85R6190 YDB-F     By: Kacal H.B. No. 1118       A BILL TO BE ENTITLED   AN ACT   relating to the abolishment of the State Council on Competitive   Government and the transfer of its functions to the comptroller.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 236.002, Family Code, is amended to read   as follows:          Sec. 236.002.  POWERS AND DUTIES [OF COUNCIL]. (a) The   Title IV-D agency [council] shall:                (1)  establish an initiative called "Kids Can't Wait"   to increase child support enforcement;                (2)  identify child support enforcement functions   [performed by the Title IV-D agency] that may be competitively bid;                (3)  establish guidelines for referral of child support   enforcement cases to a contractor;                (4)  [after consulting with the Title IV-D agency, make   recommendations regarding competitive bidding of child support   enforcement functions that are identified under Subdivision (2);                [(5)]  consider the benefits of the state's   participation in an electronic parent locator network or a similar   national service designed to locate parents who owe child support;                (5) [(6)]  study the feasibility of cost recovery   options in child support collection actions for children who do not   receive public assistance; and                (6) [(7)]  engage in other activities necessary for the   administration of this chapter.          (b)  The Title IV-D agency shall coordinate with the   comptroller [council] regarding competitive bidding of child   support enforcement functions identified under this section.          (c)  [A member of the council may designate an employee of   the state agency represented by the member to perform any of the   member's powers or duties under this section.          [(d)]  The Title IV-D agency shall cooperate with the   comptroller [council] if requested by the comptroller [council].          SECTION 2.  Section 662.0071(a), Government Code, is amended   to read as follows:          (a)  A state agency shall accept the balance of compensatory   time accrued under Section 662.007 by a state employee who   transfers to that agency from another state agency if the employee   transfers as a direct result of[:                [(1)]  the legislature's transfer of legal authority or   duties from the agency that formerly employed the employee to the   agency that currently employs the employee[; or                [(2)     a requirement of the State Council on Competitive   Government for the agency that formerly employed the employee to   bid a commercially available service that the agency previously   performed].          SECTION 3.  Sections 2054.131(b) and (d), Government Code,   are amended to read as follows:          (b)  If the department [State Council on Competitive   Government] and the Legislative Budget Board each determine that a   cost savings may be realized through a private vendor selected   under this section, the department [State Council on Competitive   Government] may implement a project that establishes a common   electronic infrastructure through which each state agency,   including any retirement system created by statute or by the   constitution, shall:                (1)  require its work site benefits plan participants   to electronically:                      (A)  enroll in any work site benefits plans   provided to the person by the state or a state agency;                      (B)  add, change, or delete benefits;                      (C)  sign any payroll deduction agreements to   implement a contribution made to a plan in which the participant   enrolls;                      (D)  terminate participation in a voluntary plan;                      (E)  initiate account investment changes and   withdrawals in a retirement plan;                      (F)  obtain information regarding plan benefits;   and                      (G)  communicate with the plan administrator; and                (2)  administer its work site benefits plans   electronically by using the project to:                      (A)  enroll new plan participants and, when   appropriate, terminate plan participation;                      (B)  generate eligibility and enrollment reports   for plan participants;                      (C)  link plan administration with payroll   administration to facilitate payroll deductions for a plan;                      (D)  facilitate single-source billing   arrangements between the agency and a plan provider; and                      (E)  transmit and receive information regarding   the plan.          (d)  If the department [State Council on Competitive   Government] implements an electronic infrastructure project under   this section, the department [State Council on Competitive   Government] shall select and contract with a single private vendor   to implement the project. The contract must require the   application of the project to all state agencies without cost to the   state until the project is initially implemented.          SECTION 4.  Section 2171.104(a), Government Code, is amended   to read as follows:          (a)  The office of vehicle fleet management[, as directed by   the State Council on Competitive Government,] shall develop a   management plan with detailed recommendations for improving the   administration and operation of the state's vehicle fleet.          SECTION 5.  Section 32.0461, Human Resources Code, is   amended by amending Subsections (a) and (c) and adding Subsection   (d) to read as follows:          (a)  The [In consultation and coordination with the State   Council on Competitive Government, the] commission shall seek   competitive bids for the claims processing function of the vendor   drug program.          (c)  The commission may award a contract under this section   to another person only if the commission determines [department and   the State Council on Competitive Government determine] that the   provision of services under that contract would be more   cost-effective and the time to process claims under the contract   would be the same as or faster than having employees of the   commission continue to process claims.          (d)  The commission may consult with the comptroller in   administering this section.          SECTION 6.  Sections 11.0255(b) and (c), Parks and Wildlife   Code, are amended to read as follows:          (b)  In calculating the costs under Subsection (a), the   department[:                [(1)]  shall consider both direct and indirect costs of   department employees who perform project tasks[; and                [(2)     may use the cost accounting procedures and   instructions developed by the State Council on Competitive   Government under Section 2162.102, Government Code].          (c)  On request, the comptroller [State Council on   Competitive Government] shall provide technical assistance to the   department[, including assistance with the application of the   council's cost accounting procedures and instructions].          SECTION 7.  Section 223.042(d), Transportation Code, is   amended to read as follows:          (d)  The department shall consider all of its direct and   indirect costs in determining the cost of providing the services.   [The department shall use the cost accounting procedures and   instructions developed by the State Council on Competitive   Government under Section 2162.102(c)(2), Government Code, in   determining its cost. On request, the State Council on Competitive   Government shall provide technical assistance to the department   about the cost accounting procedures and instructions.]          SECTION 8.  The following laws are repealed:                (1)  Section 161.037(b), Agriculture Code;                (2)  Section 236.001, Family Code;                (3)  Section 662.0071(c), Government Code;                (4)  Section 670.003, Government Code;                (5)  Chapter 2162, Government Code;                (6)  Section 2163.001(d), Government Code; and                (7)  Section 11.153(b), Parks and Wildlife Code.          SECTION 9.  (a) On the effective date of this Act, the State   Council on Competitive Government is abolished.          (b)  The validity of an action taken by or in connection with   the authority of the State Council on Competitive Government before   the date the agency is abolished is not affected by the abolition.          SECTION 10.  On the effective date of this Act:                (1)  all powers and duties of the State Council on   Competitive Government are transferred to the comptroller;                (2)  a rule, form, policy, procedure, or decision of   the State Council on Competitive Government continues in effect as   a rule, form, policy, procedure, or decision of the comptroller   until superseded by an act of the comptroller;                (3)  a reference in law to the State Council on   Competitive Government means the comptroller;                (4)  any action or proceeding before the State Council   on Competitive Government is transferred without change in status   to the comptroller and the comptroller assumes, without a change in   status, the position of the State Council on Competitive Government   in any action or proceeding to which the State Council on   Competitive Government is a party;                (5)  all money, contracts, leases, rights, bonds, and   obligations of the State Council on Competitive Government are   transferred to the comptroller;                (6)  all personal property, including records, in the   custody of the State Council on Competitive Government becomes the   property of the comptroller; and                (7)  all funds appropriated by the legislature to the   State Council on Competitive Government are transferred to the   comptroller.          SECTION 11.  This Act takes effect September 1, 2017.