VERNON'S TEXAS CIVIL STATUTES
CHAPTER 19. BOAT OR MOTOR MANUFACTURERS, DISTRIBUTORS, AND DEALERS
Art. 8930. Self-Directed Semi-Independent Agency Project Act
Short Title
Sec. 1. This Act shall be known as the Self-Directed
Semi-Independent Agency Project Act.
Agency Participation
Sec. 2. The following agencies shall be part of the pilot project
created by this Act:
(1) the Texas State Board of Public Accountancy;
(2) the Texas Board of Professional Engineers; and
(3) the Texas Board of Architectural Examiners.
Definition
Sec. 3. In this Act, "project agency" means an agency listed in
Section 2 of this Act.
Pilot Project
Sec. 4. (a) Notwithstanding any other provision of law, each
project agency shall become self-directed and semi-independent as
specified in this Act. To allow the pilot project the opportunity
to test the effectiveness of operating under the provisions of this
Act, any Act of the 78th Legislature that relates to an agency
included in Section 2 of this Act and that is inconsistent with
being self-directed and semi-independent may be implemented on
authorization by the governing board of the agency.
(b) Each project agency shall continue to be a state agency, as that
term is defined in Section 2001.003(7), Government Code.
(c) This Act is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, this Act expires September 1, 2009.
General Duties of All Project Agencies
Sec. 5. In addition to the duties enumerated in the enabling
legislation specifically applicable to each project agency, each
project agency shall have the duties prescribed by Sections 6
through 9 of this Act.
Budget
Sec. 6. (a) A project agency shall adopt a budget annually using
generally accepted accounting principles. The budget shall be
reviewed and approved only by the project agency's governing board
notwithstanding any other provision of law, including the General
Appropriations Act. No costs shall be incurred by the general
revenue fund. A project agency shall be responsible for all costs,
both direct and indirect.
(b) A project agency shall keep financial and statistical
information as necessary to disclose completely and accurately the
financial condition and operation of the project agency.
(c) The Texas State Board of Public Accountancy shall annually
remit $703,344 to the general revenue fund, the Texas Board of
Professional Engineers shall annually remit $373,900 to the general
revenue fund, and the Texas Board of Architectural Examiners shall
annually remit $510,000 to the general revenue fund.
Audits
Sec. 7. Nothing in this Act shall affect the duty of the State
Auditor to audit a project agency. The State Auditor shall enter
into a contract and schedule with each project agency to conduct
audits, including financial reports and performance audits. Costs
incurred in performing such audits shall be reimbursed by the
project agency.
Reporting Requirements
Sec. 8. (a) A project agency shall submit to the legislature and the
governor by the first day of the regular session of the legislature
a report describing all of the agency's activities in the previous
biennium. The report shall include:
(1) an audit required by Section 7 of this Act;
(2) a financial report of the previous fiscal year;
(3) a description of any changes in licensing fees;
(4) a report on the number of examination candidates, licensees,
certificate holders, and enforcement activities and any changes in
those figures; and
(5) a description of all new rules adopted or repealed.
(b) In addition to the reporting requirements of Subsection (a) of
this section, each project agency shall report annually, not later
than November 1, to the governor, to the committee of each house of
the legislature that has jurisdiction over appropriations, and to
the Legislative Budget Board the following:
(1) the salary for all project agency personnel and the total amount
of per diem expenses and travel expenses paid for all agency
employees;
(2) the total amount of per diem expenses and travel expenses paid
for each member of the governing body of each project agency;
(3) each project agency's operating plan and budget covering a
two-year period; and
(4) a detailed report of all revenue received and all expenses
incurred by the project agency in the previous 12 months.
Disposition of Fees Collected
Sec. 9. If provided in a project agency's enabling legislation, the
project agency shall collect a professional fee of $200 from its
licensees annually which shall be remitted to the state. If
provided in a project agency's enabling legislation, the project
agency shall collect a scholarship fee of $10 annually from its
licensees and shall remit it to the state.
General Powers of All Project Agencies
Sec. 10. In addition to the powers enumerated in each project
agency's enabling legislation, each project agency shall have the
powers described in Sections 11 through 14 of this Act.
Ability to Contract
Sec. 11. To carry out and promote the objectives of this Act, a
project agency may enter into contracts and do all other acts
incidental to those contracts that are necessary for the
administration of its affairs and for the attainment of its
purposes; provided, however, that any indebtedness, liability, or
obligation of the project agency shall not:
(1) create a debt or other liability of the state or any other
entity other than the project agency; or
(2) create any personal liability on the part of the members of the
board of the project agency or its employees.
Property
Sec. 12. A project agency may acquire by lease, and maintain, use,
and operate, any real, personal, or mixed property necessary to the
exercise of the powers, rights, privileges, and functions of the
agency.
Suits
Sec. 13. The office of the attorney general shall represent a
project agency in any litigation. The attorney general may assess
and collect from the project agency reasonable attorney's fees
associated with any litigation under this section.
Fees and Disposition of Funds
Sec. 14. (a) Subject to the limitations, if any, in the applicable
enabling legislation, each project agency may set the amount of
fees by statute or rule as necessary for the purpose of carrying out
the functions of the project agency.
(b) All fees and funds collected by a project agency during the
pilot project and any funds appropriated to the project agency
shall be deposited in interest-bearing deposit accounts in the
Texas Treasury Safekeeping Trust Company. The comptroller shall
contract with the project agency for the maintenance of the deposit
accounts under terms comparable to a contract between a commercial
banking institution and its customers.
(c) A project agency may retain each fiscal year an amount of fines
and other revenue the project agency receives during the fiscal
year as a result of enforcement actions that is equal to 20 percent
of the total amount expended by the project agency during the
previous fiscal year, not to exceed $1 million.
(d) At the end of each fiscal year 50 percent of the unexpended
balance of the amount retained in Subsection (c) of this section
shall be deposited to the credit of the general revenue fund.
Post-Participation Liability
Sec. 15. (a) If a state agency no longer has status under this Act as
a self-directed semi-independent project agency either because of
the expiration of this Act or for any other reason, the agency shall
be liable for any expenses or debts incurred by the agency during
the time the agency participated in the pilot project. The agency's
liability under this section includes liability for any lease
entered into by the agency. The state is not liable for any expense
or debt covered by this subsection, and money from the general
revenue fund may not be used to repay the expense or debt.
(b) If a state agency no longer has status under this Act as a
self-directed semi-independent project agency either because of
the expiration of this Act or for any other reason, ownership of any
property or other asset acquired by the agency during the time the
agency participated in the pilot project, including unexpended fees
in a deposit account in the Texas Treasury Safekeeping Trust
Company, shall be transferred to the state.
Open Government
Sec. 16. Subject to the confidentiality provisions of a project
agency's enabling legislation:
(1) meetings of the project agency are subject to Chapter 551,
Government Code; and
(2) records maintained by the project agency are subject to Chapter
552, Government Code.
Membership in Employee Retirement System
Sec. 17. Employees of the project agencies are members of the
Employees Retirement System of Texas under Chapter 812, Government
Code, and transition to independent status shall have no effect on
their membership.
Gifts
Sec. 18. (a) Notwithstanding other law, a project agency may not
accept a gift, grant, or donation:
(1) from a party to an enforcement action; or
(2) to pursue a specific investigation or enforcement action.
(b) A project agency must:
(1) report each gift, grant, or donation that the agency receives as
a separate item in the agency's detailed report under Section 8(b)
of this Act; and
(2) include with the report a statement indicating the purpose for
which each gift, grant, or donation was used.
Added by Acts 1999, 76th Leg., ch. 1552, Sec. 2, eff. Sept. 1, 1999.
Sec. 14 amended by Acts 2001, 77th Leg., ch. 939, Sec. 1, eff. Sept.
1, 2001; Sec. 15(b) amended by Acts 2001, 77th Leg., ch. 939, Sec.
2, eff. Sept. 1, 2001; Sec. 4(a) amended by Acts 2003, 78th Leg.,
ch. 367, Sec. 1, eff. Sept. 1, 2003; Sec. 4(c) amended by Acts 2003,
78th Leg., ch. 367, Sec. 1, eff. Sept. 1, 2003; Sec. 6(c) amended by
Acts 2003, 78th Leg., ch. 367, Sec. 2, eff. Sept. 1, 2003; Sec.
14(c) added by Acts 2003, 78th Leg., ch. 367, Sec. 3, eff. Sept. 1,
2003; Sec. 14(d) added by Acts 2003, 78th Leg., ch. 367, Sec. 3,
eff. Sept. 1, 2003; Sec. 18 added by Acts 2003, 78th Leg., ch. 367,
Sec. 4, eff. Sept. 1, 2003.
