CHAPTER 19. BOAT OR MOTOR MANUFACTURERS, DISTRIBUTORS, AND DEALERS

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Statutes > Texas > Vernon-s-civil-statutes > Title-132-occupational-and-business-regulation > 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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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