CHAPTER 2113. USE OF APPROPRIATED MONEY

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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

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

State Codes and Statutes

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