Article IX General Provisions »

The following section lists the major changes made to the provisions in Article IX.

Amended Sections

3.05(3) Scheduled Exempt Positions.  Creates a new subsection of Article IX, which grants permission to the governing board to make a request to set the rate of compensation as laid out in subsection (c)(1) once per fiscal year or when a vacancy occurs in the exempt positions listed in subsection (c)(6).

3.05(C)(5) Scheduled Exempt Positions.  If a proposed rate of compensation is approved, the LBB must notify the affected agency, the Governor, and the Comptroller.

5.06(a)  Travel Meals and Lodging Expenses.   Meal and lodging expenses are no longer a specific amount ("$85 per day per location for lodging and $36 per day for meals"), but rather an amount to be determined by the Comptroller, depending upon location. 

6.08(b)  Benefits Paid Proportional by Fund.  Amends the subsection to allow for junior colleges or public community colleges to spend money appropriated for employee benefits on any employee if the employee is eligible to participate in the benefits program and is an instructional or administrative employee whose salary may be fully paid from funds appropriated under the General Appropriations Act, regardless of whether the salary is actually paid from appropriated funds.

6.08(d)  Benefits Paid Proportional by Fund.  Due to changes in 6.08(b), all "including a community or public junior college" clauses now read "excluding a community or junior college."

7.09 Reporting of Historically Underutilized Business (HUB) Key Measures.  Provides a link on the LBB website which reports information provided in legislative appropriations requests of agencies and institutes of higher education.

8.02(b) Federal Funds/Block Grants.  Creates a new subsection of Article IX, which mandates an agency report to the LBB, Governor, and Comptroller amounts of federal funds given to that agency and their intended purpose, if amount given is $10M in excess of the amount appropriated by the state.  The reporting agency must go through a ten day notification period during which the LBB and the Governor may issue a written notice of disapproval of the usage of the funds.  If no such notice is given, the Comptroller automatically releases funds to the agency.

8.05(c)  Refunds of Deposits.  Creates a new subsection of Article IX, which prohibits the Comptroller from approving claims or issue warrants that are in excess of revenue estimated by the Biennial Revenue Estimate.  Any claim that is in excess is to be presented to the next Legislature so a specific appropriation for the cause may be addressed. This limit does not apply to any taxes or fees paid under protest.

8.05(d) Refunds of Deposits.  Creates a new subsection of Article IX, providing the Biennial Revenue Estimate determines that no revenues are estimated from a tax, fee, or other revenue source, and if a special fund has been abolished, any balances which may have been transferred or credited to the General Revenue Fund because of such abolishment, repeal, or expiration are appropriated from that fund to pay refunds otherwise payable under this section.

10.08 Payment for Medical Errors.  Creates a new subsection in Article IX, which allows the Employees Retirement System, Teachers Retirement System, University of Texas System, and Texas A&M System to jointly study the feasibility and cost effectiveness of including a provision to deny payments for the 28 National Quality Forum events and additional conditions identified by the Centers for Medicare and Medicaid Services.  A report on their recommendations is to be presented to the LBB and the Governor no later than December 31, 2009.

10.09 Study on Directly Contracting with Medicare for Prescription Drug Coverage.  Allows the Employees Retirement System, Teachers Retirement System, University of Texas System, and Texas A&M System to study directly contracting with Medicare for retiree prescription drug coverage to determine whether such contracting is cost-efficient.   If any agency determines direct contracting to be the most cost-efficient means, the agency may begin negotiations to become an Employer Group Waiver Plan sponsor.

14.02(A)  Limitation on Expenditures- Capitol Budget.  Creates a new subsection of Article IX, allowing amounts identified elsewhere in this act in FY11 for "Data Center Consolidation" to be transferred to FY10 to pay data center consolidation costs.  Agencies making such a transfer must notify the Governor or the LBB 30 days prior to the transfer of funds. 

14.02(B) Limitation on Expenditures- Capitol Budget.  Defines "Data Center Consolidation" as state consolidated data center services in accordance with Government Code, Chapter 2054, Subchapter L.

14.04(a) Disaster Related Transfer Authority.  This subsection now serves as a means for quickly, effectively, and efficiently transferring appropriations in the event of a disaster.  It also provides an exception to any other provision of this act which might otherwise limit the amount of a transfer or might cause a delay in the transfer. 

Part 17  Contingency and Other Provisions.  Section updated to contain all provisions made during the 81st Legislative Session.

Deleted Sections

  • 3.05(e) Scheduled Exempt Positions
  • Part 4 Employment Policies and Provisions
  • 5.06(c) Travel Meals and Lodging Expenses
  • 6.12 Construction Policy
  • 6.14 Research Policy
  • 6.23 Restriction on Expenditures for Lobbying Activities
  • 6.24 Political Ad and Legislative Influence Prohibited
  • 6.27 Grants to Certain Peace Officer Organizations
  • 7.02(b) Annual Reports and Inventories
  • 7.07 Disclosure of Federal Funds
  • 8.03(a-c) Reimbursements and Payments
  • 8.05(c) Refunds of Deposits
  • 10.04 Interagency Contract Funding for Regional Specialist Projects
  • 12.06 Vehicle Fleet Management
  • 13.04 Incentive and Productivity
  • 13.08 Strategic Sourcing
  • Part 19 Additional Contingency and Other Provisions

Moved Sections- No Change

Part 4  Grant-Making Provisions.  Moves from Part 17 without amendment.

This listing of provisions and riders is an overview of the changes and may not include every change that occurred this session.  If a question arises on a particular section, please contact the Office of Government Relations.