, is SECTION 18.0 I. Same as House version.
amended as follows:
(d) This section does not authorize the comptroller to deduct
the amount of a state employee's indebtedness to a state
agency from any amount of compensation owed by the agency
to the employee, the employee's successor, or the assignee of
the employee or successor. In this subsection, "compensation"
has the meaning assigned by Section 403.055 and
["eeFAfleRsatieR,tI] "indebtedness," "state agency," "state
employee," and "successor" have the meanings assigned by
Section 666.00 I.
No equivalent provision. SECTION 10.D2. Section 404.022(h), Government Code, is SECTION 18.02. Same as House version.
amended as follows:
(h) The comptroller may execute a simplified version of a
depository agreement with an eligible institution desiring to
hold [$98,ggg Sf less in] state deposits that are fully insured
by the Federal Deposit Insurance Corporation or the National
Credit Union Share Insurance Fund.
No equivalent provision. SECTION 10.03. Section 41 J.l 09(a), Government Code, is SECTION 18.03. Same as House version.
amended as follows:
(a) The comptroller is entitled to obtain from the department
criminal history record information maintained by the
department that the comptroller believes is necessary for the
30 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision, SECTION 10.04. Section 403.0551(d), Government Code, as SECTION 18.04. Same as House version.
amended by this article, applies to a deduction made on or
after the effective date of this Act for an indebtedness to a
state agency regardless of:
(1) the date the indebtedness accrued; or
(2) the dates of the pay period for which the compensation
from which the indebtedness is deducted is earned.
No equivalent provision. ARTICLE 11. PREPARATION AND PUBLICATION OF ARTICLE 19. Same as House version.
CERTAIN REPORTS AND OTHER MATERIALS
No equivalent provision. SECTION 11.01. Section 61.539(c), Education Code, is SECTION 19.0 I. Same as House version.
amended as follows:
(c) As soon as practicable after each state fiscal year, the
board [eem~kelleF] shall prepare a report for that fiscal year
of the number of students registered in a medical branch,
school, or college, the total amount of tuition charges
collected by each institution, the total amount transferred to
the comptroller under this section, and the total amount •
31 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION 11.02. Section 5.05(c), Tax Code, is amended as SECTION 19.02. Same as House version.
follows:
(c) The comptroller shall electronically publish all materials
under this section [I9F8\'iEle witkeY! sli8rge eRe e8J3~' sf all
materials 18 egjeials arlesel geverRffl8Rt wlJe BFe resJ38Rsihle]
for administering the property tax system. [If a leeal
gaVeFRRlBAt et+ieial reEfl:lests ffl8FB tHQA eRe sap)', the
SSJTtJ3tFsller AlB)' eh8rge 8 reaseRaele fee t8 egss! thB eests sf
J=1FiAtiRg aRel aistrisl:lting tile fHaterials.] The comptroller shall
make the materials available to local governmental officials
and members of the public but may charge a reasonable fee to
offset the costs of preparing. printing, and distributing the
materials.
No equivalent provision. SECTION 11.03. Section 5.06, Tax Code, is amended as SECTION 19.03. Same as House version.
follows:
Sec. 5.06. EXPLANATION OF TAXPAYER REMEDIES.
[W] The comptroller shall prepare and electronically publish
a pamphlet explaining the remedies available to dissatisfied
taxpayers and the procedures to be followed in seeking
remedial action. The comptroller shall include in the pamphlet
advice on preparing and presenting a protest.
[fa) Tl:le eefRJ3tfelier sRalt previae witkel:ltel:ler-ge 8 reas8Rabie
HymeSr sf e8flies sf tRe 198ffipl=tlet 18 a~' J3eFS8A 8A r8E1l:lest.
The 8efHptFelier may BR8rge a flerSBR whe reEftissts Rutltiple
32 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION 11.04. Section 5.09, Tax Code, is amended as SECTION 19.04. Same as House version.
follows:
Sec. 5.09. BIENNIAL ["~~IUAb) REPORTS. (a) The
comptroller shall prepare a biennial [Il~elisll aA aAA~al] report
of [tAe 8peFatieRS sf the BfJJ3Faisal Elistriets. THe r8f'srt shall
iRshlEle fer eeak BfJJ3Faisal eistriet, aeeft eeliRl)', aRe eaek
seneel eistriat BRe FA~! iRehleJe far ether WtiRg HAits] the total
appraised values[, assessee! '.. al~es,) and taxable values of
taxable property by category [elass af IlrelleR)', tile
aSSeSSFAeAt ratia,) and the tax rates of each county,
municipality. and school district in effect for the two years
preceding the vear in which the report is prepared [Fllle].
(b) Not later than December 31 of each even-numbered vear,
the [+Ile) comptroller shall~
1I) electronically publish on the comptroller's Internet website
. the [e!eliver a aall)' af eaell aAA~al) report required by
[1l~elisllee! ~Ae!er] Subsection (a): and
(2) notify [af tllis seetiaA ta) the governor, the lieutenant
governor, and each member of the legislature that the report is
available on the website.
No equivalent provision. SECTION 11.05. The following are repealed: SECTION 19.05. Same as House version.
(I) Sections 403.030, and 552.143(e), Government Code; and
(2) Subchapter F, Chapter 379A, Local Government Code.
[FA I (9)]
[ARTICLE 12. SALES AND USE TAX HOLlDAY added by Same as Senate version.
the substitute and deleted by FA I (10); FA61,FA62; FA2,3rd) •
33 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
[SECTION 12.01. The heading to Section 151.326, Tax Code Same as Senate version.
added by the substitute and deleted by FA I (I 0) ; FA61,FA62;
FA2,3rd]
[SECTION J2.02. Section J51.326, Tax Code added by the Same as Senate version.
substitute and deleted by FAI(IO); FA61,FA62; FA2,3rd]
[SECTION 12.03. The heading to Section 151.327, Tax Code Same as Senate version.
added by the substitute and deleted by FA I(10) ; FA6 I,FA62;
FA2,3rd]
[SECTION 12.04. Section 151.327, Tax Code added by the Same as Senate version.
substitute and deleted by FAI(IO); FA61,FA62; FA2,3rd]
[SECTION 12.05. added by the substitute and deleted by Same as Senate version.
FAI(IO); FA61,FA62; FA2,3rd]
[SECTION 12.06. added by the substitute and deleted by Same as Senate version.
FAI(IO); FA61,FA62; FA2,3rd]
[SECTION 12.07. added by the substitute and deleted by Same as Senate version.
FAI(lO); FA6J,FA62; FA2,3rd]
No equivalent provision. ARTICLE 13. SURPLUS LINES AND INDEPENDENTLY ARTICLE 20. Same as House version.
PROCURED INSURANCE
No equivalent provision. SECTION 13.01. Section 101.053(b), Insurance Code, is SECTION 20.0 I. Same as House version.
amended as follows:
(b) Sections 101.051 and 101.052 do not apply to:
(I) the lawful transaction of surplus lines insurance under
Chapter 98 I;
(2) the lawful transaction of reinsurance by insurers;
34 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
35 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis .,
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION 13.02. Section 225.001, Insurance Code, is SECTION 20.02. Same as House version.
amended as follows:
Sec. 225.001. DEFINITIONS [D81'~IlTIO~11. In this chapter.
(I) "Affiliate" means, with respect to an insured, a person or
entity that controls, is controlled by. or is under common
control with the insured.
(2) "Affiliated group" means a group of entities whose
members are all affiliated.
(3) "Control" means. with respect to determining the home
state of an affiliated entity:
(A) to directly or indirectly. acting through one or more
persons. own. control. or hold the power to vote at least 25
percent of any class of voting security of the affiliated entity:
Q!
(8) to control in any manner the election of the majority of
directors or trustees of the affiliated entity.
(4) "Home state" means:
(A) for an insured that is not an affiliated group described by
Paragraph (B):
(i) the state in which the insured maintains the insured's
principal residence. if the insured is an individual:
(ii) the state in which an insured that is not an individual
maintains its principal place of business: or
(iii) if 100 percent of the insured risk is located outside of the
state in which the insured maintains the insured's principal
residence or maintains the insured's principal place of
business. as applicable, the state to which the largest
percentage of the insured's taxable premium for the insurance
36 11.148.310
Senate Bill 1811
Conference Committee Report
Section.by-Section Analysis
No equivalent provision. SECTION 13.03. Section 225.002, Insurance Code, is SECTION 20.03. Same as House version.
amended as follows:
Sec. 225.002. APPLICABILITY OF CHAPTER. This chapter
applies to a surplus lines agent who collects gross premiums
for surplus lines insurance for any risk in which this state is
the home state of the insured.
No equivalent provision. SECTION 13.04. Section 225.004, Insurance Code, is SECTION 20.04. Same as House version.
amended by adding Subsections (a-I) and (I) and amending
Subsections (b), (c), and (e) as follows:
(a-I) Consistent with IS U.S.C. Section 8201 et seq .. this state
may not impose a premium tax on nonadmitted insurance
premiums other than premiums paid for insurance in which
this state is the home state of the insured.
(b) Taxable gross premiums under this section are based on •
37 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION 13.05. Section 225.005, Insurance Code, is SECTION 20.05. Same as House version.
amended as follows:
Sec. 225.005. TAX EXCLUSIVE. The tax imposed by this
chapter is a transaction tax collected by the surplus lines agent
38 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION 13.06. Section 225.009, Insurance Code, is SECTION 20.06. Same as House version.
amended by adding Subsection (d) as follows:
(d) Notwithstanding Subsections (a). (b). and (c). if this state
enters a cooperative agreement. reciprocal agreement. or
compact with another state for the allocation of surplus lines
tax as authorized by Chapter 229. the tax shall be allocated
and reported in accordance with the terms of the agreement or
compact.
No equivalent provision. SECTION 13.07. Section 226.051, Insurance Code, is SECTION 20.07. Same as House version.
amended as follows:
Sec. 226.05 I. DEFINITIONS [DeP'IJ>IlTIQI>I]. In this
subchapter~
(1) "Affiliate" means. with respect to an insured. a person or
entity that controls. is controlled by. or is under common
control with the insured.
(2) "Affiliated group" means a group of entities whose
members are all affiliated.
(3) "Control" means. with respect to determining the home
state of an affiliated entity:
(A) to directly or indirectly. acting through one or more
persons. own. control. or hold the power to vote at least 25
percent of any class of voting security of the affiliated entity;
ill
(B) to control in any manner the election of the majority of
directors or trustees of the affiliated entity.
(4) "Home state" means:
(A) for an insured that is not an affiliated group described by
Paragraph (8):
(i) the state in which the insured maintains the insured's '.
39 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
principal residence. ifthe insured is an individual:
(m the state in which an insured that is not an individual
maintains its principal place of business: or
(iii) if 100 percent of the insured risk is located outside of the
state in which the insured maintains the insured's principal
residence or maintains the insured's principal place of
business. as applicable, the state to which the largest
percentage of the insured's taxable premium for the insurance
contract that covers the risk is allocated: or
(8) for an affiliated group with respect to which more than
one member is a named insured on a single insurance contract
subject to this chapter. the home state of the member. as
determined under Paragraph (A), that has the largest
percentage of premium attributed to it under the insurance
contract.
(5) "Independentlv procured insurance" means insurance
procured directly by an insured from a nonadmitted insurer.
(6) "Premium" means any payment made in consideration for
insurance and [, "JlreFAiLifR"] includes faR)' eSRsieeFatieR fer
iRsUoF8Hee, iRebuliRg]:
ill [81] a premium;
(B) premium deposits:
iQ [~] a membership fee; reF]
(0) a registration fee:
(E) an assessment:
ill [~] dues: and
(G) anv other compensation given in consideration for
insurance. [FA 1(16)-(20)]
No equivalent provision. SECTION 13.08. Section 226.052, Insurance Code, is SECTION 20.08. Same as House version.
amended as follows:
Sec. 226.052. APPLICABILITY OF SUBCHAPTER. This
subchapter applies to an insured who procures an
40 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION 13.09. Section 226.053, Insurance Code, is SECTION 20.09. Same as House version.
amended by amending Subsections (a) and (b) and adding
Subsection (d) as follows:
(a) A tax is imposed on each insured at the rate of 4.85 percent
of the premium paid for the insurance contract procured in
accordance with Section 226.052 [IQ I.g§3(~)(4)].
(b) If an independently procured insurance policy [eenlreel]
covers risks or exposures only partially located in this state
and this state has not joined a cooperative agreement.
reciprocal agreement. or compact with another state for the
allocation of nonadmitted insurance taxes as authorized by
Chapter 229, the tax is computed on the entire policy [flerlien
ef.lke] premium for any policy in which this state is the home
state of the insured [tAat is fJrBfJerly 811eeatee 18 a fisk SF
eJtf)8SYFe leeateel iR tRis state].
Cd) If this state enters into a cooperative agreement. reciprocal
agreement or compact with another state for the allocation of
nonadmitted insurance taxes as authorized by Chapter 229. the
tax due on mullistate policies shall be allocated and reported
in accordance with the agreement or compact.
No equivalent provision. SECTION 13.10. Section 981.008, Insurance Code, is SECTION 20.10. Same as House version.
amended as follows:
Sec. 981.008. SURPLUS LINES INSURANCE PREMIUM
TAX. The premiums charged for surplus lines insurance are
subject to the premium tax. if applicable. imposed under
Chapter 225.
41 11.148.310
.'
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION 13.12. The changes in law made by this article to SECTION 20.12. Same as House version.
Chapters 225 and 226, Insurance Code, apply only to an
insurance policy that is delivered, issued for delivery, or
renewed on or after July 21, 20 II. A policy that is delivered,
issued for delivery, or renewed before July 21, 2011, is
governed by the law as it existed immed iately before the
effective date of this Act, and that law is continued in effect
for that purpose. [FA 1(22),(23)]
No equivalent provision. SECTION 13.13. This article takes effect immediately if this SECTION 20.13. Same as House version.
Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article lII, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect September 1,
2011.
No equivalent provision. ARTICLE 14. OBESITY INTERVENTION AND Same as Senate version.
PREVENTION PROGRAM
No equivalent provision. ARTICLE _. FISCAL MATTERS CONCERNING EARLY ARTICLE 21. Same as House version.
HIGH SCHOOL GRADUATION [FA3]
No equivalent provision. SECTION _.01. Amends Subchapter K, Chapter 56, SECTION 21.01. Same as House version.
Education Code, by adding Section 56.2012, EXPIRATION
OF SUBCHAPTER; ELIGIBILITY CLOSED, as follows:
(a) Sets provisions relating to the Early High School
Graduation Scholarship program to expire September 1,2017.
(b) Notwithstanding Section 56.203, prohibits a person from
receiving an award under this subchapter if the person
42 I I.l48.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.02. Amends Subsection (b), Section 54.213, SECTION 21.02. Same as House version.
Education Code, as follows:
(b) Requires the commissioner of education to transfer funds
from gifts, grants, and donations made to the Texas Education
Agency for the purpose of tuition exemptions for educational
aides to the Texas Higher Education Coordinating Board to
distribute to institutions of higher education that provide such
exemptions. Removes the requirement that savings to the
foundation school fund that occur as a result of the Early High
School Graduation Scholarship program that are not required
for the funding of certain state credits or school district credits
be used first to provide tuition exemptions for specified
Temporary Assistance for Needy Families students, with the
remainder used for tuition exemptions for educational aides.
[FA3]
No equivalent provision. SECTION _.03. Repeals Section 56.210, Education Code. SECTION 21.03. Same as House version.
[FA3]
No equivalent provision. ARTICLE _ FISCAL MATTERS CONCERNING ARTICLE 22. Same as House version.
RETIRED TEACHERS [FA3]
No equivalent provision. SECTION _.01. Notwithstanding Subsection (a), Section SECTION 22.0 I. Same as House version excepts refers to the
825.404, Government Code, for the state fIScal biennium state fIScal year ending August 31,2012.
ending August 31, 2013, only, the amount of the slate
contribution to the Teacher Retirement System of Texas under
that section may be less than the amount contributed by
members during that biennium. [FA3]
43 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION .02. Notwithstanding Subsection (a), Section SECTION 22.02. Same as House version except refers to the
1575.202, Insurance Code, for the state fIScal biennium statejiscalyearendingAugust 31,2013.
ending August 31, 2013. only, the state may contribute an
amount to the retired school employees group insurance fund
that is less than one percent of the salary of each active
employee. [FA3]
No equivalent provision. ARTICLE _. TEXAS EMERGING TECHNOLOGY FUND ARTICLE 57. ENTERPRiSE~(.'ANl) EMERGING
[FA4] TECHNOLOGY FUNDS.
No equivalent provision. No equivalent provision. SECTION 57.01. Section 481.078. Government Code, is
amended by amending Subsections (e) and Gl and adding
Subsections (f-I), (f-2), and (h-I) as follows:
(e) The administration of the fund is considered to be a
trusteed program within the office of the governor. The
governor may negotiate on behalf of the state regarding
awarding, by grant, money appropriated from the fund. The
governor may award money appropriated from the fund only
with the [el'IlFess "'filteR] prior approval of the lieutenant
governor and speaker of the house of representatives. For
pumoses of this subsection. an award of money appropriated
from the fund is considered disapproved by the lieutenant
governor or speaker of the house of representatives if that
officer does not approve the proposal to award the grant
before the 91 st day after the date of receipt of the proposal
from the governor. The lieutenant governor or the soeaker of
the house of representatives may extend the review deadline
applicable to that officer for an additional 14 days by
submitting a written notice to that effect to the governor
44 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION .01. Section 490.005(b), Government Code, is SECTION 57.02. Sections 490.005(a) and (b), Government
amended as follows: Code, are amended as follows:
(a) Noilater,than January 31 [.l-]of'each· year, the governor
shall. siIbmii to thelieuten;;t governot.· the sPeaker of the
house of representatives. and the standing' committee' of each
house of the.:legislatllre.with· primary' jurisdiction over
economic development matters 'and post on the office of the
governor's' Internet :.website a:'reportr'thatiriCiudes:' the
following informaiion reiarding awards made under the fu~4
during each .[fei'Jllef preceding '" [1RTee]state ;fiscal. year
~]:
(I) the total number and arnouni'ofawards made;
(2);ttie ·number,.and ,amount:. of" a'Yardsrnade '. under
Subchapters D,E, and'F;
45 1I.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. No equivalent provision. SECTION 57.03. Subchapter A, Chapter 490, Government
Code, is amended by adding Section 490.006 as follows:
Sec. 490.006. VALUATION OF INVESTMENTS:
INCLUSION IN ANNUAL REPORT. To the maximum
extent practicable. the office of the governor shall annually
46 11.148.310
Senate BiI11811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.02. The heading to Section 490.052, SECTION 57.04. Same as House version.
Government Code, is amended as follows:
Sec. 490.052. APPOINTMENT TO COMMITTEE [B¥
GOVIOPJoIOR]; NOMINATIONS. [F A4]
No equivalent provision. SECTION .03. Section 490.052, Government Code, is SECTION 57.05. Same as House version.
amended by amending Subsection (a) and adding Subsections
(a-I) and (a-2) as follows:
(a) The governor shall appoint to the committee II individuals
nominated as provided by Subsection (b).
la-1) The lieutenant governor shall appoint two senators to the
committee.
la-2) The speaker of the house of representatives shall appoint
two members ofthe house of representatives to the committee.
[FA4]
No equivalent provision. SECTION _.04. Subchapter B, Chapter 490, Government SECTION 57.06. Subchapter B, Chapter 490, Government
Code, is amended by adding Section 490.0521 as follows: Code, is amended by adding Section 490.0521 as follows:
Sec. 490.0521. FINANCIAL STATEMENT REOUIRED. Sec. 490.0521. FINANCIAL STATEMENT REOUIRED. la)
Each member of the committee shall file with the office of the Each member of the committee shall file with the office of the
•
47 11.148.310
.'
Senate BiI11811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.05. Section 490.054, Government Code, is SECTION 57.07. Same as House version.
amended as follows:
Sec. 490.054. TERMS. fl!} Members of the committee
appointed by the governor serve staggered two-year terms,
subject to the pleasure of the governor.
(b) Members of the committee appointed by the lieutenant
governor or the speaker of the house of representatives serve
two-year terms. [FA4]
No equivalent provision. SECTION _.06. Subchapter B, Chapter 490, Government Same as Senate version.
Code, is amended by adding Section 490.0551 as follows:
Sec. 490.0551. MEETINGS. (a) The committee shall hold
meetings periodically to conduct the business of the
committee.
(b) The committee and any subcommittee of the committee
shall give notice of each meeting to be held by the committee
or subcommittee. as applicable. to the secretary of state. The
secretary of state shall post the notice on the secretary of
state's Internet website at least 72 hours before the scheduled
time of the meeting. The notice must contain:
48 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.07. Section 490.056, Government Code, is SECTION 57.08. Section 490.056, Government Code, is
amended by adding Subsections (c), (d), and (e) as follows: amended by adding Subsections (c), (d), and (e) as follows:
(c) Each entity recommended by the committee for an award (c) Each entity recommended by the committee for an award
of money from the fund as provided by this chapter shall of money from the fund as provided by this chapter shall
obtain and provide the following information to the office of obtain and provide the following information to the office of
the governor: the governor:
(I) a federal criminal historY background check for each 1I) a federal criminal history background check for each
principal ofthe entity: principal of the entity;
(2) a state criminal history background check for each (2) a state criminal history background check for each
principal of the entity: principal of the entity:
(3) a credit check for each principal of the entity: (3) a credit check for each principal of the entity:
(4) a copy ofa government-issued form of photo identification (4) a copy of a govemment-issued form of photo identification
for each principal of the entity: and for each principal ofthe entity: and
(5) information regarding whether the entity or a principal of (5) information regarding whether the entity or a principal of
the entity has ever been subject to a sanction imposed by the the entity has ever been subject to a sanction imposed by the
Securities and Exchange Commission for a violation of Securities and Exchange Commission for a violation of
applicable federal law. applicable federal law.
(d) For pumoses of Subsection (c): (d) For pumoses of Subsection (c),
(l) "'Controlling interest" has the nieanini£assiimed biSection
171 .000 I. Tax Code.
(2) "Principal" means: "principal" means:
49 11.148.310
•
•
Senate BiJl1811
Conference Committee Report
Section.by·Section Analysis
•
No equivalent provision. No equivalent provision. SECTION 57.09. Section 490.057, Government Code. is
amended as follows:
Sec. 490.057. CONFIDENTIALITY. (a) Except as provided
by Subsection (b). information [IRfefRlBtieR] collected by the
governor's office, the committee, or the committee's advisory
panels concerning the identity, background, finance,
marketing plans, trade secrets, or other commercially or
academically sensitive information of an individual or entity
being considered for, receiving. or having received an award
from the fund is confidential unless the individual or entity
consents to disclosure of the information.
(b) The following information collected by the governor's
office, the committee, or the committee's advisory panels
under this chapter is public information and may be disclosed
under Chapter 552:
(I) the name and address of an individual or entity receiving
or having received an award from the fund:
(2) the amount offunding received by an award recipient:
(3) a brief description of the project that is funded under this
chapter:
(4) if applicable, a brief description of the equity position that
the governor, on behalf of the state, has taken in an entity that
has received an award from the fund: and
50 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.08. Section 490.101, Government Code, is Same as Senate version.
amended by adding Subsection (f-I) as follows:
(f-11 A,Caward to a DllrticularreCipierit from the fundma~ not
exceed $3,000,000. [FA4]
No equivalent provision. No equivalent provision. SECTION 57.10, Section 490.101, Government Code, is
amended by amending Subsection (f) and adding Subsection
(f-1) as follows:
(f) The administration "of the "fund,. is}consid~red:toiie,a
trusteed 'program within thi:office,of tlie;governor.Jhe
goVernor may negotiate, pn 'behalf of the State reginding
awards from; the, fund. ,ThegoyemOr may ~~ardmoney
appropriatedfromthe fundorilywith the [e;'flressv.,...lieR]
prior approval of the lieutenant governor l!nd ,speaker:of the
houSe of representatives:
(f-l) For purposes' of SubseCtion' (6; lnl"award 'of money
appropriated frOm the fund is considered disapproved by the
I ieutenant governor or speaker of the house of representatives
if that officer does not approve the proposal to award funding
before the 91stday after the date of receipt of the proposal
from the governor. The'lieutenant !\Overnor or the speaker of
tliehouse of representatives may' extend 'the review deadline
in?plicable to thai- officer. 'for an' additioiial"14 days' by
submitting a 'written notice to that effect to the' governor
before the expiration ofthe initial review period. '.
51 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION _.09. Subchapter D, Chapter 490, Government SECTION 57.12. Subchapter D, Chapter 490, Government
Code, is amended by adding Section 490.1 52 I as follows: Code, is amended by adding Section 490.1521 as follows:
Sec. 490.1521. MINUTES OF CERTAIN MEETINGS. (a) Sec. 490.1521. MINUTES OF CERTAIN MEETINGS. (a)
Each regional center of innovation and commercial ization Each regional center of innovation and commercialization
established under Section 490.152. including the Texas Life established under Section 490.152. including the Texas Life
Science Center for Innovation and Commercialization, shall Science Center for Innovation and Commercialization, shall
keep minutes of each meeting at which applications for keep minutes of each meeting at which applications for
funding under this subchapter are evaluated. The minutes funding under this subchapter are evaluated. The minutes
~ must:
(I) include the name of each applicant recommended by the (I) include the name of each applicant recommended by the
regional center of innovation and commercialization to the regional center of innovation and commercialization to the
committee for funding: and committee for funding: and
(2) indicate the vote of each member of the governing body of (2) indicate the vote of each member of the governing body of
the regional center of innovation and commercialization. the regional center of innovation and commercialization,
including any recusal by a member and the member's reason including any recHsal by a member and the member's reason
for recusal. with regard to each application reviewed. for recusal, with regard to each application reviewed.
(b) Not" later than the 30th day after the date a' meeting'io (b) Each regional center of innovation and coinmerci~lizatiori
which this section :applieS' is held. ;,theappropriate regional shallretiiin a 'copy of the minutes of each meeting to which
center' of innovation and commercialization shall post it copy this section amilies forat least three yearS.
of the minutes of the meetingon'thecenter's Internet website.
The copy oftheininutes must remain posted On the website
for at leastfolrryears. [FA4]
No equivalent provision. No equivalent provision. SECTION 57.13. Section 203.021, Labor Code, is amended
by adding Subsection (e) as follows:
(e) Money in the compensation fund may not be transferred to
the:
(n Texas Enterprise Fund created under Section 481.078.
Government Code; or
(2) Texas emerging technology fund established under Section
490.101, Government Code.
No equivalent provision. No equivalent provision. SECTION 57.14. Section 204.123, Labor Code, is amended as
52 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
follows:
Sec. 204.123. TRANSFER TO [TBXAS ~ITBRPR~SB
H~lg,] . SKILLS DEVELOPMENT FUND, TRAINING
STABILIZATION FUND, AND COMPENSATION FUND.
(a) If, on September I of a year, the commission determines
that the amount in the compensation fund will exceed 100
percent of its floor as computed under Section 204.061 on the
next October I computation date, the commission shall
transfer from the holding fund created under Section 204.122:
(I) [frem tHe ~fSt $leQ RiillieR aefJ8sitet:l in tAe RsleliAg AiRel
in aA)! slate {.issal eieARiHff&:
[(A) Eh:lFiAg tke state fiseallJieRRil:lffl eREliRg l\Hg\:ist d1, 2QQ7:
Hi) 67 J3ereeRt 1a tAe Telras ERteFfJFise ¥HR8 8reatea UReter
£eetieR 481.978, GeveFAfReAt Geele, e)£ee~t tJ:\at tHe BRlSlIRt
traAsfeFFeti \:lASer tRis fl8FagF8ph ffi~t Ret sussed tJ:le 81H8HRt
aJ3f3fefJri8teell:J~' tHe legislstHf8 18 tAe Te~c8s eRteFj3Fise J:YRel iR
tABt eieRRitlffl; BRe
[(ii) 33 fiBreS"! 18 tAe shills ee\'elef)ffieRt fHRe 6Teeled HAser
SeetisR 3Q3.QQ3, eli.sept lRat ike Offi8H"t tfaRsfeFFee HRBer llti5
f38fagf8f31~ ffl8)' Ret SUBsea tl:te affi8l:lAt apJ3reJ3Fiateei hy tHe
JegislatHfe ta tl:te skills ele\lelepRteAt J3fSgrBffi strategies BRa
aetivities iR tltat llieRAiHFH; aAEI
~] during any state fiscal biennium beginning on or after
September 1,2007. 100 [:
[(i) 75 J3ereeRt ta tl:le Tellas eRteFJ3rise YtiRS ereateel HAEler
SeetisR ~81.Q78, Ge",emRteRt Ceele, eneeJ=1t that tRe alHaHRt
tF8ASFeFfeei NAeler tl:lis j9aragFafJh may Ret euseee tRe aFHeuRt
afJJ3f8J=1riatee h)' tAe legislatHre ts tRS Teu8s eRte"rise fHREI iIi
tRBt eieARiHm; BAS
Wi) 23] percent to the skills development fund created under
Section 303.003, except that the amount transferred under this
subdivision [~BF8grB~Il] may not exceed the amount
appropriated by the legislature to the skills development ..
53 11.148.310
•
Senate BiI11811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. No equivalent provision. SECTION 57.15. Sections 302.IOI(b) and (c), Labor Code,
are amended as follows:
(b) Money in the training stabilization fund may be used in a
year in which the amounts in the employment and training
investment holding fund are insufficient to meet the legislative
appropriation for that fiscal year for [eilReF IRe 1=el<&s
ellleFflFise FIIRB eF] the skills development program strategies
and activities.
(c) Money in the training stabilization fund shall be
transferred to the [1=ell&S eRleFflFise VIIRB &RB IRe] skills
development fund under Subsection (b) not later than
September 30. [THe tFansfeF HRser SYBseetien (e~ sAal1 eensist
sf transferring fi7 parSeR! sf tAe ffteRe)' iR the tFaiRing
stallili28tien faRe 1a tHe Tau-as enteFfJfise ¥HRti and 33 f3ereeat
sf tRe lTIeRe~' in tRe {faiRing steeiliMtien HtRe 1a tAe skills
Be.'elepFfleRI fIlRB.] The amount transferred from the training
54 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 57.16. Sections 4SI.07S(e) and 490.IOI(t),
Government Code, as amended by this Act, and Section
490.101(f-I), Government Code, as added by this Act, apply
only to a proposal for an award from the Texas Enterprise
Fund or Texas emerging technology fund submitted by the
governor to the lieutenant governor or speaker of the house of
representatives for prior approval on or after the effective date
of this Act. A proposal submitted by the governor for prior
approval before the effective date of this Act is governed by
the law in effect on the date the proposal was submitted for
that approval, and the former law is continued in effect for
that purpose.
No equivalent provision. No equivalent provision. SECTION 57.17. Section 4SI.0780), Government Code, as
amended by this article, and Sections 481.07S(f-l) and (f-2),
Government Code, as added by this article, apply only to a
grant agreement that is entered into on or after the effective
date of this article. A grant agreement that is entered into
before the effective date of this article is governed by the law
in effect on the date the agreement was entered into, and the
former law is continued in effect for that purpose.
No equivalent provision. SECTION _.10. SECTION 57.IS. Same as House version except in (a) as
follows:
(a) The terms of the members of the Texas Emerging (a) The terms of the members of the T.exas Emerging
Technology Advisory Committee serving on the effective date Technology Advisory Committee serving immediately before
of this article expire September I, 20 I I. the effective date of this article expire September 1,201 I.
(b) As soon as practicable after this article takes effect, the
55 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION _.I I. Section 490.101(f-I), Government Code, as Same as Senate version.
added by this article, applies only to an award from the Texas
emerging technology fund that is made on or after the
effective date of this article. An award from the Texas
emerging technology fund made before the effective date of
this article is governed by the law in effect on the date the
award was made, and the former law is continued in effect for
that purpose. [FA4]
No equivalent provision. ARTICLE _. COASTAL EROSION [FA5] ARTICLE 23. Same as House version.
No equivalent provision. SECTION _.01. Section 33.608, Natural Resources Code, SECTION 23.01. Same as House version.
REPORT TO LEGISLATURE, is amended as follows:
(b) Requires the biennial report submitted to the legislature by
the commissioner of the General Land Office to include a plan
for coastal erosion response studies and projects that may be
56 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. ARTICLE . TEXAS FARM AND RANCH LANDS ARTICLE 60. Same as House version.
CONSERVATION PROGRAM [FAS]
SECTION _.01. Subsection (b), Section 183.059, Natural SECTION 60.01. Same as House version.
Resources Code, is amended as follows:
(b) To receive a grant from the fund under this subchapter, an
applicant who is qualified to be an easement holder under this
subchapter must submit an application to the council. The
application must:
(1) set out the parties' clear conservation goals consistent with
the program;
(2) include a site-specific estimate-of-value appraisal by a
licensed appraiser qualified to determine the market value of
the easement; and
(3) [ae.eeRstmte that the BIlillieBRt is Bele te .eateh ~g llereeRt
sf tJ:te 8FR8YRt sf tHe gF8Rt heing 58 light, eeAsieleriRg tRst tAe
eeHReil ffi~! eReese fa allew e eleRatieR sf fl8Ft sf tfie
8f'~f8iseel vallie sf tHe eB:SeFReRt 19 se eeRsiEieFes as in kiHEi
mateJ:tiAg RiRas; SAd
[f41] include a memorandum of understanding signed by the
landowner and the applicant indicating intent to sell an
agricultural conservation easement and containing the terms
of the contract for the sale of the easement. [FAS]
No equivalent provision. ARTICLE_. FISCAL MATTERS CONCERNING PARKS ARTICLE 24. Same as House version.
AND WILDLIFE CONTRIBUTIONS [FA5]
No equivalent provision. SECTION _.01. Subchapter D, Chapter 502, Transportation SECTION 24.01. Same as House version.
Code, is amended by adding Sections 502. I747,
VOLUNTARY CONTRIBUTION TO PARKS AND
..
57 11.148.310
•
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
58 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.02. Sections 502.1747 and 502.1748, SECTION 24.02. Same as House version.
Transportation Code, as added by this article, apply only to a
motor vehicle registration renewal notice issued for a
registration that expires on or after January I, 2012. [FA5]
No equivalent provision. ARTICLE _. FISCAL MATIERS CONCERNING OIL ARTICLE 25. Same as House version.
AND GAS REGULATION [FA5]
No equivalent provision. SECTION .0 I. Subsection (c), Section 81.0521, Natural SECTION 25.01. Same as House version.
Resources Code, is amended as follows:
(c) Two-thirds of the proceeds from this fee, excluding
[iAelllEliAg] any penalties collected in connection with the fee,
shall be deposited to the oil and gas regulation and [ail field]
cleanup fund as provided by Section 81.067 [~]. [FA5]
No equivalent provision. SECTION _.02. Subchapter C, Chapter 81, Natural SECTION 25.02. Same as House version.
Resources Code, is amended by adding Sections 81.067
through 81.070 as follows:
No equivalent provision. Sec. 81.067. OIL AND GAS REGULATION AND Same as House version. ..
59 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
CLEANUP FUND. (a) Creates the oil and gas regulation and
cleanup fund as an account in the general revenue fund of the
state treasury.
(b) Requires the Railroad Commission of Texas to certifY to
the comptroller the date on which the balance in the fund
equals or exceeds $20 million. Prohibits the oil-field cleanup
regulatory fees on oil and gas from being collected or required
to be paid on or after the first day of the second month
following the certification, but requires the comptroller to
resume collecting the fees on receipt of a commission
certification that the fund has fallen below $10 million.
Requires the comptroller to continue collecting the fees until
collections are again suspended in the manner provided by
this subsection.
(c) Sets out the components of the fund.
No equivalent provision. Sec. 81.068. PURPOSE OF OIL AND GAS REGULATION Same as House version.
AND CLEANUP FUND. Money in the oil and gas regulation
and cleanup fund may be used by the commission or its
employees or agents for any pumose related to the regulation
of oil and gas development, including oil and gas monitoring
and inspections, oil and gas remediation, oil and gas well
plugging. public information and services related to those
activities. and administrative costs and state benefits for
personnel involved in those activities.
No equivalent provision. Sec. 81.069. REPORTING ON PROGRESS IN MEETING Same as House version.
PERFORMANCE GOALS FOR THE OIL AND GAS
REGULATION AND CLEANUP FUND. (a) Requires the
commission, through the legislative appropriations request
process, to establish specific performance goals for the oil and
gas regulation and cleanup fund for the next biennium,
including goals for each quarter of each state fiscal year of the
60 l1.I48.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. Sec. 81.070. ESTABLISHMENT OF SURCHARGES ON Same as House version except in (I) prohibits a surcharge
FEES. (a) Requires the commission, except as provided by collected under tllis section from exceeding an amount equal
Subsection (b), by rule to provide for the imposition of to 185 percent ofthefee on which it is imposed.
reasonable surcharges as necessary on fees imposed by the
commission that are required to be deposited to the credit of
the oil and gas regulation and cleanup fund as provided by
Section 81.067 in amounts sufficient to enable the
commission to recover the costs of performing the functions
specified by Section 81.068 from those fees and surcharges.
(b) Prohibits the commission from imposing a surcharge on an
oil-field cleanup regulatory fee on oil collected under Section
81.116 or an oil-field cleanup regulatory fee on gas collected
under Section 81.117.
(c) Requires the commission by rule to establish a
methodology for determining the amount of a surcharge that
takes certain factors into account.
(d) Requires the commission to collect a surcharge on a fee at
the time the fee is collected. '.
61 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION _.03. Section 81.115, Natural Resources Code, is SECTION 25.03. Same as House version.
amended as follows:
Sec. 81.115. APPROPRIATIONS [PAYMm-lTS] TO
COMMISSION FOR OIL AND GAS REGULATION AND
CLEANUP PURPOSES [DI'lISIO~I]. Money appropriated to
the [eil aREI gas Eli,'isieR eft".] commission under the General
Appropriations Act for the purposes described by Section
81.068 shall be paid from the oil and gas regulation and
cleanup fund [C.R.Fal R..... R~. F~REI]. [FA5]
No equivalent provision. SECTION _.04. Subsections (d) and (e), Section 81.116, SECTION 25.04. Same as House version.
Natural Resources Code, are amended as follows:
(d) The comptroller shall suspend collection of the fee in the
manner provided by Section 81.067 [~]. The exemptions
and reductions set out in Sections 202.052, 202.054, 202.056,
202.057, 202.059, and 202.060, Tax Code, do not affect the
fee imposed by this section.
(e) Proceeds from the fee, excluding [jRel~EliRg] any penalties
collected in connection with the fee, shall be deposited to the
oil and gas regulation and [eil fielEl] cleanup fund as provided
by Section 81.067 [91.111 eftkis eeEle]. [FA5]
No equivalent provision. SECTION _.05. Subsections (d) and (e), Section 81.1 17, SECTION 25.05. Same as House version.
Natural Resources Code, are amended as follows:
62 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.06. Subsection (d), Section 85.2021, Natural SECTION 25.06. Same as House version.
Resources Code, is amended as follows:
(d) All fees collected under this section shall be deposited in
the oil and gas regulation and [stale eil field] cleanup fund.
[FA5]
No equivalent provision. SECTION _.07. Subsection (d), Section 89.024, Natural SECTION 25.07. Same as House version.
Resources Code, is amended as follows:
(d) An operator who files an abeyance of plugging report must
pay an annual fee of$IOO for each well covered by the report.
A fee collected under this section shall be deposited in the oil
and gas regulation and [eil field] cleanup fund. [FA5]
No equivalent provision. SECTION _.08. Subsection (d), Section 89.026, Natural SECTION 25.08. Same as House version.
Resources Code, is amended as follows:
(d) An operator who files documentation described by
Subsection (a) must pay an annual fee of $50 for each well
covered by the documentation. A fee collected under this
section shall be deposited in the oil and gas regulation and
[eil field] cleanup fund. [FA5]
No equivalent provision. SECTION _.09. Subsection (d), Section 89.048, Natural SECTION 25.09. Same as House version.
Resources Code, is amended as follows: '.
63 11.148.310
•
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION .I O. Subsection 0), Section 89.083, Natural SECTION 25.10. Same as House version.
Resources Code, is amended as follows:
0) Money collected in a suit under this section shall be
deposited in the oil and gas regulation and [stale ail Held)
cleanup fund. [FA5)
No equivalent provision. SECTION .I J. Subsection (d), Section 89.085, Natural SECTION 25. I I. Same as House version.
Resources Code, is amended as follows:
(d) The commission shall deposit money received from the
sale of well-site equipment or hydrocarbons under this section
to the credit of the oil and gas regulation and [ail Held)
cleanup fund. The commission shall separately account for
money and credit received for each well. [FA5)
No equivalent provision. SECTION _.12. The heading to Section 89.086, Natural SECTION 25.12. Same as House version.
Resources Code, is amended as follows:
Sec. 89.086. CLAIMS AGAINST OIL AND GAS
REGULATION AND [Ulg 016 F1g6D) CLEANUP FUND.
[FA5)
No equivalent provision. SECTION _.13. Subsections (a) and (h) through (k), Section SECTION 25.13. Same as House version.
89.086, Natural Resources Code, are amended as follows:
64 11.I48.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
65 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
66 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.14. Subsection (b), Section 89.121, Natural SECTION 25.14. Same as House version.
Resources Code, is amended as follows:
(b) Civil penalties collected for violations of this chapter or of
rules relating to plugging that are adopted under this code
shall be deposited in the general revenue [stille eil fieltl
eleaRlIll] fund. [FA5]
No equivalent provision. SECTION .15. Subsection (c), Section 91.1013, Natural SECTION 25.15. Same as House version.
Resources Code, is amended as follows:
(c) Fees collected under this section shall be deposited in the
oil and gas regulation and [slale eil fieltl] cleanup fund. [FA5]
No equivalent provision. SECTION _.16. Section 91.108, Natural Resources Code, is SECTION 25.16. Same as House version.
amended as follows:
Sec. 91.108. DEPOSIT AND USE OF FUNDS. Subject to the
refund provisions of Section 91.1 091, if applicable, proceeds
from bonds and other financial security required pursuant to
this chapter and benefits under well-specific plugging
insurance policies described by Section 91. I 04(c) that are paid
to the state as contingent beneficiary of the policies shall be
deposited in the oil and gas regulation and [eil fieltl] cleanup
fund and, notwithstanding Sections 81.068 [~] and
91.113, may be used only for actual well plugging and surface
remediation. [FAS]
No equivalent provision. SECTION .17. Subsection (a), Section 91.109, Natural SECTION 25.17. Same as House version.
Resources Code, is amended as follows:
(a) A person applying for or acting under a commission permit '.
67 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION _.18. Subsections (a) and (f), Section 91.113, SECTION 25.18. Same as House version.
Natural Resources Code, are amended as follows:
(a) If oil and gas wastes or other substances or materials
regulated by the commission under Section 91.101 are causing
or are likely to cause the pollution of surface or subsurface
water, the commission, through its employees or agents, may
use money in the oil and gas regulation and [eil Helll] cleanup
fund to conduct a site investigation or environmental
assessment or control or clean up the oil and gas wastes or
other substances or materials if ...
(f) If the commission conducts a site investigation or
environmental assessment or controls or cleans up oil and gas
wastes or other substances or materials under this section, the
commission may recover all costs incurred by the commission
68 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION .19. Subsection (c), Section 91.264, Natural SECTION 25. I9. Same as House version.
Resources Code, is amended as follows:
(c) A penalty collected under this section shall be deposited to
the credit of the general revenue [eil Held elesRlIll] fund
[seeallRt). [FA5]
No equivalent provision. SECTION _.20. Subsection (b), Section 91.457, Natural SECTION 25.20. Same as House version.
Resources Code, is amended as follows:
(b) If a person ordered to close a saltwater disposal pit under
Subsection (a) [aftkis seetiaR) fails or refuses to close the pit
in compl iance with the commission's order and rules, the
commission may close the pit using money from the oil and
gas regulation and [ail Held) cleanup fund and may direct the
attorney general to file suits in any courts of competent
jurisdiction in Travis County to recover applicable penalties
and the costs incurred by the commission in closing the
saltwater disposal pit. [FAS]
No equivalent provision. SECTION _.22. Subsection (e), Section 91.605, Natural SECTION 25.22. Same as House version.
Resources Code, is amended as follows:
(e) The fees collected under this section shall be deposited in
the oil and gas regulation and [ail fieJEl] cleanup fund. [FA5]
No equivalent provision. SECTION _.23. Subsection (e), Section 91.654, Natural SECTION 25.23. Same as House version.
Resources Code, is amended as follows:
(e) Fees collected under this section shall be deposited to the
credit of the oil and gas regulation and [ail fielEl] cleanup fund
under Section 81.067 [9h-J..I..I.]. [FA5]
No equivalent provision. SECTION _.24. Subsection (b), Section 91.707, Natural SECTION. 25.24. Same 8S House version.
Resources Code, is amended as follows:
(b) Fees collected under this section shall be deposited to the
oil and gas regulation and [ail fielEl] cleanup fund. [FA5]
No equivalent provision. SECTION _.25. The heading to Section 121.211, Utilities SECTION 25.25. Same as House version.
Code, is amended as follows:
Sec. 121.211. PIPELINE SAFETY AND REGULATORY
FEES. [FA5]
No equivalent provision. SECTION _.26. Subsections (a) through (e) and (h), Section SECTION 25.26. Same as House version except in (c) omits
121.21 I, Utilities Code, are amended as follows: provision prohibiting more than five cents of the annual one
(a) The railroad commission by rule may adopt .!! [11ft dollar service line fee being used to fund the agency's
iAs~eetiaA] fee to be assessed annually against operators of regulato!)' program..
natural gas distribution pipelines and their pipeline facilities
and natural gas master metered pipelines and their pipeline
facilities subject to this title [sR&jltar].
70 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.27. Section 29.015, Water Code, is amended as SECTION 25.27. Same as House version.
follows:
71 11.148.310
,
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION .28. The following provisions of the Natural SECTION 25.28. Same as House version.
Resources Code are repealed:
(I) Section 91.111; and
(2) Section 91.112. [FA5]
No equivalent provision. SECTION _.29. On the effective date of this article: SECTION 25.29. Same as House version.
(I) the oil-field cleanup fund is abolished;
(2) any money remaining in the oil-field cleanup fund is
transferred to the oil and gas regulation and cleanup fund;
(3) any claim against the oil-field cleanup fund is transferred
to the oil and gas regulation and cleanup fund; and
(4) any amount required to be deposited to the credit of the
oil-field cleanup fund shall be deposited to the credit of the oil
and gas regulation and cleanup fund. [F A5]
No equivalent provision. ARTICLE _ CORRECTIONAL MANAGED HEALTH ARTICLE 53. Same as House version.
CARE [FA8]
No equivalent provision. SECTION _. Section 50 I. 133(a), Government Code, is SECTION 53.01. Section 501.133(a), Government Code, is
amended as follows: amended as follows:
(a) The committee consists of the' foJlowirigsix [fiffle] (a) The committee consists of five voting [ftiflefmeml>ers and
members [8~fJaiRteel as faHeY/5]: D'ne non~voting m~mber [SfJfJSiRtea as felle'Ns]:
(I) rn>(l'rllembers employed fuJI-time by the department, at (I) one member [t''';'13 RlemlieFsj employed, fuJI-time by the
ieast one: ofwhoTii ,is a physician, appointed by the executive department, [at least' EiRe af y.~keffi is" ~ f'R,.~.i~.ian,] appointed
director; by the executive director;
(2) '["'7;8' R:le'fR'~e'~ '~ffi}31e)'eEl -ftill '~l~e: ~~: 'Th"e ~tJHi~ie~it5< e'f (2) one member who 'is a physician'[k'",il memlle"s] employed
72 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION . Section 501.135(b), Government Code, is SECTION 53.02. Same as House version.
amended as follows:
(b) A person may not be an appointed [a] member of the
committee and may not be a committee employee employed
in a "bona fide executive, administrative, or professional
capacity," as that phrase is used for purposes of establishing
an exemption to the overtime provisions of the federal Fair
Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.)
and its subsequent amendments if:
(I) the person is an officer, employee, or paid consultant of a '
Texas trade association in the field of health care or health
care services; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
care or health care services. [FA8]
No equivalent provision. SECTION _ Section 501.136, Government Code, is SECTION 53.03. Section 501.136, Government Code, is
73 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _. Section 501.137, Government Code, is Same as Senate version.
amended as follows:
Sec. 501.137. PRESIDING OFFICER. The governor shall
designate a public member of the committee who is J!
physician [lieeRseEi te fJFaetiee ffieaieiRe iR tHis state] as
presiding officer. The presiding officer serves in that capacity
at the will ofthe governor. [FA8]
No equivalent provision. SECTION _' Section 501.142, Government Code, is Same as Senate version.
amended as follows:
Sec. 501.142. ADMINISTRATION; PERSONNEL. The
committee may hire a managed health care administrator, who
may be familiar with health care rate structures and may
employ personnel necessary for the administration of the
committee's duties. The committee shall pay necessary costs
for its operation, including costs of hiring the managed health
care administrator and other personnel, from funds
appropriated by the legislature to the department for
correctional health care. [FA8]
No equivalent provision. SECTION _. Section 501.147, Government Code, is SECTION 53.04. Section 501.147, Government Code, is
amended by amending Subsection (a) and adding Subsections amended as follows:
74 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
75 11.148.310
Senate BiI11811
Conference Committee Report
Section-by-Section Analysis
..
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
[llsRiffiittee]' shail:iriitiatea:competiti~e'
biddingprbcess Yo~
conlracij with'other:providers (()r~ril~edic'alcare to persons
confined bYlhe department.
as
(ejThe committee shaH ti&eac!iori necessary ioerisure that (e) The''Clepartl11ent. iti coopeniii6nwith'the committee,maY
the committee contracts'. only with an entity that can provide 'contract \Vithan individmil or firm :for a biennial review of,
services within the amount appropriatedfcir thosepurooses by and reportcoricerning.expend itures.under the managed healih
the General AppropriatiorisAct; care plan; Thereviewrriust be conduCted byanindividualoi
<0 A'conitact entered into underthis:secHonmust anow'the firm experienced in a'udiiing the state'sMedicaid expenditures
cOIhinittee' access tei:aJl'ofthe .contracting entity's· financial and other rriedieaFexpendiiUres: Not later than September I of
records and writtenjlolicy 'standards ·thai relate to any inmate eacheven~numberedyear; the department shall submit 'a copy
health care issiJe or concern, [FA8] of a report under this section to the health care providers that
are' pari·or·the· managed" health <care." provider network
established under this subchapter. the Legislative Budget
Board; thegovemor'. and the .lieutenant governor. and 'the
'speaker' of the house of representatives:
No equivalent provision, SECTION _. Section 501.148, Government Code, is SECTION 53.05. Section 501.148, Government Code, is
amended by amending Subsection (a) and adding Subsections amended by amending Subsection (a) and adding Subsections
(a-I) and (e) as follows: (a-I) and (e) as foHows:
(a) The committee shail: (a) The committeerriay [$aJI1:
(J) develop statewide policies for the delivery of correctional (I) develop statewide policies for the delivery of correctional
health care; health care;
(2) n\airitain coniractSfor healthcarc!servicesir\':'!:Orisultati9n (2) [ffi8iRt~iR e~fttf8~t.5·:'ieF·-ke_B~dl e~fe -se'A'i~es 1ft 'e~~·~iii-~~8·~
wiihlhe department and the health care 'providers; lsi.tI=r tke r:f~paFHReRt 8~e. die .tlea.lt~ e~e pFeviEl~FS;
(3) communicate with the department and the legislature ~ communicate with the department and the legislature
regarding the financial needs of the correctional health care regarding the financial needs of the correctional health care
system; .. , " ,y . . ' ,. " , '" ",'.' .. " system; '. ,.. . .' . ". »'." ' "."
(4) allocate funding, made ,available 'through', legislativ~ ill [(4) all~eate fYRetiRg meete ·'availaele·: ~t:~Mgfl .Iegi,slati... ~
appropriations for correctional healthcare; 8flPF8ffriat1eRs fer eeffeeJieRaI.~ealtli·eefe;
(5) monitor the expenditures of The University of Texas ~ in conjunction with the department, monitor the
Medical Branch at Galveston and the Texas Tech University expenditures of The University of Texas Medical Branch at
Health Sciences Center to ensure that those expenditures Galveston and the Texas Tech University Health Sciences
comply with applicable statutory and contractual Center to ensure that those expenditures comply with
76 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 53.06. (a) The correctional managed health care
committee established under Section 501.133, Government
Code, as that section existed before amendment by this article,
is abolished effective November 30, 201 I.
(b) An appointing official under Section 501.133, Government
Code, shall appoint the members of the correctional managed
health care committee under Section 501.133, Government
Code, as amended by this Act, not later than November 3 I,
2011. The governor shall appoint one public member to serve
a term that expires February 1,2013, and one public member
to serve a term that expires February 1,2015
(c) The term of a person who is serving as a member of the
correctional managed health care committee immediately
before the abolition of that board under Subsection (a) of this
section expires on November 30, 201 I. Such a person is
eligible for appointment by an appointing official to the new
committee under Section 501.133, Government Code, as
amended by this article.
No equivalent provision. SECTION _. Subchapter E, Chapter 501, Government Code, Same as Senate version.
is amended by adding Section 501.14SI, STUDY; ANNUAL
REPORT. [FAS]
No equivalent provision. SECTION . Not later than December 31, 2012, the Same as Senate version.
Correctional Managed Health Care Committee shall submit to
the Texas Department of Criminal Justice, the governor, and
the Legislative Budget Board the first report required by
Section 501.14SI, Government Code, as added by this Act.
[FAS]
7S 11.l4S310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.01. The heading to Section 2165.2035, SECTION 26.0 I. Same as House version.
Government Code, is amended as follows:
Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED
PARKING LOTS AND GARAGES: USE AFTER HOURS.
[FA9,FA10,FAI I,FA 12,FAI3]
No equivalent provision. SECTION _.02. Subchapter E, Chapter 2165, Government SECTION 26.02. Same as House version.
Code, is amended by adding Sections 2165.204, 2165.2045,
and 2165.2046 as follows:
Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED
PARKING LOTS AND GARAGES: EXCESS INDIVIDUAL
PARKING SPACES. (a) The commission may lease to a
private individual an individual parking space in a state-
owned parking lot or garage located in the cilY of Austin that
the commission determines is not needed 10 accommodate the
regular parking requirements of state employees who work
near the lot or garage and visitors to nearby state government
offices.
(b) Money received from a lease under this section shall be
deposited to the credit of the general revenue fund.
(c) In leasing a parking space under Subsection (a). the
commission must ensure that the lease does not restrict uses
for parking lots and garages developed under Section
2165.2035. including special event parking related to
institutions of higher education.
fd) Tn leasing or renewing a lease for a parking space under
Subsection (a). the commission shall give preference to an
individual who is currently leasing or previously leased the
parking space.
79 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
80 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.03. This article takes effect immediately if this SECTION 26.03. Same as House version.
Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article Ill, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect September I,
2011. [FA9]
No equivalent provision. ARTICLE _. FISCAL MATTERS RELATING TO ARTICLE 27. Same as House version.
SECRETARY OF STATE [FA9,FAIO,FAII,FAI2,FAI3]
No equivalent provision. SECTION _.oI. Section 405.014, Government Code, is SECTION 27.01. Same as House version.
amended as follows:
Sec. 405.014. ACTS OF THE LEGISLATURE. Requires the
secretary of state, as soon as practicable after the closing of
each session of the legislature, to publish and maintain
electronicaiiy the bills enacted at that session. Requires the
electronic publication to be:
(I) indexed by bill number and assigned chapter number for
each bill; and
(2) made available by an electronic link on the secretary of
state's generally accessible Internet website.
[FA9,FAIO,FAI I,FAI2,FA 13]
No equivalent provision. SECTION _.02. Subchapter B, Chapter 2158, Government SECTION 27.02. Same as House version.
Code, is repealed. [FA9,FAIO,FAI I,FAI2,FAI3]
No equivalent provision. SECTION _.03. The change in law made by this article does SECTION 27.03. Same as House version.
not apply to a contract for the publication of the laws of this
state entered into before the effective date of this article. ..
81 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
.'
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
[FA9,FAIO,FAII,FAI2,FAI3]
No equivalent provision. SECTION _.04. This article takes effect immediately if this SECTION 27.04. Same as House version.
Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article JIl, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect September I,
201 I. [FA9,FA10,FAI I,FAI2,FA13]
No equivalent provision. ARTICLE _ FISCAL MATTERS REGARDING ARTICLE 28. Same as House version.
ATTORNEY GENERAL [FA9,FAIO,FAI l,FAI2,FAI3]
No equivalent provision. SECTION _.01. Section 402.006, Government Code, is SECTION 28.0 I. Same as House version.
amended by adding Subsection (e) as follows:
(e) The attorney general may charge a reasonable fee for the
electronic filing of a document.
[FA9,FA IO,FA I I,FAI2,FAI3]
No equivalent provision. SECTION _.02. The heading to Section 402.0212, SECTION 28.02. Same as House version.
Government Code, is amended as follows:
Sec. 402.0212. PROVISION OF LEGAL SERVICES--
OUTSIDE COUNSEL: FEES. [FA9,FAIO,FAll,FAI2,FAI3]
No equivalent provision. SECTION _.03. Section 402.0212, Government Code, is SECTION 28.03. Same as House version.
amended by amending Subsections (b) and (c) and adding
Subsections (d), (e), and (I) as follows:
(b) An invoice submitted to a state agency under a contract for
legal services as described by Subsection (a) must be
reviewed by the attorney general to determine whether the
invoice is eligible for oayment.
(c) An attorney or law firm must pay an administrative fee to
the attorney general for the review described in Subsection (b)
82 11.148.310
Senate BiJl1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.04. Section 371.051, Transportation Code, is SECTION 28.04. Same as House version,
amended as follows:
Sec. 371.051. ATIORNEY GENERAL REVIEW AND
EXAMINATION FEE. ~ A toll project entity may not enter
into a comprehensive development agreement unless the
attorney general reviews the proposed agreement and
determines that it is legally sufficient.
Cb) A toll project entity shall pay a nonrefundable examination
fee to the attorney general on submitting a proposed
comprehensive development agreement for review. At the
time the examination fee is paid, the toll project entity shall
also submit for review a complete transcript of proceedings
related to the comprehensive development agreement.
Cc) If the toll project entity submits multiple proposed
comprehensive development agreements relating to the same
toll project for review, the entity shall pay the examination fee
under Subsection Cb) for each proposed comprehensive
development agreement.
Cd) The attorney general shall provide a legal sufficiency
determination not later than the 60th business day after the
date the examination fee and transcript of the proceedings
required under Subsection Cb) are received. If the attorney
..
83 11.148.310
.• '
No equivalent provision. SECTION .05. (a) Amends Section 81.054, Government Same as Senate version.
Code, by adding Subsection (m).
[FA9,FAIO,FAII,FAI2,FAI3]
No equivalent provision. SECTION _.06. The fee prescribed by Section 402.006, SECTION 28.05. Same as House version.
Government Code, as amended by this article, applies only to
a document electronically submitted to the office of the
attorney general on or after the effective date of this article.
[FA9,FAI O,FA II,FAI2,FAI3]
84 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.07. The fee prescribed by Section 402.0212, SECTION 28.06. Same as House version.
Government Code, as amended by this article, applies only to
invoices for legal services submitted to the office of the
attorney general for review on or after the effective date of
this article. [FA9,FAIO,FAII,FAI2,FA13]
No equivalent provision. SECTION _.08. The fee prescribed by Section 371.051, SECTION 28.07. Same as House version.
Transportation Code, as amended by this article, applies only
to a comprehensive development agreement submitted to the
office of the attorney general on or after the effective date of
this article. [FA9,FAJO,FAII,FAJ2,FAI3]
No equivalent provision. SECTION _.09. The changes in law made by this article SECTION 28.08. Same as House version.
apply only to a contract for legal services between a state
agency and a private attorney or Jaw firm entered into on or
after the effective date of this article. A contract for legal
services between a state agency and a private attorney or law
firm entered into before the effective date of this article is
governed by the law in effect at the time the contract was
entered into, and the former law is continued in effect for that
purpose. [FA9,FAIO,FAJ I,FAI2,FAJ3]
No equivalent provision. SECTION _.10. Except as otherwise provided by this article, SECTION 28.09. Same as House version.
this article takes effect immediately if this Act receives a vote
of two-thirds of all the members elected to each house, as
provided by Section 39, Article 1Il, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect,
this article takes effect September I, 20 II.
[FA9,FA 10,FAII,FA12,FAI3]
No equivalent provision. ARTICLE _. TEXAS PRESERVATION TRUST FUND ARTICLE 29. Same as House version.
ACCOUNT [FA9,FAIO,FAII,FAI2,FAI3]
85 11.148.310
"
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION .01. Subsections (a), (b), and (f), Section SECTION 29.01. Same as House version.
442.0 IS, Government Code, are amended to make
nonsubstantive changes to provisions relating to the Texas
preservation trust fund account, to limit the use of money in
the account to purposes set out in state law, and to authorize
such money to be used to pay the operating expenses of the
Texas Historical Commission. [FA9,FAIO,FAII,FAI2,FA13)
No equivalent provision. SECTION _.02. Subsections (h), (i), G), (k), and (I), Section SECTION 29.02. Same as House version.
442.015, Government Code, are repealed.
[FA9,FAIO,FAII,FAI2,FA13)
No equivalent provision. SECTION _.03. The comptroller of public accounts and the SECTION 29.03. Same as House version.
Texas Historical Commission shall enter into a memorandum
of understanding to facilitate the conversion of assets of the
Texas preservation trust fund account into cash for deposit
into the state treasury using a method that provides for the
lowest amount of revenue loss to the state.
[FA9,FA 10,FAII,FAI2,FA13)
No equivalent provision. SECTION _.04. This article takes effect November 1,2011. SECTION 29.04. Same as House version.
[FA9,FAIO,FAll,FAJ2,FA13)
No equivalent provision. ARTICLE _ FISCAL MATIERS CONCERNING ARTICLE 30. Same as House version.
INFORMATION TECHNOLOGY [FA9, FAJO, FAIl, FAI2,
FA13)
No equivalent provision. SECTION _.01. Section 2054.380, Government Code, is SECTION 30.0 I. Same as House version.
amended as follows:
Sec. 2054.380. FEES.ll!} The department shall set and charge
a fee to each state agency that receives a service from a
statewide technology center in an amount sufficient to cover
86 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION .02. Subsection (d), Section 2157.068, SECTION 30.02. Same as House version.
Government Code, is amended as follows:
(d) The department may charge a reasonable administrative
fee to a state agency, political subdivision of this state, or
governmental entity of another state that purchases
commodity items through the department in an amount that is
sufficient to recover costs associated with the administration
of this section. Revenue derived from the collection of fees
imposed under this subsection may be appropriated to the
department for:
(n developing statewide information resources technology
policies and planning under Chapters 2054 and 2059: and
(2) providing shared information resources technology
services under Chapter 2054. [FA9,FAIO,FAJ I,FAI2,FAI3]
No equivalent provision. SECTION _.03. Subsections (a) and (d), Section 2170.057, SECTION 30.03. Same as House version.
Government Code, are amended as follows:
(a) The department shall develop a system of billings and
charges for services provided in operating and administering
the consolidated telecommunications system that allocates the
total state cost to each entity served by the system based on
proportionate usage. The department shall set and charge a fee
to each entity that receives services provided under this
87 11.1.48.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
.
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION _,04. This article takes effect immediately if this SECTION 30.04. Same as House version.
Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article 1lI, Texas
Constitution, If this Act does not receive the vote necessary
for immediate effect, this article takes effect September I,
201 I. [FA9,FAIO,FAI I,FAI2,FAJ3]
No equivalent provision, ARTICLE_. STATE DEBT [FA9,FA IO,FAI I,FAI2,FAJ3] ARTICLE 3 I. Same as House version.
No equivalent provision. SECTION _.01. Chapter 123 I, Government Code, is SECTION 3 1.0 I. Same as House version.
amended by adding Subchapter G, LIMIT ON STATE DEBT
PAYABLE FROM GENERAL REVENUE FUND,· as
follows:
Sec. 1231.151. DEFINITIONS. In this subchapter:
88 11.I48.310
Senate Bill 1811
Conference Comm ittee Report
Section-by-Section Analysis
89 11.148.310
"
..
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
Cb) The board may publish the report required by this section
as a component of any other report required by law. including
the annual report required by Section 1231.102. or as an
independent report. The board shall make the report available
to the public. [FA9,FAI0,FAI I,FAI2,FAI3]
No equivalent provision. SECTION _.02. The Bond Review Board shall publish the SECTION 31.02 Same as House version.
initial report required by Section 1231.153, Government
Code, as added by this article, during the state fiscal year
beginning September 1,201 I. [FA9,FAIO,FAII,FAI2,FAI3]
No equivalent provision. SECTION _.03. This article takes effect immediately if this SECTION 3 I.03. Same as House version.
Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect September I,
201 I. [FA9,FAI0,FAII,FAI2,FAI3]
No equivalent provision. ARTICLE . CONTINUING LEGAL EDUCATION ARTICLE 32. Same as House version.
REQUIREMENTS FOR ATIORNEY EMPLOYED BY
ATIORNEY GENERAL [FA9,FAIO,FAI I,FAI2,FAI3]
No equivalent provision. SECTION _.01. Section 81.113, Government Code, is SECTION 32.0 I. Same as House version.
amended by adding Subsection (a-I) as follows:
(a-I) The state bar shall credit an attorney licensed in this state
with meeting the minimum continuing legal education
requirements of the state bar for a reporting year if during the
reporting vear the attorney is employed full-time as an
attorney by the office of the attorney general. An attorney
credited for continuing legal education under this subsection
must meet the continuing legal education requirements of the
state bar in legal ethics or professional responsibility. This
subsection expires January 1. 2014.
90 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
[FA9,FAI0,FAII,FA 12,FA13]
No equivalent provision. SECTION _.02. Subchapter A, Chapter 402, Government SECTION 32.02. Same as House version.
Code, is amended by adding Section 402.010 as follows:
Sec. 402.010. CONTINUING LEGAL EDUCATION
PROGRAMS. The office of the attorney general shall
recognize. prepare. or administer continuing legal education
programs that meet continuing legal education requirements
imposed under Section 81.113(c) for the attorneys employed
by the office. This section expires January I. 2014.
[FA9,FAI0,FAII,FAI2,FAI3]
No equivalent provision. SECTION _.03. Section 81.J 13, Government Code, as SECTION 32.03. Same as House version.
amended by this article, applies only to the requirements for a
continuing legal education compliance year that ends on or
after September I, 2011. The requirements for continuing
legal education for a compliance year that ends before
September J, 2011, are covered by the law and rules in effect
when the compliance year ended, and that law and those rules
are continued in effect for that purpose.
[FA9,FA 10,FA II,FAI2,FA13l
No equivalent provision. ARTICLE _ REGISTRATION FEE AND ARTICLE 33. Same as House version.
REGISTRATION RENEWAL FEE FOR LOBBYISTS
[FA9,FAIO,FA II,FA 12,FA13]
No equivalent provision. SECTION .01. Subsection (c), Section 305.005, SECTION 33.01. Same as House version.
Government Code, is amended as follows:
(c) The registration fee and registration renewal fee are:
(I) $150 [$+00] for a registrant employed by an organization
exempt from federal income tax under Section 501(c)(3),{eF1
SOI(c)(4), orSO](cX6). Internal Revenue Code of 1986;
(2) ill [$WI for any person requircd to register solely '.
91 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. ARTICLE _ ASSESSMENT OF PREMIUM ARTICLE 34. Same as House version.
DIFFERENTIAL ON CERTAIN PUBLIC EMPLOYEES
WHO USE TOBACCO [FA9,FAIO,FAII,FAI2,FA13]
No equivalent provision. SECTION _.01. Subchapter G, Chapter 1551, Insurance SECTION 34.0 I. Same as House version.
Code, is amended by adding Section 1551.3075 as follows:
Sec. 1551.3075. TOBACCO USER PREMIUM
DIFFERENTIAL. (a) The board of trustees shall assess each
participant in a health benefit plan provided under the group
benefits program who uses one or more tobacco products a
tobacco user premium differential. to be paid in monthly
installments. Except as provided by Subsection (b). the board
of trustees shall determine the amount of the monthly
installments of the premium differential.
<b) If the General Appropriations Act for a state fiscal
biennium sets the amount of the monthly installments of the
tobacco user premium differential for that biennium. the board
of trustees shall assess the premium differential during that
biennium in the amount prescribed by the General
Appropriations Act. [FA9,FAIO,FAll,FAI2,FA13)
No equivalent provision. SECTION _.02. Section 1551.314, Insurance Code, is SECTION 34.02. Same as House version.
amended as follows:
Sec. 1551.314. CERTAIN STATE CONTRIBUTIONS
PROHIBITED. Prohibits a state contribution from being made
for or used to pay a tobacco user premium differential
assessed under Section 1551.3075. [FA9, FAI0, FAil, FAI2,
FA 13]
92 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. ARTICLE _. REGIONAL POISON CONTROL CENTER ARTICLE 36. Same as House version.
MANAGEMENT CONTROLS AND EFFICIENCY
[FA9,FA 10,FA II,FAI2,FA13]
No equivalent provision. SECTION _.01. Amends Section 777.001, Health and Safety SECTION 36.01. Same as House version except as follows:
Code, by amending Subsections (a) and (c) and adding
Subsection (d) as follows: [FA9,FAI 0,FAII,FAI2,FA13]
No equivalent provision. (a) The following medical facilities may be [£ili FegieABI Same as Senate version.
seAters feF peiseR eeRtrel are] designated by the Commission
on State Emergencv Communications as the regional poison
control centers forthe state [es fellews]:
(I) The University of Texas Medical Branch at Galveston;
(2) the Dallas County Hospital District/North Texas Poison
Center;
(3) The University of Texas Health Science Center at San
Antonio;
(4) the University Medical Center of EI Paso, EI Paso County
Hospital District;
(5) the Texas Tech University Health Sciences Center at
Amarillo; and
(6) Scott and White Memorial Hospital, Temple, Texas.
[FA9,FAIO,FAII,FAI2,FAI3]
No equivalent provision. (c) The Commission on State Emergency Communications (c) Same as House version.
may standardize the operations of and implement management
controls to improve the efficiency of regional poison control
93 11.148.310
Senate BiI11811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. (d) If the Commission on State Emergency Communications (d) Same as House version.
implements management controls under Subsection (c), the
commission shall submit to the governor and the Legislative
Budget Board a plan for implementing the controls not later
than October 3 I. 201 I. This subsection expires January I.
2013. [FA9,FAIO,FAII,FAI2,FA13]
No equivalent provision. SECTION _.02. Amends Subsection (b), Section 777.008, Same as Senate version.
Health and Safety Code. [FA9,FAIO,FAI I,FAI2,FA13]
ARTICLE 19. AUTHORIZED USES FOR CERTAIN ARTICLE _. Same as Senate version except article heading ARTICLE 37. Same as Senate version.
DEDICATED PERMANENT FUNDS reads AUTHORIZED USES FOR CERTAIN DEDICATED
PERMANENT FUNDS IN STATE TREASURY. [FA9
reverts the text to the Senate Engrossed version.]
SECTION 19.01. Amends Section 403.105, Government SECTION _.01. Same as Senate version. [FA9, FAIO, FAIl, SECTION 37.01. Same as Senate version.
Code, by amending Subsection (b) and adding Subsection (h- FA 12, FA 13 reverts the text to the Senate engrossed version.]
I) as follows:
(b) Makes a conforming change.
(h- I) Authorizes the legislature, notwithstanding the
limitations and requirements of Section 403.1 068, to
appropriate money in the permanent fund for health and
tobacco education and enforcement, including the corpus and
available earnings of the fund determined under Section
403.1 068, to pay the principal of or interest on a bond issued
for the purposes of Section 67, Article JIl, Texas Constitution.
94 11.l48.310
Senate Bill 1811
Conference Committee Report
Section.by-Section Analysis
SECTION 19.02. Amends Section 403.1055, Government SECTION _.02. Same as Senate version. [FA9, FAIO, FAI I, SECTION 37.02. Same as Senate version.
Code, by amending Subsection (b) and adding Subsection (b- FA 12, FA 13 reverts the text to the Senate engrossed version.]
I) as follows:
(b) Makes a confonning change.
(b·l) Authorizes the legislature, notwithstanding the
limitations and requirements of Section 403.1068, to
appropriate money in the pennanent fund for children and
public health, including the corpus and available earnings of
the fund detennined under Section 403.1 068, to pay the
principal of or interest on a bond issued for the purposes of
Section 67, Article Ill, Texas Constitution. Specifies that this
subsection does not authorize the appropriation under this
subsection of money subject to a limitation or requirement as
described by Subsection (e) that is not consistent with the use
of the money in accordance with this subsection.
SECTION 19.03. Amends Section 403.106, Government SECTION .03. Same as Senate version. [FA9, FAIO, FAIl, SECTION 37.03. Same as Senate version.
Code, by amending Subsection (b) and adding Subsection (h- FA 12, FA I3 reverts text to the Senate engrossed version.]
1) as follows:
(b) Makes a confonning change.
(h-I) Authorizes the legislature, notwithstanding the
limitations and requirements of Section 403.1 068, to
appropriate money in the pennanent fund for emergency
medical services and trauma care, including the corpus and
available earnings of the fund detennined under Section
403.1068, to pay the principal of or interest on a bond issued
for the purposes of Section 67, Article 111, Texas Constitution.
95 J1.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
SECTION 19.04. Article effective date. SECTION _.04. Same as Senate version. [FA9, FA10, FAil, SECTION 37.04. Same as Senate version.
FAI2, FAI3 reverts text to the Senate engrossed version.]
ARTICLE 20. EMPLOYER ENROLLMENT FEE FOR No equivalent provision. ARTICLE 38. Same as Senate version.
PARTICIPATION IN CERTAIN HEALTH BENEFIT
PLANS
SECTION 20.01. Amends Subchapter G, Chapter 1551, No equivalent provision. SECTION 38.01. Same as Senate version.
Insurance Code, by adding Section J55 1.3076, EMPLOYER
ENROLLMENT FEE, as follows:
(a) Requires the board of trustees to assess each employer
whose employees participate in the group benefits program an
employer enrollment fee in an amount not to exceed a
percentage of the employer's total payroll, as determined by
the General Appropriations Act.
(b) Requires the board of trustees to deposit the enrollment
fees to the credit of the employees life, accident, and health
insurance and benefits fund to be used for the purposes
specified by Section 1551.40 I.
ARTICLE 21. LEGISLATIVE BUDGET BOARD No equivalent provision. ARTICLE 45. Same as Senate version.
MEETINGS
SECTION 21.0 I. Section 322.003, Government Code, is No equivalent provision. SECTION 45.01. Section 322.003, Government Code, is
amended by adding Subsection (t) as follo\Vs: ... . amended by adding Subsection (t) as follows:
(f) The board shall hold a public hearing in Novemberof each (f) The board shall hold a public hearing each state fiscal year
96 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. Same as Senate version. SECTION 45.02. Chapter 322, Government Code, is amended
by adding Section 322.008 I as follows:
Sec. 322.0081. BUDGET DOCUMENTS ONLINE. {al The
board shall post on the board's Internet website documents
,.
97 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. ARTICLE _. GENERAL HOUSING MATTERS [FA9, ARTICLE 54. Same as House version.
FAIO, FAil, FAI2, FAl3)
No equivalent provision. SECTION .0 I. Section 481.078, Government Code, is SECTION 54.01. Same as House version except as follows:
amended by amending Subsection (c) and adding Subsections
(d-I) and (d-2)as follows:
No equivalent provision. (c) Except as provided by Subsections [SY9seetieR) (d) and (c) Same as House version.
!!!::l1 the fund may be used only for economic development,
infrastructure development, community development, job
training programs, and business incentives.
No equivalent provision. (d-l> The fund may be used for the Texas homeless housing (d-I) Same as House version.
98 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision, (d-2) The fund may be used for the Jobs and Education for Same as Senate version.
Texans Fund established under Chapter 403, Subsections (e-
I), co. (g), (h), (j), and (j) and Section 481 .080 do not apply to
a grant awarded for a purnose specified by this subsection,
[FA9,FAIO,FAI I,FAI2,FAI3)
No equivalent provision, Same as Senate version. (d-2) Notwithstanding Subsection (e), during the state fiscal
biennium that begins on September I. 2011. the governor
shall use not less than $10 million from the fund for grants
described by Subsection (d-I). This subsection expires
September I. 2013.
[The conference committee may have exceeded the limitations
imposed on its jurisdiction, but only the presiding officer can
make the final determination on this issue.)
No equivalent provision, SECTION _,02. Section 481.079, Government Code, is SECTION 54,02, Same as House version.
amended by adding Subsection (a-I) as follows:
(a-I) For grants awarded for a purpose specified by Section
481.078(d-l), the report must include only the amount and
purnose of each grant. [FA9,FAIO,FAII,FAI2,FAI3)
No equivalent provision. SECTION _,03. Subchapter K, Chapter 2306, Government SECTION 54.03, Same as House version.
Code, is amended by adding Section 2306.2585 as follows:
Sec. 2306.2585. HOMELESS HOUSING AND SERVICES
PROGRAM. (a) The department may administer a homeless
housing and services program in each municipality in this
state with a population of285,500 or more to:
99 11.148.310
Senate BiIII8H
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION _.04. This article takes effect immediately if this SECTION 54.04. Same as House version.
Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect September I,
201 I. [FA9,FAIO,FAII,FA12,FAI3]
No equivalent provision. ARTICLE _' DEBT ISSUANCE AUTHORITY OF AND Same as Senate version.
FUNDING FOR CANCER PREVENTION AND
RESEARCH INSTITUTE OF TEXAS [FA9, FAIO, FAIl,
FA12, FAI3]
No equivalent provision. ARTICLE _ PUBLIC ASSISTANCE REPORTING ARTICLE 35. Same as House version,
INFORMATION SYSTEM [FA9,FAIO,FAI I,FAI2,FAI3]
No equivalent provision. SECTION .01. Subsection (c), Section 434.017, SECTION 35.01. Same as House version.
Government Code, is amended as follows:
100 11.148.310
Senate Bill 1811
Conference Committee Report
Seetion-by-Section Analysis
No equivalent provision. SECTION _.02. SECTION _.02. The comptroller shall SECTION 35.02. Same as House version.
credit to the fund for veterans' assistance established under
Section 434.017, Government Code, as amended by this
article, the savings generated from the use of the federal
Public Assistance Reporting Information System (PARIS)
under that section. [FA9,FAIO,FAII,FAI2,FA 13]
No equivalent provision. ARTICLE _. UNIFORM GRANT AND CONTRACT ARTICLE 55. Same as House version.
MANAGEMENT [FA9,FAIO,FAJ I,FAJ2,FA13]
No equivalent provision. SECTION _.01. Section 783.004, Government Code, is SECTION 55.0 I. Same as House version.
amended as follows:
Sec. 783.004. OFFICE OF THE COMPTROLLER
[(;OVeR."IOR'£ OFFICE]. The office of the comptroller
[gs\'sFRsr's smea] is the state agency for uniform grant and
contract management. [FA9,FA10,FAII,FAI2,FAI3]
No equivalent provision. SECTION _.02. Subsections (a) and (b), Section 783.005, SECTION 55.02. Same as House version.
Government Code, are amended as follows:
(a) The comptroller [gs'"eFRSr'S amea] shall develop uniform
and concise language for any assurances that a local
101 11.148.310
.'
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION _.03. Section 783.006, Government Code, is SECTION 55.03. Same as House version.
amended as follows:
Sec. 783.006. STANDARD FINANCIAL MANAGEMENT
CONDITIONS. (a) The comptroller [ga'leRlar's alliee] shaH
compile and distribute to each state agency an official
compilation of standard financial management conditions.
(b) The comptroller [ga.'eFRar's alliee] shall develop the
compilation from Federal Management Circular A-102 or
from a revision of that circular and from other applicable
statutes and regulations.
(c) The comptroller [ga','erRar's alliee] shall include in the
compilation official commentary regarding administrative or
judicial interpretations that affect the application of financial
management standards.
(d) The comptroller [ga.'eRlar's alliee] may:
(I) categorize the financial management conditions according
to the type of grant or contract;
(2) designate programs to which the conditions are applicable;
and
(3) revise the conditions. [FA9,FAIO,FAI I,FAI2,FAI3]
No equivalent provision. SECTION .04. Subsection (d), Section 783.007, SECTION 55.04. Same as House version.
Government Code, is amended as follows:
(d) The agency shall file a notice of each proposed rule that
establishes a variation from uniform assurances or standard
102 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION .05. Subsection (b), Section 783.008, SECTJON 55.05. Same as House version.
Government Code, is amended as follows:
(b) On receipt of a request for a single audit or audit
coordination, the· comptroller [gs'ieFRsr's sffiee] in
consultation with the state auditor shall not later than the 30th
day after the date of the request designate a single state
agency to coordinate state audits of the local government.
[FA9,FAIO,FA I I,FAI2,FA 13]
No equivalent provision. ARTICLE _. STATE ENERGY FACILITIES [FA9, Same as Senate version.
FAII,FAI2,FAI3,FAI0]
No equivalent provision. ARTICLE _ FISCAL MATTERS CONCERNING ARTJCLE. 39. Same as House version.
SURPLUS AND SALVAGE PROPERTY
[FA9,FAI0,FA11,FAI2,FAI3]
No equivalent provision. SECTION _.01. Subchapter C, Chapter 2175, Government SECTJON 39.01. Same as House version.
Code, is repealed. [FA9, FA 10,FAI I,FAI2,FAI3]
No equivalent provision. SECTION _.02. Section 32. I 02(a), Education Code, is SECTION 39.02. Same as House version.
amended as follows:
(a) As provided by this subchapter, a school district or open-
enrollment charter school may transfer to a student enrolled in
the district or school:
(I) any data processing equipment donated to the district or
school, including equipment donated by:
(A) a private donor; or
(B) a state eleemosynary institution or a state agency under
Section 2175.905 [211$.128], Government Code; •
103 11.148.310
.'
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION _.03. Section 2175.002, Government Code, is SECTION 39.03. Same as House version.
amended as follows:
Sec. 2175.002. ADMINISTRATION OF CHAPTER. The
commission is responsible for the disposal of surplus and
salvage property of the state. The commission's surplus and
salvage property division shall administer this chapter.
[FA9,FAIO,FAII,FAI2,FA13]
No equivalent provision. SECTION _.04. Section 2175.065, Government Code, is SECTION 39.04. Same as House version.
amended by amending Subsection (a) and adding Subsections
(c) and (d) as follows:
(a) The commission may authorize a state agency to dispose
of surplus or salvage property if the agency demonstrates to
the commission its ability to dispose of the property under this
chapter [S~eeJ.1al3lerS C aRB e] in a manner that results in cost
savings to the state, under commission rules adopted under
this chapter.
(cl If property is disposed of under this section. the disposing
state agency shall report the transaction to the commission.
The report must include a description of the property disposed
of. the reasons for disposal. the price paid for the property
disposed of, and the recipient of the property disposed of.
(d) If the commission determines that a violation ofa state law
or rule has occurred based on the report under Subsection (cl.
the commission shall report the violation to the Legislative
Budget Board. [FA9,FAI0,FAII,FAI2,FA13]
No equivalent provision. SECTION _.05. The heading to Subchapter D, Chapter 2175, SECTION 39.05. Same as House version.
104 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.06. Section 2175.181, Government Code, is SECTION 39.06. Same as House version.
amended as follows:
Sec. 2175.181. APPLICABILITY. [Eel TRis sYeehal'ter
8J3J3ties 8RI)' ts Sl:IFflhiS 8RB salvage J3F8J3eR)' laeateEl in:
[Ell Tre\'is CeYR t:1';
[(2~ a 88HRt)' iR wl:iie~ feaeral S\U:phIS J3FBfJeFt)' is w8reRBuseEi
1:1)' .ke eeFRfAissieR HReer St:teeR8pter G; SF
[(3) 8 eel:fRt-y fer wAieh tAB eeRuHissieA eleteFRiiReS tftat it is
eest effeetive fe fellew tAe j3FeeeElHFes areolae HAEler tJ:tis
Sl:ISSR8j3ter 1!fl8 iAfeFfHS af+eeteel state ageReies sf that
eleteFlTliA8tieR.
[W] This subchapter applies [aees Ret el'!,I)'] to a state
agency delegated the authority to dispose of surplus or salvage
property under Section 2175.065.
[FA9,FAIO,FAll,FAI2,FA13]
No equivalent provision. SECTION _.07. Section 2175.182, Government Code, is SECTION 39.07. Same as House version.
amended as follows:
Sec. 2175.182. STATE AGENCY TRANSFER OF
PROPERTY [TO COMMISSlmlj. (a) A state agency that
determines it has surplus or salvage property shall inform the
commission of that fact for the purpose of determining the
method of disposal of the property. [The eemmissisR is
resp8nsi19le fer the ElisfJ8sel sf SHFj3ttlS SF salvage J3F8peR),
YRaer this SYeeh8I'ter.] The commission may take physical
possession of the property.
(b) Based on the condition of the property, the commission..Jn
conjunction with the state agency, shall determine whether the •
105 11.148.310
•
property is:
(I) surplus property that should be offered for transfer under
Section 2175. I84 or sold to the public; or
(2) salvage property.
(c) Following the determination in Subsection (b). the [+Re]
commission shall direct the state agency to inform the
comptroller's office of the property's kind, number, location,
condition, original cost or value, and date of acquisition.
[FA9,FAIO,FA I l,FAI2,FAI3]
No equivalent provision. SECTION _.08. Section 2175.1825, Government Code, is SECTION 39.08. Same as House version.
amended as follows:
Sec. 2175.1825. ADVERTISING ON COMPTROLLER
WEBSITE. W Not later than the second day after the date the
comptroller receives notice from a state agency [#Ie
8sRlRlissi8A] under Section 2175.182(c), the comptroller shall
advertise the property's kind, number, location, and condition
on the comptroller's website.
(b) The comptroller shall provide the commission access to all
records in the state property accounting system related to
sumlus and salvage property. [FA9,FAIO,FAI I,FAI2,FA13]
No equivalent provision. SECTION _.09. Section 2175.183, Government Code, is SECTION 39.09. Same as House version.
amended as follows:
Sec. 2175.183. COMMISSION NOTICE TO OTHER
ENTITIES. The [OR taltiRg Fesf1snsihilit)' fer Sl::lFfIHS J3F8J3e~r
YAlIer Illis sYllsllat1ler, llle] commission shall inform other
state agencies, political subdivisions, and assistance
organizations of the comptroller's website that lists surplus
property that is available for sale.
[FA9,FAIO,FAII,FAI2,FAI3]
No equivalent provision. SECTION _.10. Section 2175.184, Government Code, is SECTION 39. I O. Same as House version.
106 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.1 I. Section 2175.1 86(a), Government Code, is SECTION 39.1 I. Same as House version.
amended as follows:
(a) If a disposition of a state agency's surplus property is not
made under Section 2175.184, the commission shall sell the
property by competitive bid, auction, or direct sale to the
public, including a sale using an Internet auction site. The
commission may contract with a private vendor to assist with
the sale of the property. [FA9,FAIO,FAI I,FAI2,FAI3]
No equivalent provision. SECTION _. I2. Section 2175.189, Government Code, is SECTION 39.12. Same as House version.
amended as follows:
Sec. 2175.189. ADVERTISEMENT OF SALE. If the value of
an item or a lot of property to be sold is estimated to be more
than $25.000 [~], the commission shall advertise the sale
at least once in at least one newspaper of general circulation in
the vicinity in which the property is located.
[FA9,FAIO,FAII,FAI2,FAI3]
No equivalent provision. SECTION .13. Section 2175.191(a), Government Code, is SECTION 39.13. Same as House version.
amended as follows:
(a) Proceeds from the sale of surplus or salvage property, less
the cost of advertising the sale, the cost of selling the surplus
or salvage property, including the cost of auctioneer services •
107 11.148.310
.'
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION _.14. Section 2175.302, Government Code, is SECTION 39.14. Same as House version.
amended as follows:
Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY
INSTITUTIONS. Except as provided by Section 2175.905(b)
[2173.128(8)), this chapter does not apply to the disposition of
surplus or salvage property by a state eleemosynary
institution. [FA9,FAIO,FAI I,FAI2,FAI3)
No equivalent provision. SECTION _.15. Section 2I75.904, Government Code, is SECTION 39.15. Same as House version.
amended by amending Subsections (a) and (c) and adding
Subsection (d) as follows:
(a) The commission shall establish a program for the sale of
gambling equipment received from a municipality, from a
commissioners court under Section 263.I52(a)(5), Local
Government Code, or from a state agency under this chapter.
(c) Proceeds from the sale of gambling equipment from a
municipality or commissioners court, less the costs of the sale,
including costs of advertising, storage, shipping, and
auctioneer or broker services, and the amount of the fee
collected under Section 2175.188 [2173.13 I), shall be divided
according to an agreement between the commission and the
municipality or commissioners court that provided the
equipment for sale. The agreement must provide that:
(I) not less than 50 percent of the net proceeds be remitted to
the commissioners court; and
(2) the remainder of the net proceeds retained by the
commission be deposited to the credit of the general revenue
fund.
108 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision, SECTION _.16. Subchapter Z, Chapter 2175, Government SECTION 39.16. Same as House version,
Code, is amended by adding Sections 2175.905,
DISPOSITION OF DATA PROCESSING EQUIPMENT, and
2175.906, ABOLISHED AGENCIES, as follows:
Sec. 2175.905. (a) If a disposition of a state agency's surplus
or salvage data processing equipment is not made under
Section 2175.184, the state agency shall transfer the
equipment to:
(I) a school district or open-enrollment charter school in this
state under Subchapter C, Chapter 32, Education Code;
(2) an assistance organization specificd by the school district;
or
(3) the Texas Department of Criminal Justice.
(b) If a disposition of the surplus or salvage data processing
equipment of a state eleemosynary institution or an institution
or agency of higher education is not made under other law, the
institution or agency shall transfer the equipment to:
(I) a school district or open-enrollment charter school in this
state under Subchapter C. Chapter 32, Education Code;
(2) an assistance organization specified by the school district;
.Q!
(3) the Texas Department of Criminal Justice.
(c) The state eleemosynary institution or institution or agency
of higher education or other state agency may not collect a fee
or other reimbursement from the district, the school, the •
109 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. ARTICLE _. LAW ENFORCEMENT AND CUSTODIAL ARTICLE 40. Same as House version.
OFFICER SUPPLEMENTAL RETIREMENT FUND [FA IS]
No equivalent provision. SECTION _.01. Section 815.317, Government Code, is SECTION 40.01. Same as House version.
amended by adding Subsection (a-I) as follows:
(a-]) The comptroller shall deposit fees collected under
Section 133.102(e)(7), Local Government Code. to the credit
of the law enforcement and custodial officer supplemental
retirement fund. [FA 15]
No equivalent provision. SECTION .02. Section 133.102(e), Local Government SECTION 40.02. Same as House version.
Code, is amended as follows:
(e) The comptroller shall allocate the court costs received
under this section to the following accounts and funds so that
each receives to the extent practicable, utilizing historical data
as applicable, the same amount of money the account or fund
110 I J.l48.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.03. This article takes effect September I, 2013. SECTION 40.03. Same as House version.
[FAI5]
No equivalent provision. ARTICLE _. SALES AND USE TAX COLLECTION AND ARTICLE 41. Same as House version.
ALLOCATION [FAI9]
No equivalent provision. SECTION _.01. Section 151.008(b), Tax Code, is amended SECTION 41.0 I. Same as House version.
as follows:
(b) "Seller" and "retailer" include:
(I) a person in the business of making sales at auction of
tangible personal property owned by the person or by another;
(2) a person who makes more than two sales of taxable items
during a 12-month period, including sales made in the
capacity of an assignee for the benefit of creditors or receiver
or trustee in bankruptcy;
(3) a person regarded by the comptroller as a seller or retailer
under Section 151.024 [aflhis eaee];
(4) a hotel, motel, or owner or lessor of an office or residential
building or development that contracts and pays for
telecommunications services for resale to guests or tenants;
[aRd]
(5) a person who engages in regular or systematic solicitation
111 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION _.02. Section 151.107, Tax Code, is amended by SECTION 41.02. Same as House version.
amending Subsection (a) and adding Subsection (d) as
follows:
(a) For the purpose of this subchapter and in relation to the use
tax, a retailer is engaged in business in this state if the retailer:
(1) maintains, occupies, or uses in this state permanently,
temporarily, directly, or indirectly or through a subsidiary or
agent by whatever name, an office, [~1gee ef] distribution
center, sales or sample room or place, warehouse, storage
place, or any other physical location where [~1gee ef] business
is conducted;
(2) has a representative, agent, salesman, canvasser, or
solicitor operating in this state under the authority of the
retailer or its subsidiary for the purpose of selling or
delivering or the taking of orders for a taxable item;
(3) derives receipts [feIH9Is] from the sale. [a] lease. or rental
of tangible personal property situated in this state; ...
(7) holds a substantial ownership interest in. or is owned in
whole or substantial part by. a person who maintains a
112 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
113 11.148.310
•
No equivalent provision. SECTION _.03. Subchapter M, Chapter 151, Tax Code, is SECTION 41.03. Same as House version.
amended by adding Section 151.802, ALLOCATION OF
CERTAIN REVENUE TO PROPERTY TAX RELIEF
FUND, as follows:
Sec. 151 .802. (a) This section applies only:
(I) during the state fiscal years beginning September I of
. 2012.2013.2014.2015. and 2016: and
(2) with respect to unused franchise tax credits described by
Sections 18(e) and CO. Chapter 1 (H.B. 3). Acts of the 79th
Legislature, 3rd Called Session. 2006.
(b) Notwithstanding Section 151.801. the comptroller shall
deposit to the credit of the propertY tax rei ief fund under
Section 403.109. Government Code. an amount of the
proceeds from the collection of the taxes imposed bv this
chapter equal to the amount of revenue the state does not
receive from the tax imposed under Chapter 171 because
taxable entities. as defined by that chapter. that are
corporations are entitled to claim unused franchise tax credits
after December 31. 2012. and during that state fiscal year.
114 I \,\48.3 I0
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.04. The change in law made by this article does SECTION 41.04. Same as House version.
not affect tax liability accruing before the effective date of this
article. That liability continues in effect as if this article had
not been enacted, and the former law is continued in effect for
the collection of taxes due and for civil and criminal
enforcement of the liability for those taxes. [FA 19)
No equivalent provision. SECTION _.05. This article takes effect January I, 2012. SECTION 41.05. Same as House version.
[FAI9]
No equivalent provision. ARTICLE _ CARRYFORWARD OF CERTAIN ARTICLE 42. Same as House version.
FRANCHISE TAX CREDITS [FA 19)
No equivalent provision. SECTION _.01. Sections 18(e) and (t), Chapter I (H.B. 3), SECTION 42.01. Same as House version.
Acts of the 79th Legislature, 3rd Called Session, 2006, are
amended as follows:
(e) A corporation that has any unused credits established
bcfore the effective date of this Act under Subchapter P,
Chapter 171, Tax Code, may claim those unused credits on or
with the tax report for the period in which the credit was
established. However, if the corporation was allowed to carry
forward unused credits under that subchapter, the corporation
may continue to apply those credits on or with each
consecutive report until the earlier of the date the credit would
have expired under the terms of Subchapter P, Chapter 171,
Tax Code, had it continued in existence, or December 31,
2016 [~), and the former law under which the corporation
established the credits is continued in effect for purposes of
determining the amount of the credits the corporation may
claim and the manner in which the corporation may claim the •
credits.
115 11.148.310
•
SECTION 21.02. Amends Section 322.008, Government SECTION .01. Amends Section 322.008, Government No equivalent provision.
Code, by adding Subsection (b- I) as follows: Code, by adding Subsection (b-I) as follows:
(b-I) Requires the general appropriations bill, for each state (b-l) Requires the general appropriations bill to, for each state [The conference commil/ee may have exceeded the limitations
fee the amount of which is proposed or authorized to be agency or other entity for which an appropriation is proposed imposed on its jurisdiction, but only the presiding officer can
increased by a provision of the general appropriations bill, to under the bill: make the final determination on this issue.]
set out in a separate section of the bill: (I) include a line item for each specific program or activity
(I) the statutory authority for the fee; administered by the agency or entity or an organizational unit
(2) the amount of the fee increase; of the agency or entity, organized according to the
(3) each purpose for which the fee revenue is to be used; and organizational structure of the agency, entity, or unit, except
(4) into which fund the fee revenue will be deposited. that if a specific program or activity administered by the
agency, entity, or unit includes identifiable components or
subprograms, the bill must include a line item for each of
those components or subprograms;
(2) speci!)' the amount of the proposed appropriation for each
116 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
SECTION 21.03. Chapter 322, Government Code, is amended No equivalent provision. SECTION 45.03, Same as Senate version.
by adding Section 322.022 as follows:
Sec. 322.022. PUBLIC HEARING ON INTERIM BUDGET
REDUCTION REOUEST. (a) In this section:
(ll "Interim budget reduction request" means a request
communicated in any manner for a state agency to make
adjustments to the strategies. methods of finance. performance
measures. or riders applicable to the agency through the state
budget in effect on the date the request is communicated that.
if implemented. would reduce the agency's total expenditures
for the current state fiscal biennium to an amount less than the
total amount that otherwise would be permissible based on the
appropriations made to the agency in the budget.
(2) "State agency" means an office. department board,
commission, institution, or other entity to which a legislative
appropriation is made.
(b) A state agency shall provide to the board a detailed report
of any expenditure reduction plan that:
(ll the agency develops in response to an interim budget
reduction request made by the governor, the lieutenant
governor, or a member of the legislature. or any combination •
117 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
SECTION 21.04. Subchapter B, Chapter 403, Government No equivalent provision. SECTION 45.04. Same as Senate version except as follows:
Code, is amended by adding Section 403.0145 as follows: Sec. 403.0145. PUBLICATION OF FEES SCHEDULE. As
Sec. 403.0145. PUBLICATION OF FEES SCHEDULE. As soon as practicable after the end of each state fiscal year. the
soon as practicable after the end of each state fiscal year. the comptroller shall publish online a schedule of all revenue to
comptroller shall publish a schedule of all revenue to the state the state from fees authorized by statute. For each fee. the
from fees authorized by statute. For each fee. the schedule schedule must specify:
must specify: (I) the statutoryauthoritvfor the" fee:
(1) die purpose for which the fee revenue is tobe used: (2) if the fee has been increased during the most recent
(2) if the fee has been increased during the most recent legislative session. the amount of the increase:
legislative session. the amount of the increase: (3) into which fund the fee revenue will be deposited: and
(3) into which fund the fee revenue will be deposited: and (4) the amount of the fee revenue that will be considered
(4) the amount of the fee revenue that will be considered available for general governmental purposes and accordingly
available for general governmental purposes and accordingly considered available for the pUroose of certification under
considered available for the purpose of certification under Section 403.121.
Section 403.121.
118 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
119 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
ARTICLE 22. ECONOMIC AND WORKFORCE No equivalent provision. ARTICLE 46. Same as Senate version.
DEVELOPMENT PROGRAMS
SECTION 22.01. Section 481.078, Government Code, is No equivalent provision. SECTION 46.01. Section 481.078, Government Code, is
amended by adding Subsection (m) as follows: amended by adding Subsection (m) as follows:
fm) Notwithstanding Subsections fe) and fe-n. during the fm) Notwithstanding Subsections fe) and fe-\}, during the
state fiscal biennium that begins on September I. 201 I. the state fiscal biennium that begins on September I. 2011. the
governor shall transfer $30.niillion from the fund to the Texas governor shall transfer $10 million from the fund to the Texas
Workforce Commission to fund the Texas Back to Work Workforce Commission to fund the Texas Back to Work
Program established under Chapter 313, Labor Code. and $15 Program established under Chapter 313, Labor Code. The
millio':... from'· the fund to 'the skills development fund governor shall begin transferring money as required by this
established under Sectioid03.003. Labor Code. The governor subsection as soon as possible after September I. 2011. and
shall begin transferring money as required by this subsection may make more than one transfer if necessary to satisfy the
as soon as possible after September I. 2011. and may make requirements of this subsection. This subsectiotiexpires
more than one transfer if necessary to satisfy the requirements September I. 2013:
ofthis subsection.
SECTION 22.02. Section 303.003, Labor Code, is amended No equivalent provision. Same as House version.
by adding Subsection (b-2).
SECTION 22.03. Subtitle B, Title 4, Labor Code, is amended No equivalent provision. SECTION 46.02. Same as Senate version.
by adding Chapter 313, TEXAS BACK TO WORK
PROGRAM.
No equivalent provision. ARTICLE . REDUCING STATE MEDICAID AND Same as Senate version.
OTHER HEALTH CARE COSTS BY PROHIBITING
SMOKING IN CERTAIN PUBLIC PLACES
[FA53,FA54,FA55,FA57]
No equivalent provision. ARTICLE _. SMOKING IN CERTAIN PUBLIC PLACES Same as Senate version.
[FA53,FA54,FA55,FA57]
120 II.l48.3IO
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.01. Section I51.326(a), Tax Code, is amended SECTION 44.01. Same as House version except changes the
to change the period during which the sale of an article of period to a period beginning at 12:01 a.m. on the Friday
clothing or footwear designed to be worn on or about the before the eighth day preceding the earliest date on which any
human body is exempted from the sales tax from a period school district, other than a district operating a year-round
beginning at 12:01 a.m. on the third Friday in August and system, may begin instruction for the school year as
ending at 12 midnight on the following Sunday to a period prescribed by Section 25.081 1(a), Education Code, and ending
beginning at 12:01 a.m. on the first Friday in August and at 12 midnight on the following Sunday.
ending at 12 midnight on the following Sunday. [FA2,3rd)
No equivalent provision. SECTION _.02. Saving provision relating to tax liability SECTION 44.02. Same as House version.
accruing before the effective date of this article. [FA2,3rd)
No equivalent provision. SECTION _.03. This article takes effect immediately if the SECTION 44.03. Same as House version.
Act receives a vote oftwe-thirds of all the members elected to
each house, as provided by Section 39, Article Ill, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect September I,
2011. [FA2;3rd]
No equivalent provision. ARTICLE _. FRANCHISE TAX APPLICABILITY AND ARTICLE 56. Same as House version.
EXCLUSIONS [FA74]
No equivalent provision. SECTION _.Or. Section 171.0001, Tax Code, is amended by SECTION 56.0r. Same as House version.
121 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION .02. Section 171.0002(c), Tax Code, is amended SECTION 56.02. Section 171.0002(c), Tax Code, is amended
as follows: as follows:
(c) "Taxable entity" does not include an entity that is: ... (c) "Taxable entity" does not include an entity that is: ...
man S corpofuiion. asthat"terrnis d&fined by'Section h61; (10) anunincornomied entitY"organized as a: o<ilitical
Internal Reven"ue Code. that is owned entirely by an employee comrriitteeurider the Election Code oithe provisions of the
stock oWnerShip plan. as that term is defined by Section Federal Eleciion Campaign Act of 1971 (2 U.S.CSection43 j
4975(e),lntemal Revenue Code: [FA74] elseg);
No equivalent provision. SECTION _,03. Section 171.1011, Tax Code, is amended by SECTION 56.03. Same as House version.
adding Subsections (g-5) and (g-7) as follows:
(g-5) Requires a taxable entity that is a qualified live event
promotion company to exclude from its total revenue, to the
extent included under Subsection (c)(I)(A), (c)(2)(A), or
(c)(3), a payment made to an artist in connection with the
provision of a live entertainment event or live event
promotion services.
(g-7) Requires a taxable entity that is a qualified courier and
logistics company to exclude from its total revenue, to the
extent included under Subsection (c)(I)(A), (cX2)(A), or
(cX3), subcontracting payments made by the taxable entity to
nonemployee agents for the performance of delivery services
on behalf of the taxable entity. Defines "qualified courier and
logistics company" for purposes of this subsection. [FA74]
No equivalent provision. SECTION _.04. This article applies only to a report SECTION 56.04. Same as House version.
122 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.05. This article takes effect January I, 2012. SECTION 56.05. Same as House version.
[FA74]
No equivalent provision. ARTICLE _. ELIGIBILITY OF SURVIVING SPOUSE OF ARTICLE 47. Same as House version.
DISABLED VETERAN TO PAY AD VALOREM TAXES
ON RESIDENCE HOMESTEAD IN INSTALLMENTS
[FA82]
No equivalent provision. SECTION _.01. Section 31.031, Tax Code, is amended by SECTION 47.01. Same as House version.
amending Subsection (a) and adding Subsection (a-I) as
follows:
(a) This section applies only to:
ill [lfllefeFe tile EleliR~ijeRe~' Elate] an individual who is;
ftJ. disabled or at least 65 years of age; and
ill} [is] qualified for an exemption under Section II.13(c);..Qr
(2) an individual who is:
(A) the unmarried surviving spouse of a disabled veteran: and
(8) qualified for an exemption under Section 11.22.
(a- I) If before the delinquency date an individual to whom
this section applies pays at least one-fourth of a taxing unit'S
ta.xes imposed on property that the person owns and occupies
as a residence homestead, accompanied by notice to the taxing
unit that the person will pay the remaining taxes in
installments, the person may pay the remaining taxes without
penalty or interest in three equal installments. The first
installment must be paid before April I. the second
installment before June I, and the third installment before '.
123 11.148.310
.,
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
August I. [FA82]
No equivalent provision. SECTION _.02. This article applies only to an ad valorem SECTION 47.02. Same as House version.
tax year that begins on or after the effective date of this
article. [FA82]
No equivalent provision. SECTION _.03. This article takes effect January I, 2012. SECTION 47.03. Same as House version.
[FA82]
No equivalent provision. ARTICLE _. TEXAS FISCAL STABILITY COMMISSION Same as Senate version.
No equivalent provision. ARTICLE _ FISCAL MATTERS REGARDING ARTICLE 49. Same as House version.
ASSISTANT PROSECUTORS [FA85]
No equivalent provision. SECTION _.01. Section 41.255(f), Government Code, is SECTION 49.01. Same as House version.
amended as follows:
(f) A county is not required to pay longevity supplements if
the county does not receive funds from the comptroller as
provided by Subsection (d). If sufficient funds are not
available to meet the requests made by counties for funds for
payment of assistant prosecutors qualified for longevity
supplements;
ill [;] the comptroller shall apportion the available funds to
the eligible counties by reducing the amount payable to each
county on an equal percentage basis,
(2) a county is not entitled to receive the balance of the funds
124 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.02. Section 41.255(g), Government Code, is SECTION 49.02. Same as House version.
repealed. [FA85]
No equivalent provision, ARTICLE _. FISCAL MATIERS REGARDING PROCESS ARTICLE 50. Same as House version.
SERVERS [FA8S]
[SEE ABOVE]
No equivalent provision, SECTION .02. Subchapter B, Chapter 72, Government SECTION 50.01. Same as House version.
Code, is amended by adding Sections 72.013 and 72.014 as
follows;
Sec. 72.013. PROCESS SERVER REVIEW BOARD. A
person appointed to the process server review board
established by supreme court order serves without
compensation but is entitled to reimbursement for actual and
necessary expenses incurred in traveling and performing
official board duties.
Sec. 72.014. CERTIFICATION DIVISION. The office shall
establish a certification division to oversee the regulatory
programs assigned to the office by law or by the supreme
court. [FA85]
125 11.148.310
..
Senate BiJl1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION _.03. (a) Sets out applicability of the fees Same as Senate version.
recommended and approved under Section 51.008,
Government Code, as added by this article.
(b) Requires the Office of Court Administration of the Texas
Judicial System to prorate the process server certification fee
so that a person who holds a process server certification on the
effective date of this Act pays only that portion of the fee that
is allocable to the period during which the certification is
valid. On renewal of the certification on the new expiration
date, the entire certification renewal fee is payable. [FA85]
[SEE ABOVE]
No equivalent provision. ARTICLE _ FISCAL MATTERS REGARDING ARTICLE 51. FISCAL MATTERS REGARDING
PAYMENT OF JURORS [FA85,FA86] REIMBURSEMENT OF JURORS
No equivalent provision. SECTION _.0 I. Section 61.00 I, Government Code, is SECTION 51.01. Same as House version.
amended by adding Subsections (a-I) and (a-2) as follows:
(a-I) Notwithstanding Subsection (a). and except as provided
bv Subsection (c), during the state fiscal biennium beginning
September I. 2011. a person who reports for jurv service in
response to the process of a court is entitled to receive as
reimbursement for travel and other expenses an amount:
(1) not less than $6 for the first day or fraction of the first day
the person is in attendance in court in response to the process
and discharges the person's duty for that day: and
(2) not less than the amount provided in the General
Appropriations Act for each day or fraction of each day the
person is in attendance in court in response to the process after
126 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _.02. Section 61.0015, Government Code, is SECTION 5I .02. Same as House version.
amended by adding Subsections (a-I), (a-2), and (e-I) as
follows:
(a- I) Notwithstanding Subsection (a), during the state fiscal
biennium beginning September 1. 2011, the state shall
reimburse a county the appropriate amount as provided in the
General Appropriations Act for the reimbursement paid under
Section 61.00 I to a person who reports for jury service in
response to the process of a court for each day or fraction of
each day after the first day in attendance in court in response
to the process.
(a-2) This subsection and Subsections (a- I) and (e-]) expire
September 1. 2013.
(e- I) Notwithstanding Subsection (e), during the state fiscal
biennium beginning September 1, 20 11. if a payment on a
county's claim for reimbursement is reduced under Subsection
(d), or if a county fails to file the claim for reimbursement in a
timelv manner, the comptroller may, as provided by rule,
apportion the payment of the balance owed the county. The
comptroller's rules may permit a different rate of
reimbursement for each quarterly pavment under Subsection
III [FA85,FA86]
No equivalent provision. ARTICLE _. STATE COSTS FOR ATTORNEYS AD Same as Senate version.
LITEM AND GUARDIANS AD LITEM APPOINTED TO •
127 11.148.310
•
Senate BiI11811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. SECTION _.Amends Subchapter B, Chapter 2155, Same as Senate version.
Government Code, by adding Section 2 I55.0721,
REDUCING STATE AGENCY DOCUMENTATION AND
REPORT COSTS. [FAJ 6,FAI 7]
[Same as House version. See Section 5.01 above.] SECTION _. Amends Section 2155.082, Government Code, [See Section 43.01 above]
PROVIDING CERTAIN PURCHASING SERVICES ON
FEE-FOR-SERVICE BASIS OR THROUGH BENEFIT
FUNDING.
No equivalent provision. SECTION _. Amends Subchapter A, Chapter 382, Health Same as Senate version.
and Safety Code, by adding Section 382.005, PROHIBITION
ON IMPLEMENTATION OF GREENHOUSE GAS
EMISSIONS REGULATORY PROGRAMS. [FA52]
No equivalent provision. SECTION _. Amends Subchapter D, Chapter 301, Labor Same as Senate version.
Code, by adding Section 301.068, EFFICIENCY PILOT
PROGRAM. [FA64]
128 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
(b) This section applies only to the appraisal of land for ad SECTION 58.02. This article applies only to the appraisal of
valorem tax purposes for a tax year that begins on or after the land for ad valorem tax purposes for a tax year that begins on
effective date of this Act. [FA78] or after the effective date of this Act.
No equivalent provision. SECTION _. Amends Section 151.336, Tax Code, Same as Senate version.
CERTAIN COINS AND PRECIOUS METALS.
[FA75,FA76] •
129 11.148.310
•
Senate BiIII8H
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _. Amends Section 17J.1013, Tax Code, by Same as Senate version.
adding Subsection (c-2). [FA89,FA90)
No equivalent provision. SECTION _. Applicability provision relating to Sections Same as Senate version.
171.1012 and 171.1013. [FA89,FA90)
No equivalent provision. SECTION . Amends Section 313.007, Tax Code, Same as Senate version.
EXPIRATION. [FA68,FA69)
No equivalent provision. SECTION _. Section 32J.002, Tax Code, is amended as SECTION 59.01. Same as House version.
follows:
Sec. 321.002. DEFINITIONS. (a) In this chapter:
(I) "Additional municipal sales and use tax" means only the
additional tax authorized by Section 321.101(b).
(2) "Municipality" includes any incorporated city, town, or
village.
(3) "Place of business of the retailer" means an established
outlet, office, or location operated by the retailer or the
retailer's agent or employee for the purpose of receiving
orders for taxable items and includes any location at which
three or more orders are received by the retailer during a
calendar year. A warehouse, storage yard, or manufacturing
plant is not a "place of business of the retailer" unless at least
three orders are received by the retailer during the calendar
year at the warehouse, storage yard, or manufacturing plant.
An outlet, office, facility, or any location that contracts with a
130 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. (b) Words used in this chapter and defined by Chapter 151 No equivalent provision.
have the meanings assigned by Chapter lSI. [FA22,FA23]
No equivalent provision. SECTION _. SEtTION:~ asaddei(by this amendment SECTION 59.02. This article takes effect September 1,2011.
takes effect September 1,2011. [FA22,FA23]
131 11.148.310
•
'.
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. SECTION _. Section I(c), Chapter 286 (H.B. 4765), Acts of SECTION 48.0 I. Same as House version.
the 8Ist Legislature, Regular Session, 2009, is amended as
follows:
(c) This [If tllis seetieR lfIlies e#feel; this] section expires
December 31, 2013 [~]. [FA88)
No equivalent provision. SECTION _. Section 2(b), Chapter 286 (H.B. 4765), Acts of SECTION 48.02. Same as House version.
the 81st Legislature, Regular Session, 2009, is amended as
follows:
(b) This section takes effect January 1, 2014 [21112, if ~.B.
~Ie. 2134, Poets efttle 81st begisJah:IFe, Regl::JIsf SessieR, 2gg9,
8ftteR8S SeetisA 155.Q211, Tan Geee, if) a fR8RRer tkat r8stths
if) 8A iRBrease if) the TaveRNS frem thB 1a?( uAder tl:tat seetieR
ElttriRg thB state f-iseal eieRRiHtTt eegiRRiRg SeJ3temser 1, 2QQ9,
that is attrisytable 18 that ek8Rge, BRei tRat Aet is BRsales aRS
sesames la'l¥'. ]f II.B. ~re. 2154, Aets sf the 81st Legislature,
RegNier SessieR, 2QQ9, dees Ret 8ffi8A8 SeetieR 155.(2) 1, T&:l'i
CeEJe, if) tHat ffiBAR8r BF is Ret 8Heeted Sf 888S Ret 8ee8mB
Jaw, t~i5 seatieR takes agee! JaRttar:,' 1, 2QIQ]. [FA88]
No equivalent provision. SECTION _. Section 3(b), Chapter 286 (H.B. 4765), Acts of SECTION 48.03. Same as House version.
the 81st Legislature, Regular Session, 2009, is amended as
follows:
(b) This section takes effect January 1, 2014 [21112, if !I.R
~le. 21$4, Aets eftke 81st LegislatHFe, Regl:tlaF SessieR, 29g9,
BffleR85 SeetieR 133.9211, Tal( CeEle, iR a fRBRReF tHat resHl15
iR 8ft iRsrease iR tke reveRHe KelH tke tau HAser tHat seatieR
eYriRg tke slate Hseall:JieRRiHFR l:JegiRRiAg SepteMBer 1,2999,
tHat is Mtriht:llaele t8 ~at eR8Rge, 8Ad that Aet is eRaetee BRe
eeeeffies law. If J..I.8. ~le. 2134, Aets eflke 81st LegislatYFe,
RegNIer SessieR, 2999, Elees Ret BHleREI SeatieR 13$.9211, +8U
132 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. SECTION _. This Act takes effect only if S.B. No. 1811, Same as Senate version.
Acts of the 82nd Legislature, Regular Session, 2011, results in
an increase in the revenue collected from state taxes imposed
during the state fiscal biennium beginning September 1,2011,
that is attributable to the changes provided by that Act, and
that Act is enacted and becomes law.lfS.B. No. 1811, Acts of
the 82nd legislature, Regular Session, 2011, does not result in
an increase in the revenue collected from state taxes imposed
or is not enacted or does not become law, this Act has no
effect. [FA88]
No equivalent provision. SECTION _. This Act takes effect immediately if it receives SECTION 48.04. This article takes effect immediately if this
a vote of two-thirds of all the members elected to each house, Act receives a vote of two-thirds of all the members elected to
as provided by Section 39, Article III, Texas Constitution. If each house, as provided by Section 39, Article III, Texas
this Act does not receive the vote necessary for immediate Constitution. If this Act does not receive the vote necessary
effect, this Ad takes effect September I, 20 II. [FASS] for immediate effect, Lhis article takes effect September i,
2011.
ARTICLE 23. EFFECTIVE DATE ARTICLE 15. Same as Senate version. ARTICLE 77.
SECTION 23.01. Except as otherwise provided by this Act, SECTION 15.01. Same as Senate version. SECTION 77.01. Same as Senate version.
this Act takes effect September I, 20 I I.
133 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 61.01. Section 815.402, Government Code, is
amended by adding Subsections (a-I) and (h-I) as follows:
(a-]) Notwithstanding Subsection (a)(1), if the state
contribution to the retirement system is computed using a
percentage less than 6.5 percent for the state fiscal year
beginning September I. 2011. the member's contribution is
not required to be computed using a percentage equal to the
percentage used to compute the state contribution for that
biennium. This subsection expires September I. 2012.
(h-I) Notwithstanding Subsection (h), if the state contribution
to the law enforcement and custodial officer supplemental
retirement fund is computed using a percentage less than 0.5
percent for the state fiscal year beginning September I, 2011,
the member's contribution is not required to be computed
using a percentage equal to the percentage used to compute
the state contribution for that biennium. This subsection
expires September I. 2012.
No equivalent provision. No equivalent provision. SECTION 62.01. Section 411.01 II (a), Government Code, is
amended as follows:
(a) Not later than June I of every fifth [eeeft] year, the
department shall provide to the comptroller, for the purpose of
assisting the comptroller in the identification of persons
entitled to unclaimed property reported to the comptroller, the
name, address, social security number, date of birth, and
driver's license or state identification number of each person
134 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 62.02. Section 811.010(a), Government Code, as
added by Chapter 232 (S.B. 1589), Acts of the 81st
Legislature, Regular Session, 2009, is amended as follows:
(a) Not later than June I of every fifth [eaeIt] year, the
retirement system shall provide to the comptroller, for the
purpose of assisting the comptroller in the identification of
persons entitled to unclaimed property reported to the
comptroller, the name, address, social security number, and
date of birth of each member, retiree, and beneficiary from the
retirement system's records.
No equivalent provision. No equivalent provision. SECTION 62.03. Section 821.0 IO(a), Government Code, is
amended as follows:
(a) Not later than June I of every fifth [eaeIt) year, the
retirement system shall provide to the comptroller, for the
purpose of assisting the comptroJier in the identitication of
persons entitled to unclaimed property reported to the
comptroller, the name, address, social security number, and
date of birth of each member, retiree, and beneficiary from the
retirement system's records.
No equivalent provision. No equivalent provision. SECTION 62.04. Section 301.086(a), Labor Code, is
amended as follows:
(a) Not later than June 1 of every fifth [eaeIt] year, the
commission shall provide to the comptroller, for the purpose
of assisting the comptroller in the identification of persons
entitled to unclaimed property reported to the comptroller, the
name, address, social security number, and date of birth of
each person about whom the commission has such
information in its records.
135 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. No equivalent provision. SECTION 63.01. Subsection (a), Section J 1.253, Tax Code, is
amended by amending Subdivision (2) and adding
Subdivisions (5) and (6) as follows:
(2) "Goods-in-transit" means tangible personal property that:
(A) is acquired in or imported into this state to be forwarded
to another location in this state or outside this state;
(B) is stored under a contract of bailment by a public
warehouse operator [delaiReEl] at one or more public
warehouse facilities [aleeetieR] in this state that are not in any
way owned or controlled by [iR ....'fiiek] the owner of the
personal property [Bees Ret ha,'e a elireet SF iAsiFeet
8'NRersJ:iiJ:l iRterest] for the account of [asseJH:sliRg, steFiAg,
maRHfaetHfiRg, IlfeeessiAg, SF -FaerieatiRg fJHFfJ8ses hy] the
person who acquired or imported the property;
(C) is transported to another location in this state or outside
this state not later than 175 days after the date the person
acquired the property in or imported the property into this
state; and
136 11.148.310
Senate BiIl1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 63.02. Section 11.253, Tax Code, is amended by
amending Subsections (e) and (h) and adding Subsections G-
I) and G-2) as follows:
(e) In determining the market value of goods-in-transit that in
the preceding year were [essemeleel,) stored[, meRlifaetliFeel,
j3FOeCSSc3, Sf fft13fiealt!d] ill this state, the chief appraiser shaH
exclude the cost of equipment, machinery, or materials that
entered into and became component parts of the goods-in-
transit but were not themselves goods-in-transit or that were
not transported to another location in this state or outside this
state before the expiration of 175 days after the date they were
brought into this state by the property owner or acquired by
the property owner in this state. For component parts held in
bulk, the chief appraiser may use the average length of time a
component part was held by the owner of the component parts
during the preceding year at a location in this state that was
not owned by or under the control of the owner of the
component parts in determining whether the component parts
were transported to another location in this state or outside
this state before the expiration of 175 days.
137 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
138 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 63.03. Subdivision (2), Subsection (a), Section
11.253, Tax Code, as amended by this article, applies only to
an ad valorem tax year that begins on or after January I, 2012.
No equivalent provision. No equivalent provision. SECTION 63.04. (a) Except as provided by Subsection (b) of
this section, this article takes etTect january 1,2012.
(b) Section 63.02 of this article of this Act takes effect
September I, 20 I I.
No equivalent provision. No equivalent provision. SECTION 64.01. Subsection (h), Section 28.053, Education
Code, is amended as follows:
(h) The commissioner may enter into agreements with the
college board and the International Baccalaureate
139 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 65.01. Subsection (c), Section 54.214, Education
Code, is amended as follows:
(c) To be eligible for an exemption under this section, a
person must: ...
(5) be enrolled at the institution of higher education granting
the exemption in courses required for teacher certification in
one or more subject areas determined by the Texas Education
Agency to be experiencing a critical shortage of teachers at
the public schools in this state [al Ihe ieslilYlise sf higher
eeitoleatieFl gFaAtiAg tHe eJiemj3tisR];
(6) maintain an acceptable grade point average as determined
by coordinating board rule; and
(7) comply with any other requirements adopted by the
coordinating board under this section.
140 11.148.310
Senate BiJl1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 65.02. The change in law made by this article
applies beginning with tuition and fees charged for the 2011
fall semester. Tuition and fees charged for a term or semester
before the 2011 fall semester are covered by the law in effect
during the term or semester for which the tuition and fees are
charged, and the former law is continued in effect for that
purpose.
No equivalent provision. No equivalent provision. ARTICLE 66. FISCAL MATIERS CONCERNING DUAL
HIGH SCHOOL AND JUNIOR COLLEGE CREDIT.
No equivalent provision. No equivalent provision. SECTION 66.01. Subsection (c), Section 130.008, Education
Code, is amended as follows:
(c) The contact hours attributable to the enrollment of a high
school student in a course offered for joint high school and
junior college credit under this section. excluding a course for
which the student attending high school may receive course
credit toward the physical education curriculum requirement
under Section 28.002fa)(2)(C). shall be included in the contact
hours used to determine the junior college's proportionate
share ofthe state money appropriated and distributed to public
junior colleges under Sections 130.003 and 130.0031, even if
the junior college waives all or part of the tuition or fees for
the student under Subsection (b).
No equivalent provision. No equivalent provision. SECTION 66.02. This article applies beginning with funding
for the 20 II fall semester.
141 11.148.310
Senate Bill 1811
Conference Committee Report
Seclion-by-Seclion Analysis
No equivalent provision. No equivalent provision. SECTION 67.01. Section 171.0001(12), Tax Code, is
amended as follows:
(12) "Retail trade" means~
fA} the activities described in Division G of the 1987
Standard Industrial Classification Manual published by the
federal Office of Management and Budget: and
(8) apparel rental activities classified as Industry 5999 or
7299 of the 1987 Standard Industrial Classification Manual
published by the federal Office of Management and Budget.
No equivalent provision. No equivalent provision. SECTION 67.02. This article applies only to a report
originally due on or after the effective date ofthis Act.
No equivalent provision. No equivalent provision. SECTION 67.03. This article takes effect Janu3l)' 1,2012.
142 11.148.310
Senate BiI11811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 69.01. Section 42,2516, Education Code, is
amended by adding Subsection (b-2) as follows:
(b-2) If a school district adopts a maintenance and operations
tax rate that is below the rate equal to the product of the state
compression percentage multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax
year, the commissioner shall reduce the district's entitlement
143 11.148.310
•
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. ARTICLE 70. TEXAS GUARANTEED STUDENT LOAN
CORPORATION; BOARD OF DIRECTORS
No equivalent provision. No equivalent provision. SECTION 70.01. Sections 57.13(a) and (b), Education Code,
are amended as follows:
(a) The corporation is governed by a board of nine [-1+]
directors in accordance with this section.
(b) The governor, with the advice and consent of the senate,
shall appoint the [oW] membersof[te] the board as follows:
(I) four [fi¥e] members who must have knowledge of or
experience in finance, including management of funds or
business operations;
(2) one member who must be a student enrolled at a
postsecondary educational institution for the number of credit
hours required by the institution to be classified as a full-time
student of the institution; and
(3) four members who must be members the faculty or
administration of J! [eA eligiBle] postsecondary educational
institution that is an eligible institution for purposes of the
Higher Education Act of 1965. as amended[, lIS deAAed B)'
SeetieR §7.46).
144 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 70.03. Section 57.13(d), Education Code, is
repealed.
No equivalent provision. No equivalent provision. ARTICLE 71. DRIVER'S LICENSES AND PERSONAL
IDENTIFICATION CERTIFICATES
No equivalent provision. No equivalent provision. SECTION 71.01. Subchapter A, Chapter 521, Transportation
Code, is amended by adding Section 521.007 as follows:
Sec. 52\.007. SECURITY, VALIDITY AND EFFICIENCY
STUDY. (a) Notwithstanding any other law, the commission
shall study procedures and requirements necessarv or
advisable to ensure the security. validity and efficiency of
driver's licenses and personal identification certificates issued
under this chapter. The study must include an analysis of
potential cost savings. revenue issues, and other fiscal matters
related to the issuance of the license and certificates. The
commission shall adopt rules to implement any procedures or
requirements the commission finds are necessary or advisable.
(b) Notwithstanding any other law. the commission by rule
145 11.148.310
•
Senate Bi1I1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. No equivalent provision. SECTION 71.02. The legislature declares that the Department
of Public Safety had the statutory authority to adopt the rules
regarding driver's licenses and personal identification
certificates that are in effect on the effective date of this article
and that the rules are valid.
No equivalent provision. No equivalent provision. SECTION 71.03. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article 111, Texas
Constitution. If this Act does not receive the vote necessary
for this article to have immediate effect, this article takes
effect September I, 20 II.
No equivalent provision. No equivalent provision. ARTICLE 72. FISCAL MATTERS CONCERNING LEASES
OF PUBLIC LAND FOR MINERAL DEVELOPMENT
No equivalent provision. No equivalent provision. SECTION 72.01. Sections 85.66(a) and (c), Education Code,
are amended as follows:
(a) If oil or other minerals are developed on any of the lands
leased by the board, the royalty or money as stipulated in the
sale shall be paid to the general land office at Austin On or
before the last day of each month for the preceding month
during the life of the rights purchased, and shall be set aside
[iR tke stale tFeft5l1FY] as specified in Section 85.70 [ef-tIlis
eeEIe]. The royalty or money paid to the general land office
shall be accompanied by the sworn statement of the owner,
146 II.l48.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 72,02. Section 85.69, Education Code, is amended
as follows:
Sec. 85.69. PAYMENTS; DISPOSITION. Payments under
this subchapter shall be made to the commissioner of the
general land office at Austin, who shall transmit to the board
[eefR)3tfellef] all royalties, lease fees, rentals for delay in
drilling or mining, and all other payments, including all filing
assignments and relinquishment fees, to be deposited [ift...Hle
slele IfeaSIlI)'] as provided by Section 85.70 [enAis eese].
No equivalent provision. No equivalent provision. SECTION 72.03. Section 85.70, Education Code, is amended
as follows:
Sec. 85.70. CERTAIN MINERAL LEASES; DISPOSITION
OF MONEY; SPECIAL FUNDS; INVESTMENT. (a) Except
as provided by Subsection (c) [ef IAis seelieR], all money •
147 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
148 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
lJy the legisIatHFe eJ(eltisi"el~' fer tJ:\e l::lRiversity ~!steFN fer dte
fJH~eses J~eFeiA f)FevieleEl].
(c) The board shall lease for oil, gas, sulphur, or other mineral
development, as prescribed by this subchapter, all or part of
the land under the exclusive control of the board owned by the
State of Texas and acquired for the use of Texas A&M
University--Kingsville and its divisions. Any money received
by the board concerning such land under this subchapter shall
be deposited in [tllB SlatB tFBlt5l1F)' tB tllB eFBait et] a special
fund managed by the board to be known as the Texas A&M
University--Kingsville special mineral fund. Money in the
fund is considered to be institutional funds, as defined by
Section 51.009, of the universitv and is[;] to be used
exclusively for the universitv [Te,,&s A&M URivBFSil':l'
KiRgs',.jlle] and its branches and divisions. [MeRe)' ffi&:/' Ret
Be el£fleRseei fi:sm this FYflB BJieept 8S 8l:l1Asrirzeei ey lRe
geRer:al 8f3f3F8J3fiatieRS Bet.]
(d) All deposits in and investments of the fund under this
section shall be made in accordance with Section 51.003 i.
(e) Section 34.017. Natural Resources Code. does not apply to
funds created bv this section.
No equivalent provision. No equivalent provision. SECTION 72.04. Section 95.36(b), Education Code, is
amended as follows:
(b) Except as provided in Subsection (c) of this section, any
money received by virtue of this section and the income from
the investment of such money shall be deposited in [tilB StatB
TFeaslIF)' te tllB BrBa;t et] a special fund managed by the board
to be known as the Texas State University System special
mineral fund. Money in the fund is considered to be
institutional funds, as defined by Section 51.009. of the
system lind its component institutions and ish] to be used
exclusively for those entities. All deposits in and investments
149 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 72.05. Section 109.61 (b), Education Code, is
amended as follows:
(b) Any money received by virtue of this section shalt be
deposited in [tile state treas",~' te the eresit et] a special fund
managed by the board to be known as the Texas Tech
University special mineral fund. Money in the fund is
considered to be institutional funds. as defined by Section
51.009. of the university and is[;] to be used exclusively for
the university and its branches and divisions. All deposits in
and investments of the fund shall be made in accordance with
Section 51.0031. Section 34.017, Natural Resources Code,
does not apply to the fund. [l-IeW8\<8f, Ae ffieRe~t shall ever he
eUfJ8ReleEl Half! tRis fYfUI 8HeefJt as 81:1t"R8rizeel 9)' the general
allllrellriatieRs aet.]
No equivalent provision. No equivalent provision. SECTION 72.06. Sections 109.75(a) and (c), Education Code,
are amended as follows:
(a) If oil or other minerals are developed on any of the lands
leased by the board, the royalty as stipulated in the sale shall
be paid to the general land office in Austin on or before the
last day of each month for the preceding month during the life
of the rights purchased. The royalty payments shall be set
aside [iR the state treBS"'')'] as specified in Section 109.61 ref
this eese] and used as provided in that section.
(c) The commissioner of the general land office shall tender to
the board on or before the 10th day of each month a report of
all receipts that are collected from the lease or sale of oil, gas,
150 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 72.07. Section 109.78(b), Education Code, is
amended as follows:
(b) Payment of all royalties, lease fees, rentals for delay in
drilling or mining, filing fees for assignments and
relinquishments, and all other payments shall be made to the
commissioner of the general land office at Austin. The
commissioner shall transmit all payments received to the
board [eefA)llreller) for deposit to the credit ofthe Texas Tech
University special mineral fund as provided by Section
109.61.
No equivalent provision. No equivalent provision. SECTION 72.08. Section 85.72, Education Code, is repealed.
No equivalent provision. No equivalent provision. SECTION 72.09. This article takes effect September 1,2011.
No equivalent provision. No equivalent provision. SECTION 73.01. (a) This section applies only to a school
district that, before May 1,2011, received from the
commissioner of education a notice of a reduction in state
funding for the 2004-2005,2005-2006,2006-2007,2007-
2008, and 2008-2009 school years based on the district's
'.
lSI 11.148.310
•
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. ARTICLE 74. CRIMINAL BACKGROUND CHECKS FOR
CERTAIN INTERSCHOLASTIC SPORTS OFFICIALS
152 J 1.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. ARTICLE 75. FISCAL MATIERS RELATED TO PUBLIC
SCHOOL FINANCE
No equivalent provision. No equivalent provision. SECTION 75.01. Effective September I, 2011, Section
12.106, Education Code, is amended by amending Subsection
(a) and adding Subsection (a-3) as follows:
(a) A charter holder is entitled to receive for the open-
enrollment charter school funding under Chapter 42 equal to
the greater of:
(1) the percentage specified by Section 42.25 J6(j) multiplied
153 11.148.310
•
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
No equivalent provision. No equivalent provision. SECTION 75.02. Effective September I, 2017, Subsection
(a), Section 12. I06, Education Code, is amended as follows:
(a) A charter holder is entitled to receive for the open-
enrollment charter school funding under Chapter 42 equal to
[the greater of:
[(1) tAe 8fft8HRt sf ftlReliRg flef styes"! in weighted 8VeFage
Elaily a~eREIaRee, el(ehu:liRg eRFieRffieRt fitReliAg \::IRSer
SeatieRS 42.3Q2(a 1)(2) aRe (3), as tRey e:dsteel en J8RHe,,· 1,
2QQ9, tHat waHle Rave heaR Fassives feF d~e sekee] ehiFiRg the
29992919 seheel yaM HRser Chapter 42 85 it eniSles 8R
lsRH8f)' 1,2999, aRa 8n aeaitieRal 8fflBHRt sf $129 fer €laek
stiteleR! in weigl:tteEl 8V8Fage daily et:teREIaRee; SF
154 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 75.03. Effective September I, 201 I, Section
21.402, Education Code, is amended by amending
Subsections (a), (b), (c), and (c-I) and adding Subsection (i)
as follows:
(a) Except as provided by Subsection (d)[~) or (t), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly
salary, based on the employee's level of experience in addition
to other factors, as determined by commissioner rule,
determined by the following formula:
MS=SFx FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by Subsection
(c); and
"FS" is the amount, as determined by the commissioner under
Subsection (b), of the basic allotment as provided by Section
42.101 (a) or (b) for a school district with a maintenance and
operations tax rate at least equal to the state maximum
compressed tax rate, as defined by Section 42.101 (a) [5!lHe
eRa laeel {HRSS per '",sigkted ShuleRt, inelHsing fYR8S
pr8viaee HRtler Seetien 42.2319, avaiJel:Jle fa a eliswiet eligiele
fa reeeive state 85sisHlAee HRser SeetieR 42.3g~ witl:t 8
ffiainteRftnee BRB 8peF8tisflS ta:'l fate flap $lQQ eftftH8ele '1'811:18 .' •.
155 11.148.310
.,
Senate BiJl1811
Conference Committee Report
Section.by·Section Analysis .
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
8EJYBI t8 the fJre«:ltJet sf tke state eSFAfJf8SsisA )38reeAtage 8S
7
Years Experience o 2 3 4
Years Experience s 6 7 8 9
Salary FaClor .§.lU [~J M@[.'14+4J &122 [~l 7008 (~]..lli.1 [=J
Years EXperience 10 II 12 13 14
Years Experience IS 16 17 18 19
156 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
Q 2,732
1 2,791
I 2,849
1 2,908
1 3,032
~ 3,156
§ 3,280
1 3.395
! 3,504
.2 3,607
lQ 3,704
11 3,796
II 3,884
II 3,965
H 4,043
li.. 4,116
12 4,186
157 11.148.310
..
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
11 4,251
~ 4.313
li 4.372
20& Over 4,427
[(1) $89; 8F
[(2) the ffi8UifRHRl
HHifeFffi 8ffiBI::iRt dUN, 'vReR eeRiBiRee with
aAy resHltiAg iRGresses if! ~e affleNRt sf eSRwietttieRS fRaEle
e~r the tiistriet fer saeia] sesuR!?' ee t/8r8ge fer the speeifieEl
eRlflleyees BF B)' tke Elistriet eA aehalf sf the sJ:1eeitieEl
8FApleyees HRser SeeliG" 825.4QS, GeV8FRIH8Rt Ceee, ffia~,. Be
fJr8vieleEi l:Isifig aR 8FRBHRt BetHel 1a tAe flF8ehiet sf S,g
lTlultiplied 13)' ike RIiRlSer sf stt:lSeRts in weigliteel average
sail)' MteRsaRee iR tAB seheel sHring the 2QQ9 2Q I Q seReel
~l
(il Not later than January I. 2013, the commissioner shall
submit to the governor, the lieutenant governor, the speaker of
the house of representatives, and the presiding officer of each
legislative standing committee with primary jurisdiction over
primary and secondaD' education a written report that
evaluates and provides recommendations regarding the salary
schedule. This subsection expires September I. 2013.
No equivalent provision. No equivalent provision. SECTION 75.04. Effective September I, 2017, Section
21.402, Education Code, is amended by amending Subsection
(a) and adding Subsection (e-I) as follows:
(a) Except as provided by Subsection (d). ~ (Wl, or (t), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly
salary, based on the employee's level of experience in addition
to other factors, as determined by commissioner rule,
determined by the following formula:
158 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 75.05. Subsection (a), Section 41.002, Education
Code, is' amended as follows:
(a) A school district may not have a wealth per student that
exceeds:
(I) the wealth per student that generates the amount of
maintenance and operations tax revenue per weighted student
available to a district with maintenance and operations tax .•
159 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. No equivalent provision. SECTION 75.06. The heading to Section 42.101, Education
Code, is amended to read as follows:
Sec.42.101. BASIC AND REGULAR PROGRAM
ALLOTMENTS [ALLOTM~ITl.
No equivalent provision. No equivalent provision. SECTION 75.07. Section 42.101, Education Code, is
amended by amending Subsections (a) and (b) and adding
Subsections (c) and (c-l) as follows:
160 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
161 11.148.310
Senate Bi1l1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
DrOlmlmS, for which an additional allotment is made under
Subchapter C:
"AA" is the district's adjusted basic allotment, as determined
under Section 42.102 and. if applicable, as further adjusted
under Section 42.1 03: and
"RPAF" is the regular prolmlm adjustment factor, which is an
amount established by appropriation.
ec- J) Notwithstanding Subsection ecl. the regular program
adjustment factor e"RPAF") is 0.9239 for the 2011-2012
school year and 0,98 for the 201 2-201 3 school year. This
subsection expires September 1,2013.
No equivalent provision. No equivalent provision. SECTION 75.08. Section 42.105, Education Code, is
amended as follows:
Sec. 42.105. SPARSITY ADJUSTMENT. Notwithstanding
Sections 42.101, 42.102, and 42.103, a school district that has
fewer than 130 students in average daily attendance shall be
provided a regular prolmlm [aR ae!jasteel basi) allotment on
the basis of 130 students in average daily attendance if it
offers a kindergarten through grade 12 program and has
preceding or current year's average daily attendance of at least
90 students or is 30 miles or more by bus route from the
nearest high school district. A district offering a kindergarten
through grade 8 program whose preceding or current year's
average daily attendance was at least 50 students or which is
30 miles or more by bus route from the nearest high school
district shall be provided a regular program [aR aeljasteel basie)
allotment on the basis of 75 students in average daily
attendance. An average daily attendance of 60 students shall
be the basis of providing the regular program [aeljasleeillasie)
allotment if a district offers a kindergarten through grade 6
program and has preceding or current year's average daily
attendance of at least 40 students or is 30 miles or more by
162 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 75.09. Subsection (a), Section 42.25 I, Education
Code, is amended as follows:
(a) The sum of the regular program [b&sie] allotment under
Subchapter B and the special allotments under Subchapter C,
computed in accordance with this chapter, constitute the tier
one allotments. The sum of the tier one allotments and the
guaranteed yield allotments under Subchapter F, computed in
accordance with this chapter, constitute the total cost of the
Foundation School Program.
No equivalent provision. No equivalent provision. SECTION 75.10. Subchapter E, Chapter 42, Education Code,
is amended by adding Section 42.2514 as follows:
Sec.42.2514. ADDITIONAL STATE AID FOR TAX
INCREMENT FINANCING PAYMENTS. For each school
year, a school district. including a school district that is
otherwise ineligible for state aid under this chapter. is entitled
to state aid in an amount equal to the amount the district is
required to pav into the tax increment fund for a reinvestment
zone under Section 31 1.013(n). Tax Code.
No equivalent provision. No equivalent provision. SECTION 75.11. Effective September I, 201 I, Section
42.2516, Education Code, is amended by amending
Subsections (a), (b), (d), and (f.2) and adding Subsection (i) as
follows:
(a) In this title [seetieR], "state compression percentage"
means the percentage[, as eleteRHiRe~ ey tHe eeFRFflissisReF,]
of a school district's adopted maintenance and operations tax
rate for the 2005 tax year that serves as the basis for state
funding [far t~( Fate reSystieR I:lReer tJ:iis seetieR]. If the state
compression percentage is not established by appropriation for
a school vear. the [+Ile] commissioner shall determine the '.
163 11.148.310
~,
164 11.J48.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
165 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 75.12. Effective September 1,2017, the heading to
Section 42.2516, Education Code, is amended as follows:
Sec.42.2516. STATE COMPRESSION PERCENTAGE
[ADQITlmlAL STATe AID fOR TAX ReDUCTlml].
No equivalent provision. No equivalent provision. SECTION 75.13. Effective September I, 2017, Subsection
(a), Section 42.2516, Education Code, is amended as follows:
(a) In this title [5eeli8R], "state compression percentage"
means the percentage[, as EleteAflifleEl sy tke eeffimissieReF,]
of a school district's adopted maintenance and operations tax
rate for the 2005 tax year that serves as the basis for state
funding [fer tau fate feet:letieR HRser this seetieA]. lfthe state
compression percentage is not established by appropriation for
a school year. the [+ile] commissioner shall determine the
state compression percentage for each school year based on
the percentage by which a district is able to reduce the
district's maintenance and operations tax rate for that year, as
compared to the district's adopted maintenance and operations
tax rate for the 2005 tax year, as a result of state funds
appropriated for [sistFillHli8R HRser IRis seeli8R fer] that year
from the property tax relief fund established under Section
403.109, Government Code, or from another funding source
available for school district property tax relief.
No equivalent provision. No equivalent provision. SECTION 75.14. Effective September I, 2011, Subsection
(a), Section 42.25161, Education Code, is amended as
follows:
(a) The commissioner shall provide South Texas Independent
School District with the amount of state aid necessary to
ensure that the district receives an amount of state and local
revenue per student in weighted average daily attendance that
is at least the percentage specified by Section 42.2516(;) of
$120 greater than the amount the district would have received
166 11.148.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 75.15. Subchapter E, Chapter 42, Education Code,
is amended by adding Section 42.2525 as follows:
Sec. 42.2525. ADJUSTMENTS FOR CERTAIN
DEPARTMENT OF DEFENSE DlSTRICTS. The
commissioner is granted the authority to ensure that
Deoartment of Defense school districts do not receive more
than an eight percent reduction should the federal government
reduce appropriations to those schools.
No equivalent provision. No equivalent provision. SECTION 75.16. Effective September I, 2011, Subsections
(h) and (i), Section 42.253, Education Code, are amended as
follows:
(h) If the amount appropriated for the Foundation School
Program for the second year of a state fiscal biennium is less
than the amount to which school districts are entitled for that
year, the commissioner shall certify the amount of the
difference to the Legislative Budget Board not later than
January I of the second year of the state fiscal biennium. The
Legislative Budget Board shall propose to the legislature that
the certified amount be transferred to the foundation school
fund from the economic stabilization fund and appropriated
for the purpose of increases in allocations under this
subsection. If the legislature fails during the regular session to
enact the proposed transfer and appropriation and there are not
funds available under Subsection 0), the commissioner shall
167 11.I48.310
,
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
'.
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
adjust [reffiIee] the total amounts due to each school district
under this chapter and the total amounts necessary for each
school district to comply with the requirements of Chapter 4 t
[aRlSHAt sf slate fHAas allseatea ts eaeil aistriet] by an amount
determined by applying to each district. including a district
receiving funds under Section 42.2516. the same percentage
adjustment so that the total amount of the adjustment to all
districts [8 Hletl:l8e HABer WHisk tJ:te 8fJfJlieatisA sf tHe saffle
"limBer sf seRts sf iRerease iR t8if Fffie iR all elistriets 8f)fJliea
fa tJ:te t9-1£81318 ,'allie sf J:JfefJeF~Y sf aaek elistfiet, as eete~iAeEl
HRser S1:isshaftter Pit, Cl:t8flter 4QJ, Ce'leFRfReRt Ceee,] results
in an amount [a telal le\'y] equal to the total adjustment
necessary. A school district is not entitled to reimbursement
in a subsequent fiscal year of the amount resulting from the
adjustment authorized by this subsection [reaHelieA. Tile
fellewiAg assaI year, a elistriet's BRtitlemeRt HRser .Ris seetieR
is iR8reasea ~. an 8ffi8tlRt BEtHel fa tkB reSYetieR fRees t:lASer
£.Ris sl:lBseetisa].
(i) Not later than March 1 each year, the commissioner shall
determine the actual amount of state funds to which each
school district is entitled under the allocation formulas in this
chapter for the current school year, as adjusted in accordance
with Subsection (h). if applicable. and shall compare that
amount with the amount of the warrants issued to each district
for that year. If the amount of the warrants differs from the
amount to which a district is entitled because of variations in
the district's tax rate, student enrollment, or taxable value of
property, the commissioner shall adjust the district's
entitlement for the next fiscal year accordingly.
No equivalent provision. No equivalent provision. SECTION 75.17. Effective September 1, 2017, Subsection
(h), Section 42.253, Education Code, is amended as follows:
(h) If the amount appropriated for the Foundation School
168 1J.148.31 0
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 75.18. Section 42.258, Education Code, is
amended by amending Subsection (a) and adding Subsection
(a-I) as follows: t'
169 11.148.310
~!
No equivalent provision. No equivalent provision. SECTION 75.19. Subsection (b), Section 42.260, Education
Code, is amended as follows:
(b) For each year, the commissioner shall certify to each
school district or participating charter school the amount ofT:
[fBl additional funds to which the district or school is
entitled due to the increase made by H.B. No. 3343, Acts of
the 77th Legislature, Regular Session, 200 I, to:
ill [~l the equalized wealth level under Section 4 I.002; or
ill [tB11 the guaranteed level of state and local funds per
weighted student per cent of tax effort under Section 42.302 t
ef
[(2) aElelitieRal stsa aiel te ',..JiieR tHe distfiet SF seReet is
eatitleElHReler SeetieA 42.2$13].
No equivalent provision. No equivalent provision. SECTION 75.20. Section 44.004, Education Code, is
amended by adding Subsection (g-I) as follows:
(g-I) If the rate calculated under Subsection (c)(5)(A)(iilCb)
decreases after the publication of the notice required by this
section. the president is not required to publish another notice
or call another meeting to discuss and adopt the budget and
170 11.148.3 10
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 75.21. Subsection (a), Section 26.05, Tax Code, is
amended as follows:
(a) The governing body of each taxing unit, before the later of
September 30 or the 60th day after the date the certified
appraisal roll is received by the ta.xing unit, shall adopt a tax
rate for the current tax year and shall notify the assessor for
the unit of the rate adopted. The tax rate consists of two
components, each of which must be approved separately. The
components are:
(I) for a taxing unit other than a school district, the rate that,
if applied to the total taxable value, will impose the total
amount published under Section 26.04(e)(3)(C), less any
amount of additional sales and use tax revenue that will be
used to pay debt service, or, for a school district, the rate
calculated [~~Blishea] under Section 44.004(c)(5)(A)(ii)(b),
Education Code; and
(2) the rate that, if applied to ihe toiai taxabie vaiue, wiil
impose the amount of taxes needed to fund maintenance and
operation expenditures of the unit for the next year.
No equivalent provision. No equivalent provision. SECTION 75.22. Effective September I, 2017, Subsection
(i), Section 26.08, Tax Code, is amended as follows:
(i) For purposes of this section, the effective maintenance and
operations tax rate of a school district is the tax rate that,
applied to the current total value for the district, would impose
taxes in an amount that, when added to state funds that would
be distributed to the district under Chapter 42, Education
Code, for the school year beginning in the current tax year
using that tax rate, [iRel~aiRg state flIRaS that will lle
ElistFitnlteei fa tHe elistFiat in lRBt sekee) )'eaF HAser Seetien
42.2$ 16, ea~eatieR beae,] would provide the same amount of
171 I J.I48.310
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
"
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. No equivalent provision. SECTION 75.23. Subsection (n), Section 311.013, Tax Code,
is amended as follows:
(n) This subsection applies only to a school district whose
taxable value computed under Section 403.302(d),
Government Code, is reduced in accordance with Subdivision
(4) of that subsection. In addition to the amount otherwise
required to be paid into the tax increment fund, the district
shall pay into the fund an amount equal to the amount by
which the amount of taxes the district would have been
required to pay into the fund in the current year if the district
levied taxes at the rate the district levied in 2005 exceeds the
amount the district is otherwise required to pay into the fund
in the year of the reduction. This additional amount may not
exceed the amount the school district receives in state aid for
the current tax year under Section 42.2514. Education Code.
The school district shall pay the additional amount after the
district receives the state aid to which the district is entitled
for the current tax year under Section 42.2514. Education
Code.
No equivalent provision. No equivalent provision. SECTION 75.24. Effective September 1,201 I, the following
provisions of the Education Code are repealed:
(I) Subsections (c-2), (c-3), and (e), Section 21.402;
(2) Section 42.008; and
172 11.148.310
Senate BiII1811
Conference Committee Report
Section-by-Section Analysis
No equivalent provision. No equivalent provision. SECTION 75.25. (a) Effective September I, 2017, the
following provisions of the Education Code are repealed:
(1) Section 41.0041;
(2) Subsections (b), (b-1), (b-2), (c), (d), (e), (t), (f-l), (f-2),
(f-3), and (i), Section 42.2516;
(3) Section 42.25161;
(4) Subsection (c), Section 42.2523;
(5) Subsection (g), Section 42.2524;
(6) Subsection (c-l), Section 42.253; and
(7) Section 42.261.
(b) Effective September I, 2017, Subsections (i-I) and (j),
Section 26.08, Tax Code, are repealed.
No equivalent provision. No equivalent provision. SECTION 75.26. (a) The speaker of the house of
representatives and the lieutenant governor shall establish a
joint legislative interim committee to conduct a
comprehensive study of the public school finance system in
this state.
(b) Not later than January 15, 2013, the committee shall make
recommendations to the 83rd Legislature regarding changes to
the public school finance system.
(c) The committee is dissolved September 1,2013.
No equivalent provision. No equivalent provision. SECTION 75.27. It is the intent of the legislature, between
fiscal year 2014 and fiscal year 2018, to continue to reduce the
amount of Additional State Aid For Tax Reduction (ASATR)
to which a school district is entitled under Section 42.2516,
Education Code, and to increase the basic allotment to which
a school district is entitled under Section 42.101, Education
Code.
173 11.148.310
(J
Senate Bill 1811
Conference Committee Report
Section-by-Section Analysis
•
SENATE VERSION HOUSE VERSION (IE) CONFERENCE
No equivalent provision. No equivalent provision. SECTION 75.28. Except as otherwise provided by this Act,
the changes in law made by this Act to Chapter 42, Education
Code, apply beginning with the 2011-2012 school year.
No equivalent provision. No equivalent provision. SECTION 75.29. The change in law made by Subsection (g-
I), Section 44.004, Education Code, as added by this Act,
applies beginning with adoption of a tax rate for the 2011 tax
year.
174 I I.148.310
\1.
IN RE: SBI811 by Duncan (Relating to certain state fiscal matters; providing penalties. ),
Conference Committee Report
Estimated Two-year Net Impact to General Revenue Related Funds for SB1811, Conference Committee
Report: a positive impact of $7,696,187,978 through the biennium ending August 31, 2013.
The bill would also result in a $141,680,500 loss to the Propert)' Tax Relief Fund 304 for the biennium
ending August 31, 2013. Therefore the bill would have a net positive impact of $7,554,507,478 to
General Revenue funds for the biennium.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to
implement the provisions of the bill.
I of 13
Probable Savings! Probable Savings!
Probable Savings! Probable Savings!
(Cost) from (Cost) from
(Cost) from (Cost) from
Fiscal Year Foundalion School Other SpecUd Stote
GR Dedicoted Accounts Stote Highway Fund
Fund Funds 6
994
193 998
2012 ($11,750,000) ($2,037,712) ($9,569,872) ($10,850,382)
2013 52,301,788,000 ($2,032,706) ($9,546,359) ($10,823,723)
2014 $0 ($2,032,706) ($9,546,359) ($10,823,723)
2015 $0 ($2,032,706) (59,546,359) ($10,823,723)
2016 $0 ($2,032,706) ($9,546,359) ($10,823,723)
Probable Savings!
Probable Revenne
(Cost) from Probable Revenue Probable Revenue
Ga/nI(Loss) from
RETIRED SCHOOL Gainl(Loss) from Gainl(Loss) from
Fiscal Year Petro Sto Tank Remed
EMPGROUP Generol Revenue Fund Stote Parks Acct
Acct
INSURANCE 1 64
655
989
2012 $0 $110,049,936 $21,124,000 $1,600,000
2013 ($133,675,492) $1,316,548,491 $23,663,000 $1,600,000
2014 $0 ($465,845,509) $23,807,000 $1,600,000
2015 $0 $161,914,041 $23,937,000 $1,600,000
2016 $0 $166,801,241 $2,007,000 $1,600,000
2 of 13
Probable Revenue
Gain/(Loss) from Probable Revenue
Probable Revenue Probable Revenue
Fiscal Year Oper & Chauffeurs Lie Gain/(Loss) from Gain/(Loss) from
Gain/(Loss) from
Ac Counlies and SpecUlJ
CUies TmnsiJ AUlhormes
Districts
99
2012 $0 $16,824,000 $4,975,000 S3,830,OOO
2013 $0 $18,745,000 $5,175,000 S5,249,OOO
2014 (S2I,3oo,ooo) $20,388,000 $5,275,000 $6,693,000
2015 ($21,300,000) 821,127,000 $5,475,000 S6,943,OOO
2016 (S21,3OO,000) $21,871,000 S5,675,000 87,198,000
Probable Revenue
Gain/(Loss) from Change In Number of
Fiscal Year New General Revenue Slate Employees from
Dedicaled - Iud Ed FY 2011
Accl
2012 $11,716,000 14.0
2013 SIO,660,ooo 14.0
2014 $10,660,000 14.0
2015 SIO,660,Ooo 14.0
2016 SIO.660,ooo 14.0
Fiscal Analysis
Article 1 would defer the Foundation School Program (FSP) payment to school districts scheduled for
August of fiscal year 2013 to not earlier than September 5th of the following fiscal year.
Article 2 would implement a recommendation in the report, "End the Use of General Revenue Funds
to Pay for Insurance Company Examinations," in the Legislative Budget Board's Government
Effectiveness and Efficiency Report, submitted to the Eighty-second Texas Legislature, 2011, by
repealing insurance premium tax credits for examination fees. This provision would apply to
examination fees or evaluations paid in calendar year 2012 or 2013 and the provision would expire on
January 1,2014,
Article 3 would partially implement recommendations from the report, "Strengthen Sales Tax
Enforcement Related to Customs Brokers and Increase the Charge for Export Stamps." in the
Legislative Budget Board's (LBB) Government Effectiveness and Efficiency Report submitted to the
Eighty-Second Legislature, 2011, The bill would amend Chapter 151, Tax Code relating to customs
brokers, The bill would eliminate the requirement that the comptroller provide an alternate method to
show documentation of exemption of tangible personal property when the website for such
documentation is unavailable. The bill would provide that the comptroller may suspend or revoke a
customs broker license if the licensee does not comply with statute or issues false documentation. The
bill would require thai export documentation include a declaration that the customs broker or
authorized employee inspected the property and the original receipt for the property. The bill would
increase the charge for each export stamp from $1.60 to $2.10 and require the increase to be used for
enforcement of the laws relating to customs brokers.
Article 4 would partially implement recommendations from the report, "Phase out Economic
Development Tax Refunds," in the Legislative Budget Board's (LBB) Government Effectiveness and
Efficiency Report submitted to the Eighty-Second Legislature, 2011. This bill would repeal
Subchapter F of Chapter III of the Tax Code, regarding tax refunds for certain ad valorem taxpayers
3 of 13
in reinvestment zones.
Article 5, relating to tax records, would amend the Occupations Code and the Tax Code to extend the
amount of time that taxpayers must keep records such as electronically stored images of documents.
Specifically, Section 111.0041 of the Tax Code would be amended to extend the time to at least four
years that taxpayers would be required to maintain records to substantiate and verify a claim regarding
the taxes, penalties, and interest. Conforming changes would be made elsewhere in the Tax Code and
the Occupations Code.
Article 6 would implement the recommendation in the report, "Reduce the Unclaimed Property
Dormancy Period for Certain Property Types" in the Legislative Budget Board's Government
Effectiveness and Efficiency Report, submitted to the Eighty-second Legislature, 2011. It would
decrease the unclaimed property dormancy period for utility deposits from three years to one year;
money orders from seven years to three years; and bank deposits, savings accounts, and matured
certificates of deposits from five years to three years. The bill would increase the maximum service,
maintenance, or other charge from 50 cents to $1 that money order companies can assess before the
property is defined as abandoned under the Property Code. Article 6 would move the deadline for
businesses to transfer unclaimed property to the Comptroller from November 1 to July 1. As a result,
three unclaimed property transfers would occur in the 2012-13 biennium. There would be two
transfers in all future biennia, but with a new July I st transfer deadline. Article 6 would also authorize
the Comptroller to sell unclaimed securities upon receipt from the companies that hold them, as well
as from time to time. Current law does not specifically permit the Comptroller to sell securities upon
receipt.
Article 7 of the bill would change the classification of the Judicial and Court Personnel Training Fund
No. 540 from Other Funds to a dedicated account within the General Revenue Fund.
Article 8 of the bill would amend the Government Code to allow the Process Server Review Board to
recommend to the Supreme Court fees to be charged for the certification and renewal of certification
of process servers. The Supreme Court would have to approve the fees before the fees could be
collected. The proposed amendment also provides that the Office of Court Administration may collect
the fees and that the fees collected shall be sent to the Comptroller for deposit into the General
Revenue Fund. The bill would allow fees collected to be appropriated for the support of regulatory
programs for process servers and guardians.
Article 9 would amend the Water Code to extend the petroleum product delivery fee. Under current
law, the fee will not be collected after August 31, 2011. The bill would continue the fees with no
expiration date and at the same rate as in fiscal 201 I. The fee would continue to be imposed on the
delivery of virtually all petroleum products withdrawn from bulk storage at various rates on each
delivery, based on cargo tank capacity, and would range from $3.75 to $15 per delivery. According to
the Comptroller, revenues collected would be subject to a 2 percent service charge that would be
deposited to the General Revenue Fund, and the remaining receipts deposited to the GR-Dedicated
Petroleum Storage Tank Remediation Account No. 655.
Article 10 would impact the collection of certain motor fuel taxes. The bill would amend various
chapters of the Tax Code to require tax remittances on motor fuel taxes and delay the transfer of motor
fuels taxes from general revenue to the State Highway Fund and Fund 002 that would normally occur
in August 2013. The revenue would be deposited in September 2013.
Article 11 would impact collections of mixed beverage taxes and takes and fees on certain alcoholic
beverages. The bill would amend various chapters of the Alcoholic Beverage Code to require tax
remittances for the month of September to be paid in August for certain taxes in odd-numbered years.
Article 12 would reduce the cigarette tax distributors' discount from three percent to two and a half
percent.
Article 13 would amend Tax Code to redefine sale for resale. This provision would take effect
immediately if the bill received the requisite two-thirds vote of each chamber; otherwise, it would take
effect September 1, 2011.
4 of 13
Article 14 would impact collections of sales and use taxes. The bill would amend various chapters of
the Tax Code to require tax remittances on sales and use tax.
Article 15 would amend statute regarding reports by wholesaler and distributors of beer, wine, and
malt liquor, as Section 151.461 in new Subchapter I-I, regarding reports by persons involved in the
manufacture and distribution of alcoholic beverages, and add IIew subsections with that subchapter.
Article 15 would expand who would be required by the Comptroller's Office to file a monthly report
on alcoholic beverage sales to retailers. Article 15 would provide the Comptroller the authority to
inspect and conduct audits to ensure compliance; impose civil and criminal penalties for violations;
bring forth a suit to enforce these provisions; and adopt rules to implement these provisions. The bill
would amend Chapter III of the Tax Code, regarding collection procedures for state taxes, to require
the Comptroller's Office to disclose information from the sales reports required under Section
151.4620f this Code.
Article 16, relating to the penalties for failure to report or remit certain taxes or fees, would amend the
Tax Code and the Health and Safety Code to add a penalty of $50 for a person who fails to file certain
reports required under the codes. The penalty would be in addition to any other authorized penalties,
and without regard to whether the person subsequently files the report or whether any taxes or fees
were due. The bill's provisions would apply to several taxes including the sales and use tax and motor
vehicle rental and seller financed taxes.
Article 17, regarding voter registration, would amend Chapters 18 and 19 of the Election Code to
remove the requirement that the Secretary of State (SOS) notify the Comptroller's Office of statutory
noncompliance by voting registrars, and when a registrar has corrected the violation and is
insubstantial compliance; remove the requirement that registrars submit notices to the Comptroller
regarding voter registrations; replace the Comptroller with the SOS in making authorized payments to
registrars; and repeal Section 19.002(c), which allows the Comptroller to require proof before issuing
a warrant.
Article 18, regarding certain powers and duties of the Comptroller of Public Accounts, to expand the
Comptroller's warrant hold offset authority to include state employee lump sum payments.
Article 19, regarding preparation and publication of certain reports and other materials, would amend
Chapter 61 of the Education Code and Chapter 5 of the Tax Code to require the electronic publication
of various reports. The Comptroller would be allowed to charge a reasonable fee to offset the costs of
preparing materials. The bill repeals Section 403.030, regarding information on economic
development activities, and 552.143(e) of the Government Code; and Chapter 379A of the Local
government Code, regarding a report to the Comptroller by municipal development corporations.
Article 20, regarding surplus lines and independently procured insurance, would amend Chapter
225and 226 of the Insurance Code to comply with the requirements of the Non- admitted and
Reinsurance Reform Act (NRRA) of 2010. Under the provisions of the bill, this state could not impose
a premium tax on non-admitted insurance for policies in which this state is not the home state of the
insured. If this state has not entered into a cooperative agreement or compact with another state for the
collection of non-admitted insurance tax, the tax would be computed on the entire premium for any
policy in which this state is the home state. If this state has entered into a cooperative agreement or
compact with another state, taxes due on multi-state policies would be allocated in accordance with
the agreement or compact. The bill would allow the Comptroller to establish an alternate basis for
taxation of non-admitted policies for the purposes of achieving uniformity. The bill would repeal
Insurance Code Sections 225.004(d) and (d-l), and Sections 226.053(b-l) and (c), which would
conflict with the provisions of NRRA.
Article 21 would end eligibility to redeem Early High School Graduation Scholarships awards issued
prior to fiscal year 2012 effective for fiscal year 2018 and would close the program to new awards
effective for fiscal year 2012. The bill would eliminate automatic transfers of funding from the
Foundation School Program (FSP) to the Texas Higher Education Coordinating Board (THECB) for
purposes of funding certain tuition exemption programs and repeal section 56.210 of the Education
Code.
5 of 13
Article 22 would allow the state contribution to the Teacher Retirement System (TRS) pension trust
fund for public education and higher education retirement to be less than contributions of active
members for the fiscal ending August 31, 2012.The bill would also allow the state contribution to the
TRS-Care insurance program to be less than 1.0 percent of total active payroll for fiscal year ending
August 31, 2013.
Article 24 would implement a recommendation in the report, "Increase Private Contributions for State
Parks" in the Legislative Budget Board's Government Effectiveness and Efficiency Report, submitted
to the Eighty-second Legislature, 2011. The bill would establish a system in which motorists can
voluntarily donate $5 or more with the vehicle registration to the Texas Parks and Wildlife
Department.
Article 26 would implement a recommendation in the report, "Optimize the Use of State Parking
Facilities" in the Legislative Budget Board's Government Effectiveness and Efficiency Report,
submitted to the Eighty-second Legislature, 2011. The bill would expand the Texas Facilities
Commission authority related to the operations of state-owned parking lots and garages by authorizing
the agency to lease excess parking spaces and facilities.
Article 27 would eliminate the publication and distribution of bound copies of the General and Special
Laws of Texas (referred to as session law) by the Secretary of State following each session of the
legislation, replacing such information with an electronic version on the agency's website.
Article 28 would authorize three specific fees for the Office of the Attorney General.
Article 29 would authorize money in the Preservation Trust Fund to be used for operation expenses of
the Texas Historical Commission.
Article 30 would clarify the appropriate expenditure of revenue derived from the collection of fees
imposed by the Department of Information Resources.
Article 31 would implement a recommendation in the report, "Implement Strategies to Increase the
Transparency of the State Constitutional Debt Limit" in the Legislative Budget Board's Government
Effectiveness and Efficiency Report, submitted to the Eighty-second Legislature, 2011. The bill would
permit the Bond Review Board (BRB) to use common or standard debt issuance practices to make
changes to the assumptions used for estimating debt service amounts for any unissued debt in the
constitutional debt limit (COL) calculation. This could include changes to assumptions for interest
rates, debt maturity, and debt service payment structures. The impact to the debt limit would depend
upon what, if any, changes the BRB makes to the current assumptions it uses for unissued debt. The
bill would also require the BRB to publish an explanation of how the COL is calculated, including
debt service amounts for issued and unissued debt and the assumptions regarding unissued debt.
Article 32 relates to fiscal matters concerning continuing legal education for Office of Attorney
General attorneys.
Article 34 would implement a recommendation in the report, "Implement a Tobacco User Surcharge
on Employees Retirement System Health Premiums" in the Legislative Budget Board's Government
Effectiveness and Efficiency Report, submitted to the Eighty-second Legislature, 2011. The bill would
require the Employees Retirement System to apply a monthly tobacco user premium differential which
could be set in the General Appropriations Act.
Article 35 would allow the Texas Veterans Commission to analyze data from the U.S. Department of
Health and Human Services' Public Assistance Reporting Information System to improve benefit
6 of 13
coordination for Texas veterans.
Article 36 makes changes to statutes governing the state's regional poison control centers'
management controls and efficiency.
Article 37 would expand the use of three tobacco settlement funds to pay the principal or interest on a
bond issued on behalf of the Cancer Prevention and Research Institute of Texas, including: the
Permanent Fund for Health and Tobacco Education and Enforcement; the Permanent Fund for
Children and Public Health; and the Permanent Fund for Emergency medical Services and Trauma
Care. Article 37 provisions would take immediate effect upon receiving two-thirds vote in both
houses; otherwise, the provisions would take effect September, 1,2011.
Article 38 would require the ERS board to assess an enrollment fee on each state and higher educatio~
employer whose employees participate in the ERS group benefits program. The amount of the fee
would be determined by the General Appropriations Act. The ERS board would deposit the enrollment
fees to the credit of the employee's life, accident, and health insurance and benefits fund.
Article 40 of the bill would amend the Government Code relating to allocation of court costs so that
the portion previously allocated to the Operator's and Chauffeur's License Fund 99 would be re-
allocated to the LECOS Retirement Fund. This provision of the bill would take effect September 2,
2012 and would therefore have no fiscal impact in the 2012-13 biennium.
Article 41 relates to the collection and allocation of certain sales and use tax. The bill would amend
Section 151.008(b) to provide that the terms "seller" and "retailer" include a person who by agreement
with an owner of tangible personal property has been entrusted with possession of and authority to
sell, lease, or rent the property without additional action on the part of the owner.
The bill would amend Section 151.107 to provide that a "retailer engaged in business in this state"
includes a retailer that (l) holds a substantial ownership in, or is owned in whole or substantial part b:r,
a person who maintains a business location in this state if the retailer sells substantially the same
product line and does so under substantially the same business name as the related retailer or if the
facilities or employees of the related person in this state are used to advertise, promote, or facilitate
sales by the retailer or are used to maintain a marketplace in this state for the retailer, exchanging
returned merchandise; or (2) holds a substantial ownership in, or is owned in whole or substantial part
by, a person that maintains a distribution center, warehouse, or similar location in this state that
delivers property sold by the retailer.
Article 43 would allow the Comptroller to enter into contracts with procurement specialists to more
effectively and inexpensively procure items purchased and used by state agencies. The specialist
would be paid from the cost savings gener~ted.
Article 44 would change the period for the sales and use tax holiday from the period beginning at12:01
a.m. on the third Friday in August and ending at 12 a.m. on the following Sunday, to a period
beginning at 12:01 a.m. on the first Friday in August and ending at 12 a.m. on the following Sunday.
Article 45 would amend several sections of the Government Code related to the development of state
budgets and the publication of related documentation, including: requiring the Legislative Budget
Board (LBB) to hold public hearings each state fiscal year to hear a report from the comptroller on tte
financial condition of the state and receive public testimony; requiring the LBB to hold public
hearings on interim budget reduction requests from state agencies; requiring the Comptroller of Public
Accounts to publish data related to revenue from fees; and amending procedures related to the Cash
Management Committee.
Article 46 of the bill would amend the Government Code relating to the Texas Back to Work Initiati'/e
and the Skills Development Fund and would require the Governor to transfer money from the Texas
7 of 13
Enterprise Fund (TEF) to the Texas Back To Work initiative and the Skills Development Fund
administered by the Texas Workforce Commission upon an appropriation made by the Legislature.
The bill would also recreate the Skills Development Fund established under the Labor Code, Section
303.003.
Article 48 extends the small business franchise tax exemption at $1,000,000 until 2014.
Article 49 stipulates that reimbursements and payments to prosecuting attomeys not be made in an
amount greater than amounts authorized in the General Appropriations Act.
Article 50 relates to fiscal matters concerning process servers and entitles a person appointed to the
process server review board to reimbursement for actual and necessary expenses incurred in traveling
and performing official board duties and requires the office to establish a certification division.
Article 51 relates to fiscal matters regarding reimbursement of jurors and entitles a person who reports
for jury service to receive reimbursement for travel and other expenses.
Article 52 of the bill would amend the Code of Criminal Procedure Article 103.0033 by transferring
audit responsibilities for the court-related Collection Improvement Program (CIP) from the
Comptroller of Public Accounts (CPA) to the Office of Court Administration (OCA).
Article 53 would amend Government Code, Chapter 501, to decrease the number of public members
appointed to the Correctional Managed Health Care Committee from nine to six, and require the
committee to take certain actions relating to contracts.
Article 54 would expand the allowable use of the Texas Enterprise Fund to include grant awards under
the Texas homeless housing and services program, administered by the Texas Department of Housing
and Community Affairs.
Article 55 would transfer responsibility for uniform grant and contract management from the Office of
the Governor to the Comptroller of Public Accounts.
Article 56 expands certain franchise tax exemptions to live entertainment events, couriers and PACs.
Article 57 would change the required content of the annual report for the Texas Emerging Technology
Fund, change committee appointment procedures, require financial statements and specify committee
meetings procedures.
Article 58 would amend Chapter 23 of the Tax Code to add beekeeping for the purpose of pollination,
food production, or production of other commercial products to the list of activities that could qualify
land for the reduced agricultural use property tax appraisal if the activity is at the degree of intensity
generally accepted in the area and meets other existing requirements. The bill would provide that land
used for these purposes could not be less than five acres but not more than 20 acres. The bill's
provision that would add beekeeping to the list of land uses that could result in a reduced property tax
appraisal would create a cost to units of local government and to the state through the school funding
formula. The determination of the number of acres per beehive that could qualify would be left up to
chief appraisers. The chief appraisers' determinations on the acceptable level of intensity standards and
resulting qualification determinations under the bill are unknown. Further, the number of beekeeping
agricultural use applications that would be submitted under the bill is unknown. The bill would take
effect on January 1,2012.
Article 59 relates to a tax on retail or commercial business and amends Section 321.002 of the Tax
Code, effective September 1,2011.
Article 61 allows state contribution rates for ERS and LECOS to be less than the member contribution
8 of 13
rate for fiscal year 2012. The bill would also allow DPS, TRS, ERS and TWC to provide the
Comptroller with certain information regarding individuals from their records every five years rather
than annually.
Article 62 would allow the Comptroller to collect data for unclaimed property search every five years,
instead of every year.
Article 63 would amend Chapter II of the Tax Code, regarding property taxation and exemptions, to
change the definition of "goods-in-transit" to require that the personal property be stored under a
contract of bailment by a public warehouse operator at one or more public warehouses that are not in
any way owned or controlled by the owner of the personal property.
Article 64 would implement the recommendation in the report, "Limit Advanced Placement Incentive
Program Exam Fee Subsidies and End Campus Awards," in the Legislative Budget Board's
Government Effectiveness and Efficiency Report submitted to the Eighty-Second Texas Legislature,
2011 by funding the cost of examinations for students who demonstrate financial need in accordance
with adopted guidelines.
Article 65 would limit eligibility for Educational Aide tuition exemptions to persons seeking
certification in teacher shortage areas, as determined by the Commissioner.
Article 66 would exclude physical education curriculum from counting towards contact hours used to
determine a junior college's proportionate share of the state money appropriated.
Article 69 would amend Chapter 42 of the Education code to reduce a district's additional state aid for
tax relief in proportion to the degree to which its adopted maintenance and operations tax rates is
below its compressed tax rate, applying beginning with tax rates adopted for the 2009 tax year.
Article 70 would remove the CPA from the Texas Guarantee Student Loan Board, authorize the
Governor to appoint an additional member to the Board and authorize the Governor to appoint the
Board of the Chair.
Article 72 relates to mineral funds outside of the treasury for Texas A&M University System, Texas
State University System, Texas Tech University and Texas A&M Kingsville.
Article 74 would require sports officials by the University Interscholastic League to undergo crimina',
background verification. This provision of the bill would have no significant fiscal impact.
Article 75 of the bill would make structural changes in the Foundation School Program that would
result in significant state savings in fiscal year 2012 and continuing thereafter.
Article 76 would amend the allocation of mixed beverage tax reimbursements to cities and would be
effective on September 1,2013.
The provisions of this bill would be effective September 1,2011 except as otherwise provided.
Methodology
For Article 1 of the bill, the effect of deferring the August FSP payment in fiscal year 2013 to
September of the following fiscal year is that a total of 23 monthly FSP payments would be dispersed
during the 2012-13 biennium. Under current law funding of the FSP, this deferral would result in a
9 of 13
one-time savings of $2.3 billion in fiscal year 2013. However, any statutory reduction to school
districts' FSP entitlements would decrease the savings gained from this deferral. The House and
Senate funding levels in House Bill I would produce savings of $1.8 billion and $2.3 billion
respectively.
Article 2 would result in a revenue gain of $7.1 in General Revenue Related Funds in fiscal year 2013.
To estimate the provisions of Article 2, data from TDI and the Comptroller were used to calculate the
amount of examination fee and overhead assessment credits that would be available, the proportion of
available examination fee credits that would be applied towards premium tax liability under current
law, and the extent to which the repeal of these credits would increase the use of other types of
premium tax credits.
Article 3 of the bill relating to custom brokers stamp fee would result in a gain of $1.0 million to the
General Revenue fund in the 2012-13 biennium. For Article 3 of the bill, the revenue gain was
estimated by the Comptroller by multiplying the estimate of the number of export certificates by the
increase in the fee. The bill would have no administrative cost.
Article 4 of the bill would result in a gain of $10 million in General Revenue Related funds in
the2012-13 biennium. The Comptroller estimated fiscal impact from the proposed repeal based on
refunds that have been made under the provisions of Subchapter F. There is no estimated fiscal impact
for 2012 as the current statute and provisions of the bill would result in refunds being made through
fiscal 2012. State savings would begin in fiscal 2013.
The Comptroller estimates that Article 5 would result in gain of $11 million in General Revenue
Funds for the 2012-13 biennium.
In Article 6, moving the unclaimed property transfer deadline to July I from November I would result
in a one-time gain of $200 million in fiscal year 2013. The estimate reflects the impact of changes in
the unclaimed property determination and transfer date and was developed using Comptroller data.
For Article 6, there would be a one-time gain of $77.7 million in fiscal year 2013 from reducing
various unclaimed property dormancy periods. The Comptroller based this estimate on data for the
affected property types. The increase in service, maintenance, and other fees that may be assessed by
money order issuers would not have a significant fiscal impact because the dormancy period decrease
from seven years to three years would offset any potential reduction in unclaimed property receipts.
For Article 6, the Comptroller estimates that unclaimed securities liquidation would result in a gain of
$38 million to the General Revenue Fund in the 2012·13 biennium.
For Article 7, this analysis projects probable revenue gain to the General Revenue Fund from the
reclassification of the Judicial and Court Personnel Training Fund No. 540 from Other Funds to
general Revenue account of $11,716,000 in fiscal year 2012 and $10,660,000 in each fiscal year
thereafter. Projected revenues to the Judicial and Court Personnel Training Fund are based on amounts
included in the Comptroller's 2012-13 Biennial Revenue Estimate, or $10.6 million in fiscal year
2012 and $10.7 million in fiscal year 2013. Additionally, this estimate assumes $1,128,000 in
unexpended balances available in the Judicial and Court Personnel Training Fund at the end of fiscal
year 2011.
Article 9 continues the petroleum products delivery fee which under current law is scheduled to expire
on August 31,2011. According to the Comptroller, extending the fee would generate an estimated
$44.8 million to the Petroleum Storage Tank Remediation Fund 655 in the 2012-13 biennium.
Article 10, relating to the motor fuels tax speed-up would result in a revenue gain of $67.1 million in
General Revenue Funds for the 2012-13 biennium. Article 10 would also delay the motor fuels tax
transfer to Fund 6 and 2 and this provision would result in a net revenue gain of $403 million in
General Revenue Related Funds.
Article II relating to the alcohol tax speed up would result in a gain of $17.6 million in General
Revenue funds in the 2012-13 biennium. The fiscal impacts of Articles 10 and 11 were based on the
10 of 13
Comptroller's 2012-13 Biennial Revenue Estimate. The provisions of this bill would impact revenue
collections only in fiscal year 2013 and 2014.
Article 12 would result in a revenue gain of $11.63 million in General Revenue Related funds in the
2012-13 biennium. Thc fiscal impact of Articles 12 was based on the Comptroller's 2012-13 Biennial
Revenue Estimate. The proposed cigarette stamping allowanc,e change would increase the revenue
from each stamp by roughly one-half of one percent. First year revenue collections were adjusted for
collection lags.
Article 13 would result in gain of$150 million in General Revenue Related funds in the 2012-13
biennium. Article 13 relates to a recent court decision that expanded the interpretation of items that
may be purchased as a nontaxable sale for resale to include items purchased by contractors for use or
consumption in performing services under federal contract. The bill would preclude the court decision
from being further expanded to apply to contracts with exempt entities other than the federal
government. The Comptroller used data on refund claims pursuant to the court decision to estimate th e
annual state sales tax reduction to be expected were the decision applied to contracts with exempt
entities other than the federal government, and the implications for units of local government were
estimated proportionally. The tables shown above assume an effective date of September I, 2011.
For the 2012-13 biennium, article 14 would result in a revenue gain of $231.2 million in General
Revenue funds. The fiscal impact of Article 14 was based on the Comptroller's 2012-13 Biennial
Revenue Estimate. The provisions of this bill would impact revenue collections only in fiscal year
2013 and 2014. The analysis for this article assumes a one-time payment would apply only to state
sales taxes.
Article 15 would result in a revenue gain of $25.8 million in General Revenue funds for the 2012-13
biennium. The Comptroller of Public Accounts (CPA) estimates the bill's provisions in article 15
would increase collections from the mixed beverage tax due to an increase in the effectiveness of the
audit selection process. Gains would be reflected in both revenue realized per audit and an increase ir.
the percentage of mixed beverage audits yielding revenue. Additionally, in response to enhanced
reporting requirements, there would be a revenue gain due to greater voluntary tax compliance. Citie!,
and counties could also expect positive revenue gains. This analysis shows the estimated gains to
cities and counties if they were to be appropriated their current share of total mixed beverage revenue.
The number of potential violations and the amount of penalties levied are unknown, the fiscal impact
relating to penalty provisions cannot be determined.
Article 16, relating to the penalties for failure to report or remit certain taxes or fees, would amend the
Tax Code and the Health and Safety Code to add a penalty of $50 for a person who fails to file certai n
reports required under the codes. Article 16 would result in gain of $13.15 million in General Revenue
Funds in the 2012-13 biennium.
Article 21 relating to the repeal of early High School Graduation credit would result in a revenue gain
of $10.2 million in General Revenue Funds in the 2012-13 biennium.
For Article 22, it is assumed that by reducing the state contribution rate to the TRS Care retiree
insurance fund below 1.0 percent of active employee payroll in fiscal year 2013, state costs to General
Revenue would be reduced. The TRS-Care Insurance Trust Fund would experience a revenue loss in
like amounts. Senate Committee Substitute to HB I captures savings totaling $133.7 million in fiscal
year 2013 based on a state contribution rate of 0.5 percent of payroll.
Articles 23, 24 and 25 relating to fiscal matters regarding natural resources would result in a net
positive fiscal impact of $53.6 in General Revenue and General Revenue-Dedicated Funds in the
2012-13 biennium.
Articles 26 through 36 relating to fiscal matters regarding general government would result in a net
positive fiscal impact of $70 million in General Revenue and General Revenue-Dedicated Funds.
The provisions included in Article 37 related to expanding the use of three tobacco settlement funds to
pay the principal or interest on a bond issued on behalf of the Cancer Prevention and Research
II of 13
•
Institute of Texas would result in a gain to General Revenue- Dedicated Funds of $78.1 in the 2012-13
biennium. The gain shown above is based on appropriated amounts for the 2012-13 biennium.
For Article 38 of the bill, the estimate assumes one percent of the employer's total payroll would be
charged to state and higher education employers as an enrollment fee. The fee would generate $162.6
million in General Revenue Related Funds per year which would be deposited to the ERS Employees
Life. Accident, Health Insurance and Benefits Trust Account.
According to the CPA, article 41 and 42 regarding the sales and use tax, nexus and the franchise tax
credits would result in a net revenue gain of $9.2 million in the 2012-13 biennium. The extension of
certain franchise tax credits would result in a revenue loss of $6.8 million in General Revenue Funds
in the 2012-13 biennium, and the provisions related to Nexus are estimated to result in a revenue gain
of $16 million in General Revenue Funds for the 2012-13 biennium.
Article 48 relating to small business tax exemptions, would result in a revenue loss of $149.9 million
in General Revenue Related Funds in the 2012-13 biennium.
According to the Comptroller the fiscal impact of article 50 relating to process servers could not be
determined.
Article 52 relating to the Collection Improvement Program would result in a net revenue gain of $9
million in General Revenue Related funds in the 2012-13 biennium. Article 52 of the bill would
transfer the auditing of the court-related Collection Improvement Program (CIP) function from the
Comptroller of Publ ic Accounts (CPA) to the Office of Court Administration (OCA). When the
mandatory CIP was created by legislation in 2005, the CPA received appropriations for eight full-time
equivalents (FTEs) to fulfill the related auditing functions. It is assumed that eight FTEs, Auditor IV
positions, would be needed at OCA at a salary cost of$54,498 per FTE per fiscal year, with a total
salary cost of $435,984 to General Revenue per year. Additional expenses include travel, at a cost of
$80,000 per year; other operating expenses. at a cost of $13.840-$14,640 per year; and equipment
costs for computers at a cost $19,824 in fiscal year 2012with a four-year replacement schedule. In
addition, benefits would cost $121,465 per fiscal year. The estimated cost to OCA for the auditing
function is approximately $671,913 in fiscal year 2012 and$651,289 in subsequent fiscal years. The
CPA reports that redirecting the existing staff currently performing court collections audits to taxpayer
audits would result in additional General Revenue to the state of: $5.1 million fiscal year2012; $5.2
million in fiscal year 2013; $5.4 million in fiscal year 2014; $5.5 million in fiscal year2015; and $5.7
million in fiscal year 2016. Since existing CPA staff will be redirected to taxpayer audits, for purposes
of this analysis, it is assumed that the OCA would require additional funding and FTEs, as previously
described, to assume the auditing function currently performed by CPA staff.
Article 56 relating to certain franchise tax exemptions, would result in a net revenue loss of $2.42
million in General Revenue Related Funds in the 2012-13 biennium.
Article 62 relating to data collection from unclaimed property searches would result in a General
Revenue savings of $400,000 in the 2012-13 biennium.
Article 64 would limit APIIB exam fee subsidies to students who are educationally disadvantaged as
defined in Section 5.001(4), Education Code, which would save an estimated $6.1 million in General
Revenue Funds for fiscal year 2012 and $6.2 million in General Revenue Funds for fiscal year 2013,
increasing to $6.5 million by fiscal year 2016. This estimate is based on current appropriations of $8.4
million for exam fee subsidies and assumes a 4 percent increase in the total number of AP/lB exams
taken and a 9 percent increase in the number of APIIB exams taken by low income students that would
be eligible for a subsidy each school year. Projected increases are based on historical data and growth
in participation provided by TEA. The savings from the provision are assumed in CSHB 1.
Article 65 limiting eligibility for Educational Aide tuition exemptions to persons seeking certification
in teacher shortage areas is estimated to reduce state costs for this program by $7.5 million in General
Revenue related funds for the 2012-13 biennium. The savings from the provision are assumed in
CSHB I.
12 of 13
•
Article 67 relating to the franchise tax and classification of entities as retail would result in a revenue
loss of $200,000 in the 2012-13 biennium.
Regarding article 73, according to data from the Texas Education Agency, districts affected by the bill
would see the amount they owe the state, under the current school finance provisions of Chapter 4 I
and Chapter 42 of the Texas Education Code, decrease by an estimated $1 1,750,000, entailing a non-
time state cost to the Foundation School Program compared to current law of a like amount.
Regarding article 75, a model of the bill's changes to the calculation of Foundation School Program
(FSP) formulas indicates that savings of approximately $2.0 billion each year would be achieved in
the 2012-13 biennium. In fiscal year 2012 the $2.0 billion in reduction would be achieved through a
proportional reduction to the FSP regular program. In fiscal year 2013 the reduction is achieved
through a reduction to the regular program (75% of the reduction) and through a reduction to target
revenue (25% of the reduction). In fiscal year 2014 and beyond those amounts are determined by in
the General Appropriations Act.
School districts would experience significant loss of revenue under the article 75's provisions. In total,
revenues available to school districts would decline by approximately $2.0 billion per year relative to
current law in fiscal year 2012 and fiscal year 2013. Reductions in revenue would vary among
districts depending on specific local circumstances.
Source Agencies:
LBB Staff: JOB, KK, n, ACI, JJ
13 of 13