CHAPTER 19. BOAT OR MOTOR MANUFACTURERS, DISTRIBUTORS, AND DEALERS
VERNON'S CIVIL STATUTES
TITLE 132. OCCUPATIONAL AND BUSINESS REGULATION
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, 2013.
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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 4.09, eff. June 15, 2007.