CHAPTER 2052. STATE AGENCY REPORTS AND PUBLICATIONS
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE B. INFORMATION AND PLANNING
CHAPTER 2052. STATE AGENCY REPORTS AND PUBLICATIONS
SUBCHAPTER A. REPORTS FOR LEGISLATURE OR GOVERNOR
Sec. 2052.001. FILING AND PRINTING OF REPORT. (a) Repealed by
Acts 1995, 74th Leg., ch. 483, Sec. 1, eff. Sept. 1, 1995.
(b) Repealed by Acts 1995, 74th Leg., ch. 483, Sec. 1, eff.
Sept. 1, 1995.
(c) On receipt of a report under Subsection (a), the secretary
of state shall send a copy to each of the standing committees of
the senate and house of representatives having primary
jurisdiction over the state agency that submitted the report.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 18, eff.
Sept. 1, 1995.
Sec. 2052.002. DISTRIBUTION OF PUBLICATIONS TO LEGISLATORS. (a)
To avoid waste in the duplication and distribution of state
agency publications, a state agency that issues a publication
relating to the work of the agency and distributes the
publication to members of the legislature shall send to each
member before distributing the publication a written notice to
determine whether the member wants to receive the publication.
(b) The state agency shall include with the notice a brief
written summary of the publication.
(c) A member who elects to receive the publication shall notify
the state agency.
(d) This section does not apply to a report that is required by
law.
(e) In this section, "state agency" means:
(1) a department, commission, board, office, or other agency
that is in the executive branch of state government and that was
created by the constitution or a statute of this state;
(2) a university system or institution of higher education as
defined by Section 61.003, Education Code; or
(3) the supreme court, the court of criminal appeals, a court of
appeals, or the Texas Judicial Council.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2052.0021. DISTRIBUTION OF REPORTS TO LEGISLATORS. (a) In
this section, "state agency" has the meaning assigned by Section
2052.002.
(b) Notwithstanding other law, a state agency report required by
law may be made available to members of the legislature only in
accordance with this section.
(c) A state agency shall make each report required by law
available to members of the legislature in an electronic format
determined by the Texas Legislative Council. The agency shall
promptly send a suitable printed copy of the report to a member
of the legislature at the request of the member.
(d) At the time a report required by law is ready for
distribution outside the state agency, the agency shall send
written notice to each member of the legislature that the report
is available. The agency shall send the notice by mail or, if it
is acceptable to the member, electronically. The notice must
briefly describe the subject matter of the report and state:
(1) the manner in which the member may obtain the report
electronically; and
(2) that the agency will send a printed copy of the report to
the member at the request of the member.
(e) This section does not affect the duty of a state agency to
directly send a printed copy of a report to an officer or
committee of the legislature if other law specifically requires
that the report be sent to that officer or committee, and the
agency is not required to comply with this section before sending
the report to that officer or committee.
Added by Acts 1999, 76th Leg., ch. 730, Sec. 1, eff. Sept. 1,
1999.
Sec. 2052.003. REPORT ON EQUAL EMPLOYMENT OPPORTUNITIES. (a) A
state agency that sends to the Texas Workforce Commission civil
rights division an annual report on equal employment
opportunities with the agency shall include in the statistical
information of the report information relating to the number of:
(1) individuals with disabilities whom the agency employs; and
(2) individuals for whom state or federal guidelines encourage a
more equitable balance whom the agency employs.
(b) In this section, "individual with a disability" means an
individual who has:
(1) a mental disability or impairment, including mental
retardation; or
(2) a physical disability or impairment, including:
(A) an impairment of hearing, speech, or vision;
(B) blindness;
(C) deafness; or
(D) a crippling condition that requires special ambulatory
devices or services.
(c) The term "individual with a disability" does not include an
individual whose sole disability or impairment is addiction to
the use of alcohol or to a drug or other controlled substance.
(d) Notwithstanding any other law, equal employment opportunity
reports and personnel policy statements required to be filed with
the governor shall be filed with the Texas Workforce Commission
civil rights division and a report required to be compiled by the
governor based on those equal opportunity reports and personnel
policy statements and filed with the legislature shall be
compiled by the Texas Workforce Commission civil rights division
and filed with the governor and the legislature. The report may
be made separately or as a part of any other biennial report to
the legislature.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 19, eff.
Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
1301, Sec. 1, eff. June 18, 2005.
SUBCHAPTER B. REPORTS ON STATE EMPLOYEES
Sec. 2052.101. DEFINITION. In this subchapter, "state agency"
means:
(1) a department, commission, board, office, or other agency
that is in the executive or legislative branch of state
government and that was created by the constitution or a statute,
including an institution of higher education as defined by
Section 61.003, Education Code; or
(2) the supreme court, the court of criminal appeals, a court of
appeals, or the Texas Judicial Council or another agency in the
judicial branch of state government.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2052.102. FULL-TIME EQUIVALENT EMPLOYEE. (a) An employee
who maintains a workweek of at least 40 hours, including
authorized vacation and leave, is a full-time equivalent
employee.
(b) An employee who maintains a workweek of less than 40 hours
is counted as a fractional full-time equivalent employee
according to the ratio of the number of hours that the employee
normally works a week to 40 hours.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2052.103. REPORTS. (a) Not later than the last day of the
first month following each quarter of the fiscal year, a state
agency shall file with the state auditor a written report that
provides for that fiscal quarter:
(1) the number of full-time equivalent state employees employed
by the agency and paid from funds in the state treasury;
(2) the number of full-time equivalent state employees employed
by the agency and paid from funds outside of the state treasury;
(3) the increase or decrease, if any, of the number of full-time
equivalent employees from the fiscal quarter preceding the
quarter covered by the report;
(4) the number of positions of the agency paid from funds in the
state treasury;
(5) the number of positions of the agency paid from funds
outside of the state treasury;
(6) the number of individuals who performed services for the
agency under a contract, including consultants and individuals
employed under contracts with temporary help services; and
(7) the number of managers, supervisors, and staff.
(b) The report must be made in the manner prescribed by the
state auditor and include:
(1) an annotated organizational chart depicting the total number
of full-time equivalent employees, without regard to the source
of funds used to pay all or part of the salary of an employee,
and the total number of managers, supervisors, and staff for each
functional area in the state agency;
(2) the management-to-staff ratio for each functional area; and
(3) a separate organizational chart that summarizes the
categories of employees in the agency's regional offices without
regard to the source of funds used to pay all or part of the
salary of an employee.
(c) A state agency, in accordance with specific guidelines
adopted by the state auditor, may adopt rules for the collection
of the information required under this section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 89, eff.
June 19, 1997.
Sec. 2052.104. STATE AUDITOR'S POWERS AND DUTIES. (a) Subject
to Subsection (c), the state auditor may audit a state agency to
ensure:
(1) the accuracy of information reported under this subchapter;
and
(2) compliance with this subchapter.
(b) The state auditor shall:
(1) prepare annual summary reports from information provided in
the reports filed under Section 2052.103; and
(2) provide copies of the summary reports to:
(A) the Legislative Budget Board;
(B) the governor; and
(C) the comptroller.
(c) Work performed under this section by the state auditor is
subject to approval by the legislative audit committee for
inclusion in the audit plan under Section 321.013(c).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 24, eff.
Sept. 1, 2003.
SUBCHAPTER C. DISTRIBUTION OF PUBLICATIONS
Sec. 2052.201. DEFINITIONS. In this subchapter:
(1) "Person" means an individual, association, corporation, or
state agency.
(2) "Publication" means printed matter containing news or other
information and includes a magazine, newsletter, newspaper,
pamphlet, or report.
(3) "Publication request form" means a form that provides a
means of requesting a state agency's publications.
(4) "State agency" means a department, commission, board,
office, or other agency that:
(A) is in the executive branch of state government;
(B) has authority that is not limited to a geographical portion
of the state; and
(C) was created by the constitution or a statute of this state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2052.202. PUBLICATION REQUEST FORM. A state agency that
distributes publications to a person shall distribute a
publication request form on request or with each copy of the last
publication that it distributes before January 1 of each year.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.24(a), eff.
Sept. 1, 1995.
Sec. 2052.203. PUBLICATION DISTRIBUTION LIST. (a) A state
agency that receives a completed publication request form or
other written request for its publications may place the name of
the requestor on its publication distribution list. A state
agency may not place the name of a person or other entity on its
publication distribution list unless the state agency has
received a completed publication request form or other written
request from that person or entity.
(b) After January 1 of each year a state agency shall compile a
publication distribution list from the completed publication
request forms and other written requests received for
publications for that calendar year.
(c), (d) Repealed by Acts 1995, 74th Leg., ch. 76, Sec. 5.25(a),
eff. Sept. 1, 1995.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.25(a), eff.
Sept. 1, 1995.
Sec. 2052.204. DISTRIBUTION. A state agency may distribute a
copy of a publication to a person or other entity that is not
listed on the publication distribution list only if:
(1) the person or entity has requested orally or in writing a
specific copy of the publication; or
(2) the person is a newly elected or appointed state officer,
newly appointed executive head of a state agency, or newly
established state agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2052.205. COPIES TO LIBRARY. (a) A state agency shall
send to the Legislative Reference Library five copies of each
publication that it distributes.
(b) The library shall make the publications available to its
users.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2052.206. APPLICABILITY TO INFORMATION REQUIRED BY LAW.
This subchapter does not apply to the distribution of information
required by law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER D. PUBLICATION PRODUCTION AND CHARGES
Sec. 2052.301. SALES CHARGE. (a) A department or agency in the
executive branch of government, unless otherwise specifically
directed by statute, may set and collect a sales charge for a
publication or other printed matter if the charge is in the
public interest.
(b) The amount of the sales charge for a publication or other
printed matter not specifically set by statute may not be greater
than an amount considered sufficient by the publishing department
or agency to reasonably reimburse the state for the actual
expense of printing the publication or printed matter.
(c) Money collected under this section shall be deposited in the
fund from which the cost of printing the publication or other
printed matter was paid. The deposited money is subject to
legislative appropriation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2052.302. PROHIBITION OF ECONOMIC BENEFIT. (a) In
accordance with Article XVI, Section 21, of the Texas
Constitution, an officer or employee of the state may not,
directly or indirectly, profit by or have a pecuniary interest in
the preparation, printing, duplication, or sale of a publication
or other printed matter issued by a department or agency of the
executive branch.
(b) A person who violates this section shall be dismissed from
state employment.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2052.303. USE OF RECYCLED PAPER. (a) A state agency that
issues publications, including reports, for general distribution,
including distribution to members of the legislature, shall use
recycled paper to produce the publications to the greatest extent
possible when the use of recycled paper is cost-effective.
(b) In this section, "state agency" means:
(1) a department, commission, board, office, or other agency
that is in the executive branch of state government and that was
created by the constitution or a statute of this state;
(2) a university system or institution of higher education as
defined by Section 61.003, Education Code; or
(3) the supreme court, the court of criminal appeals, a court of
appeals, or the Texas Judicial Council.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2052.304. USE OF CERTAIN PRINTING STOCK. (a) A state
officer or board, court, commission, or other agency in the
executive or judicial branch of state government may not publish
a report or other printed materials on enamel-coated,
cast-coated, or dull-coated printing stock unless the agency
imposes a fee for receipt of the printed materials.
(b) This section does not apply to a publication that promotes
tourism or economic development.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.12, eff. Sept. 1,
1999.