CHAPTER 2113. USE OF APPROPRIATED MONEY
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT, AND PRODUCTIVITY
CHAPTER 2113. USE OF APPROPRIATED MONEY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2113.001. DEFINITIONS. Except as otherwise provided by
this chapter, in this chapter:
(1) "Appropriated money" means money appropriated by the
legislature through the General Appropriations Act or other law.
(2) "State agency" means:
(A) a department, commission, board, office, or other entity in
the executive branch of state government;
(B) the supreme court, the court of criminal appeals, another
entity in the judicial branch of state government with statewide
authority, or a court of appeals; or
(C) a university system or an institution of higher education as
defined by Section 61.003, Education Code, except that a public
junior college is excluded from the meaning of the term in all of
Subchapter C except Section 2113.101 and all of Subchapter D
except Section 2113.205.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 53, eff.
June 15, 2001.
SUBCHAPTER B. RESTRICTIONS ON OFFICERS AND EMPLOYEES
Sec. 2113.011. PUBLICITY. (a) A state agency may not use
appropriated money to publicize or direct attention to an
individual officer or employee of state government.
(b) A state agency may not use appropriated money to:
(1) maintain a publicity office or department;
(2) employ an individual who has the title or duties of a public
relations or press agent; or
(3) pay a public relations agent or business.
(c) Subject to Section 2113.107(d), the executive head of a
state agency who considers it necessary or in the public interest
may issue through agency channels oral or written information
relating to the activities or legal responsibilities of the
agency. The information must be issued in the name of the state
agency and include the name of the individual authorized to issue
the information.
(d) An institution of higher education may operate a news and
information service for the benefit of the public if the
operation has been authorized and approved by the institution's
governing body.
(e) This section does not prohibit the use of appropriated money
for publicity functions authorized under Chapter 193, Acts of the
56th Legislature, Regular Session, 1959 (Article 6144e, Vernon's
Texas Civil Statutes).
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Sec. 2113.012. USE OF ALCOHOLIC BEVERAGES. A state agency may
not use appropriated money to compensate an officer or employee
who uses alcoholic beverages on active duty.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Sec. 2113.013. USE OF MOTOR VEHICLE. (a) Except as provided by
Subsection (b), an officer or employee of a state agency may not
use a state-owned or state-leased motor vehicle except on
official state business.
(b) The administrative head of a state agency may authorize an
officer or employee to use a state-owned or state-leased motor
vehicle to commute to and from work when the administrative head
determines that the use may be necessary to ensure that vital
agency functions are performed. The name and job title of each
individual authorized under this subsection, and the reasons for
the authorization, must be included in the report required by
Section 2101.0115.
(c) A state agency may not use appropriated money to compensate
an individual who violates Subsection (a).
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 54, eff.
Sept. 1, 2001.
Sec. 2113.014. EMPLOYEE STANDARDS OF CONDUCT. (a) A state
agency may not use appropriated money to compensate a state
employee who violates a standard of conduct described by Section
572.051.
(b) A state agency shall provide each state employee it employs
a copy of this section and the standards of conduct described by
Section 572.051 and require a signed receipt on delivery. A new
copy and receipt are required if one of those provisions is
changed.
(c) A state agency shall maintain receipts collected from
current state employees under this section in a manner accessible
for public inspection.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
SUBCHAPTER C. RESTRICTIONS ON GOODS AND SERVICES
Sec. 2113.101. ALCOHOLIC BEVERAGES. A state agency may not use
appropriated money to purchase an alcoholic beverage except for
authorized law enforcement purposes. A state agency may not use
appropriated money to pay or reimburse a travel expense that was
incurred for an alcoholic beverage.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Sec. 2113.102. AUDITS. (a) A state agency may not use
appropriated money to contract with a person to audit the
financial records or accounts of the agency except as provided
by:
(1) Subsections (b), (c), and (d);
(2) Chapter 466, pertaining to the state lottery;
(3) Chapter 2306, pertaining to the Texas Department of Housing
and Community Affairs; and
(4) Chapter 361, Transportation Code, pertaining to the Texas
Turnpike Authority division of the Texas Department of
Transportation.
(b) A state agency may use appropriated money to finance a
supplemental audit of payments received from the government of
the United States if the audit is required as a condition of
receipt of the money and an amount for the audit is provided by
the federal grant, allocation, aid, or other payment.
(c) A state agency providing grants, loans, or other money to an
entity other than a state agency may require, as a condition of
receipt of the money, that the recipient have an annual,
independent audit performed and submitted to the agency. An
agency may require its internal audit staff to make an annual
inspection visit to the recipient of the money. After notice of
the meeting of the governing body of an agency at which the
matter will be included on the agenda, the agency shall take
action on any exceptions noted in independent audits received
under this subsection and provide documentation of that action to
the state auditor, the Legislative Audit Committee, the
Legislative Budget Board, and the budget division of the
governor's office.
(d) Subsection (a) does not apply to the appointment of an
internal auditor under Section 2102.006 or to a contract with the
state auditor.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Sec. 2113.103. POSTAGE AND POSTAL SERVICES. (a) A state agency
should use the most cost-effective means of postal service
available. A state agency may use appropriated money to purchase
any form of mailing service available from the United States
Postal Service that results in lower cost to the agency and
affords service comparable in quality to other available postal
services. The comptroller shall assist state agencies in
determining the types and comparability of postal services
available from the United States Postal Service.
(b) Except as provided by Subsections (c) and (d), a state
agency may use appropriated money to purchase postage or rent a
post office box only from the United States Postal Service.
(c) An agency other than an institution of higher education as
defined by Section 61.003, Education Code, that spends for
postage in a fiscal year an amount that exceeds the dollar amount
set by the General Appropriations Act as the maximum expenditure
for postage shall purchase or rent a postage meter machine and
record all purchases of postage on the machine except purchases
of postage for employees in field offices and traveling
employees. The rental of a postage meter machine by a state
agency, including an institution of higher education, the
legislature, or an agency in the legislative branch of state
government, must be from a company approved by the comptroller.
The comptroller by rule shall adopt procedures for the renting
entity to pay for postage.
(d) Subsection (b) does not apply to a reimbursement:
(1) to an authorized petty cash account;
(2) to a state employee for an emergency purchase of postage or
emergency payment of post office box rent;
(3) that is received by a state agency for authorized services
and is appropriated directly to the receiving agency; or
(4) under a contract for mailing services that may include
postage, if the contract has been approved by the comptroller.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.68, eff. September 1, 2007.
Sec. 2113.104. MEMBERSHIPS IN AND DUES FOR PROFESSIONAL
ORGANIZATIONS. (a) Except as provided by Subsection (b), a
state agency may not use appropriated money to pay for membership
in or dues for a professional organization unless the
administrative head of the agency, or that person's designee,
first reviews and approves the expenditure.
(b) This section does not apply to a state library.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Sec. 2113.105. INDOOR PLANTS. A state agency may not use
appropriated money to purchase, lease, or maintain a live or
artificial indoor plant unless the agency is an institution of
higher education and the plant is to be used for educational or
research purposes.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Sec. 2113.106. STATE FACILITIES FOR MEETINGS, CONFERENCES, AND
EXAMINATIONS. A state agency shall use state-owned or
state-occupied facilities for meetings, conferences, and
administration of group examinations and may not use appropriated
money to lease private facilities for these purposes unless state
facilities are not available when needed, are not adequate to
accommodate the meeting, conference, or examination, or are not
an economically favorable alternative to other facilities.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Sec. 2113.107. PERIODICALS AND OTHER PUBLICATIONS. (a) Except
as provided by Subsection (b), a state agency may not use
appropriated money to publish a periodical or other publication
the cost of which is not reimbursed through revenue attributable
to its publication and sale if the publication is:
(1) intended for use by the general public;
(2) generally informational, promotional, or educational; and
(3) not essential to the achievement of a statutory objective of
the agency.
(b) Subsection (a) does not apply to:
(1) Texas Highways magazine;
(2) the Texas Parks and Wildlife magazine;
(3) publications of the Texas Commission on Alcohol and Drug
Abuse;
(4) attorney general opinions, advisories, and decisions;
(5) comptroller opinions, revenue forecasts, and fiscal
analyses;
(6) newsletters;
(7) compilations of statutes or rules; or
(8) annual reports and other materials that are required by law
and the content of which includes only topics provided by law.
(c) A state agency may not use appropriated money to publish a
publication that prominently displays the name or picture of a
person holding an office elected statewide or an appointed
officer. In this subsection "appointed officer" has the meaning
assigned by Section 572.002. This subsection does not apply to
the official state travel map published by the Texas Department
of Transportation.
(d) A state agency of which the executive head is an elected
officer may not use appropriated money to publish a publication
relating to the activities or legal responsibilities of the
agency within the 120-day period preceding the date of an
election at which the office held by the executive head will be
filled.
(e) Except as provided by Subsection (f), a state agency may not
use appropriated money to publish a publication on enamel-coated,
cast-coated, or dull-coated printing stock or that contains an
average of more than one picture for each two pages of the
publication unless the agency imposes a fee for the publication
in an amount that recovers the cost of publication.
(f) Subsection (e) does not apply to the publication of a
brochure regarding approved foods under the federal special
supplemental food program for women, infants, and children
administered by the Texas Department of Health, a publication
designed to promote tourism or economic development, a
publication of the Texas School for the Deaf or the Texas School
for the Blind and Visually Impaired, or a publication of an
institution of higher education.
(g) A state agency or political subdivision that uses an
appropriation to publish a free periodical quarterly or less
frequently shall insert annually in an issue of the periodical a
notice that anyone wishing to continue receiving the periodical
must so request in writing. A state agency or political
subdivision that uses an appropriation to publish a free
periodical more frequently than quarterly shall insert the notice
annually in three consecutive issues of the periodical. The
agency or political subdivision shall provide future issues of
the periodical only to persons who have requested it.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 108, Sec. 1, eff. May
11, 2001; Acts 2001, 77th Leg., ch. 1117, Sec. 6, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
614, Sec. 3, eff. June 19, 2009.
SUBCHAPTER D. SPECIFICALLY AUTHORIZED USES OF GOODS AND SERVICES
Sec. 2113.201. EMPLOYEE AWARDS. (a) A state agency may use
appropriated money to purchase service awards, safety awards, or
other similar awards to be presented to its employees for
professional achievement or outstanding service under policies
adopted by the agency.
(b) The cost of awards purchased under this section may not
exceed $100 for an individual employee.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
264, Sec. 1, eff. May 30, 2005.
Sec. 2113.202. VOLUNTEER AWARDS. (a) A state agency may use
appropriated money to purchase engraved certificates, plaques,
pins, or other similar awards to be presented to volunteers for
special achievement or outstanding service if the agency has
established a volunteer program under Chapter 2109 or other law.
(b) The cost of awards purchased under this section may not
exceed $50 for an individual volunteer.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Sec. 2113.203. EXAMINATION FEES. A state agency that conducts
examinations shall collect all fees charged to the person being
examined for each examination, including the cost of a
standardized examination instrument, and use appropriated money
to pay a provider of goods or services for a cost incurred by the
agency providing the examination.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Sec. 2113.204. MOVING AND STORAGE EXPENSES OF STATE EMPLOYEES.
(a) Except as otherwise authorized by the General Appropriations
Act, a state agency may use appropriated money to pay the
reasonable and necessary expenses incurred in moving the
household property only for a state employee who:
(1) is being reassigned from one designated headquarters to
another designated headquarters of that agency, if the agency
determines that the best interests of the state will be served by
the reassignment and the distance between the current and future
designated headquarters is at least 25 miles; or
(2) is employed at a facility that is being closed or is
undergoing a reduction in force, if the employee accepts a
position with the agency at another designated headquarters that
is at least 25 miles from the facility being closed or undergoing
a reduction in force.
(b) A state agency shall use state-owned equipment for a move
authorized by Subsection (a) if it is available to the agency. If
state-owned equipment is not available, the agency may pay for
the services of a commercial transportation company or for
self-service vehicles to make the move.
(c) A state employee is entitled to be reimbursed for reasonable
and necessary expenses incurred in traveling by personally owned
or leased motor vehicle for a move described by Subsection (a) at
the rate provided by the General Appropriations Act for
business-related travel by a state employee.
(d) A state agency may pay for or reimburse a state employee for
storage expenses incurred if the employee is required to live in
state-owned housing and the housing is not available when the
agency requires the move to be made.
(e) Reimbursement or payment of an expense under this section is
conditioned on the submission to the comptroller of receipts or
invoices showing the applicable charges.
(f) This section does not authorize payment or reimbursement of
a transaction fee or sales commission for the sale of real
property.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999.
Sec. 2113.205. CERTAIN EXPENDITURES INVOLVING MULTIPLE FISCAL
YEARS. (a) Except as provided by this subsection, a state
agency may use money appropriated for a particular fiscal year to
pay expenses related to conducting or attending a seminar or a
conference only to the extent it occurs during that year. To the
extent that it is cost-effective, a state agency may use money
appropriated for a particular fiscal year to pay expenses related
to conducting or attending a seminar or conference that will
occur partly or entirely during a different fiscal year.
(b) The comptroller may authorize a state agency to use money
appropriated for a particular fiscal year to pay the entire cost
or amount of a service, including an Internet connection, a
periodical subscription, a maintenance contract, a post office
box rental, insurance, or a surety or honesty bond, regardless of
whether the service is provided over more than one fiscal year.
(c) A state agency may use money appropriated for a particular
fiscal year to pay for a utility service provided during that
fiscal year and September of the next fiscal year.
(d) The comptroller may establish procedures and adopt rules to
administer this section.
(e) In this section:
(1) "Institution of higher education" has the meaning assigned
by Section 61.003, Education Code.
(2) "State agency" means:
(A) a department, commission, board, office, or other entity in
the executive branch of state government, including an
institution of higher education;
(B) the supreme court, the court of criminal appeals, another
entity in the judicial branch of state government with statewide
authority, or a court of appeals; or
(C) the legislature or another entity in the legislative branch
of state government with statewide authority.
(3) "Utility service" means:
(A) the furnishing of electricity, water, or natural gas;
(B) a telecommunications service, a wastewater treatment
service, or a waste disposal service; or
(C) any similar commodity or service that the comptroller
considers to be a utility service.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 4, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 55, eff.
June 15, 2001; Acts 2003, 78th Leg., ch. 1310, Sec. 55, eff.
Sept. 1, 2003.
SUBCHAPTER E. RESTRICTIONS ON CAPITAL EXPENDITURES
Sec. 2113.301. PREFERENCE FOR FINANCING CERTAIN CAPITAL
EXPENDITURES WITH MONEY GENERATED BY UTILITY COST SAVINGS
CONTRACT. (a) In this section:
(1) "State facility purpose" means a purpose related to:
(A) the maintenance of a state-owned or state-leased building or
facility; or
(B) a project as defined by Section 2166.001, including a
project described by Section 2166.003.
(2) "Utility cost savings contract" means a contract under
Subchapter I, Chapter 2166, or other law that guarantees utility
cost savings for energy conservation measures to reduce energy or
water consumption or to reduce operating costs of governmental
facilities.
(b) Before a state agency may use appropriated money to make a
capital expenditure for a state facility purpose, the state
agency must determine whether the expenditure could be financed
with money generated by a utility cost savings contract.
(c) If it is practicable to do so, a state agency that is using
appropriated money must finance a capital expenditure for a state
facility purpose with money generated by a utility cost savings
contract.
(d) If it is not practicable for a state agency that is using
appropriated money to finance a capital expenditure for a state
facility purpose with money generated by a utility cost savings
contract, the state agency must provide justification to the
comptroller for the capital expenditure.
(e) In determining under Subsection (b) whether a capital
expenditure could be financed by a utility cost savings contract,
a state agency must consider whether utility cost savings
generated by any department of that agency could be a potential
means of financing a capital expenditure for any department of
that agency. Money generated by a utility cost savings in one
department of a state agency may be used to finance capital
expenditures for a state facility purpose in any department of
that agency.
(f) This section does not apply to an institution of higher
education as defined by Section 61.003, Education Code.
(g) This section does not apply to a capital expenditure for a
state facility purpose that requires expeditious action to:
(1) prevent a hazard to life, health, safety, welfare, or
property; or
(2) avoid undue additional cost to the state.
(h) The comptroller shall appoint a task force to develop design
recommendations that are to be used for state facilities and that
encourage rain harvesting and water recycling by state agencies
using appropriated money to finance a capital expenditure for a
state facility purpose.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 5.02, eff.
Jan. 11, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.69, eff. September 1, 2007.