CHAPTER 2052. STATE AGENCY REPORTS AND PUBLICATIONS

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE B. INFORMATION AND PLANNING

CHAPTER 2052. STATE AGENCY REPORTS AND PUBLICATIONS

SUBCHAPTER A. REPORTS FOR LEGISLATURE OR GOVERNOR

Sec. 2052.001. FILING AND PRINTING OF REPORT. (a) Repealed by

Acts 1995, 74th Leg., ch. 483, Sec. 1, eff. Sept. 1, 1995.

(b) Repealed by Acts 1995, 74th Leg., ch. 483, Sec. 1, eff.

Sept. 1, 1995.

(c) On receipt of a report under Subsection (a), the secretary

of state shall send a copy to each of the standing committees of

the senate and house of representatives having primary

jurisdiction over the state agency that submitted the report.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 18, eff.

Sept. 1, 1995.

Sec. 2052.002. DISTRIBUTION OF PUBLICATIONS TO LEGISLATORS. (a)

To avoid waste in the duplication and distribution of state

agency publications, a state agency that issues a publication

relating to the work of the agency and distributes the

publication to members of the legislature shall send to each

member before distributing the publication a written notice to

determine whether the member wants to receive the publication.

(b) The state agency shall include with the notice a brief

written summary of the publication.

(c) A member who elects to receive the publication shall notify

the state agency.

(d) This section does not apply to a report that is required by

law.

(e) In this section, "state agency" means:

(1) a department, commission, board, office, or other agency

that is in the executive branch of state government and that was

created by the constitution or a statute of this state;

(2) a university system or institution of higher education as

defined by Section 61.003, Education Code; or

(3) the supreme court, the court of criminal appeals, a court of

appeals, or the Texas Judicial Council.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2052.0021. DISTRIBUTION OF REPORTS TO LEGISLATORS. (a) In

this section, "state agency" has the meaning assigned by Section

2052.002.

(b) Notwithstanding other law, a state agency report required by

law may be made available to members of the legislature only in

accordance with this section.

(c) A state agency shall make each report required by law

available to members of the legislature in an electronic format

determined by the Texas Legislative Council. The agency shall

promptly send a suitable printed copy of the report to a member

of the legislature at the request of the member.

(d) At the time a report required by law is ready for

distribution outside the state agency, the agency shall send

written notice to each member of the legislature that the report

is available. The agency shall send the notice by mail or, if it

is acceptable to the member, electronically. The notice must

briefly describe the subject matter of the report and state:

(1) the manner in which the member may obtain the report

electronically; and

(2) that the agency will send a printed copy of the report to

the member at the request of the member.

(e) This section does not affect the duty of a state agency to

directly send a printed copy of a report to an officer or

committee of the legislature if other law specifically requires

that the report be sent to that officer or committee, and the

agency is not required to comply with this section before sending

the report to that officer or committee.

Added by Acts 1999, 76th Leg., ch. 730, Sec. 1, eff. Sept. 1,

1999.

Sec. 2052.003. REPORT ON EQUAL EMPLOYMENT OPPORTUNITIES. (a) A

state agency that sends to the Texas Workforce Commission civil

rights division an annual report on equal employment

opportunities with the agency shall include in the statistical

information of the report information relating to the number of:

(1) individuals with disabilities whom the agency employs; and

(2) individuals for whom state or federal guidelines encourage a

more equitable balance whom the agency employs.

(b) In this section, "individual with a disability" means an

individual who has:

(1) a mental disability or impairment, including mental

retardation; or

(2) a physical disability or impairment, including:

(A) an impairment of hearing, speech, or vision;

(B) blindness;

(C) deafness; or

(D) a crippling condition that requires special ambulatory

devices or services.

(c) The term "individual with a disability" does not include an

individual whose sole disability or impairment is addiction to

the use of alcohol or to a drug or other controlled substance.

(d) Notwithstanding any other law, equal employment opportunity

reports and personnel policy statements required to be filed with

the governor shall be filed with the Texas Workforce Commission

civil rights division and a report required to be compiled by the

governor based on those equal opportunity reports and personnel

policy statements and filed with the legislature shall be

compiled by the Texas Workforce Commission civil rights division

and filed with the governor and the legislature. The report may

be made separately or as a part of any other biennial report to

the legislature.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 19, eff.

Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1301, Sec. 1, eff. June 18, 2005.

SUBCHAPTER B. REPORTS ON STATE EMPLOYEES

Sec. 2052.101. DEFINITION. In this subchapter, "state agency"

means:

(1) a department, commission, board, office, or other agency

that is in the executive or legislative branch of state

government and that was created by the constitution or a statute,

including an institution of higher education as defined by

Section 61.003, Education Code; or

(2) the supreme court, the court of criminal appeals, a court of

appeals, or the Texas Judicial Council or another agency in the

judicial branch of state government.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2052.102. FULL-TIME EQUIVALENT EMPLOYEE. (a) An employee

who maintains a workweek of at least 40 hours, including

authorized vacation and leave, is a full-time equivalent

employee.

(b) An employee who maintains a workweek of less than 40 hours

is counted as a fractional full-time equivalent employee

according to the ratio of the number of hours that the employee

normally works a week to 40 hours.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2052.103. REPORTS. (a) Not later than the last day of the

first month following each quarter of the fiscal year, a state

agency shall file with the state auditor a written report that

provides for that fiscal quarter:

(1) the number of full-time equivalent state employees employed

by the agency and paid from funds in the state treasury;

(2) the number of full-time equivalent state employees employed

by the agency and paid from funds outside of the state treasury;

(3) the increase or decrease, if any, of the number of full-time

equivalent employees from the fiscal quarter preceding the

quarter covered by the report;

(4) the number of positions of the agency paid from funds in the

state treasury;

(5) the number of positions of the agency paid from funds

outside of the state treasury;

(6) the number of individuals who performed services for the

agency under a contract, including consultants and individuals

employed under contracts with temporary help services; and

(7) the number of managers, supervisors, and staff.

(b) The report must be made in the manner prescribed by the

state auditor and include:

(1) an annotated organizational chart depicting the total number

of full-time equivalent employees, without regard to the source

of funds used to pay all or part of the salary of an employee,

and the total number of managers, supervisors, and staff for each

functional area in the state agency;

(2) the management-to-staff ratio for each functional area; and

(3) a separate organizational chart that summarizes the

categories of employees in the agency's regional offices without

regard to the source of funds used to pay all or part of the

salary of an employee.

(c) A state agency, in accordance with specific guidelines

adopted by the state auditor, may adopt rules for the collection

of the information required under this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 89, eff.

June 19, 1997.

Sec. 2052.104. STATE AUDITOR'S POWERS AND DUTIES. (a) Subject

to Subsection (c), the state auditor may audit a state agency to

ensure:

(1) the accuracy of information reported under this subchapter;

and

(2) compliance with this subchapter.

(b) The state auditor shall:

(1) prepare annual summary reports from information provided in

the reports filed under Section 2052.103; and

(2) provide copies of the summary reports to:

(A) the Legislative Budget Board;

(B) the governor; and

(C) the comptroller.

(c) Work performed under this section by the state auditor is

subject to approval by the legislative audit committee for

inclusion in the audit plan under Section 321.013(c).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 24, eff.

Sept. 1, 2003.

SUBCHAPTER C. DISTRIBUTION OF PUBLICATIONS

Sec. 2052.201. DEFINITIONS. In this subchapter:

(1) "Person" means an individual, association, corporation, or

state agency.

(2) "Publication" means printed matter containing news or other

information and includes a magazine, newsletter, newspaper,

pamphlet, or report.

(3) "Publication request form" means a form that provides a

means of requesting a state agency's publications.

(4) "State agency" means a department, commission, board,

office, or other agency that:

(A) is in the executive branch of state government;

(B) has authority that is not limited to a geographical portion

of the state; and

(C) was created by the constitution or a statute of this state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2052.202. PUBLICATION REQUEST FORM. A state agency that

distributes publications to a person shall distribute a

publication request form on request or with each copy of the last

publication that it distributes before January 1 of each year.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.24(a), eff.

Sept. 1, 1995.

Sec. 2052.203. PUBLICATION DISTRIBUTION LIST. (a) A state

agency that receives a completed publication request form or

other written request for its publications may place the name of

the requestor on its publication distribution list. A state

agency may not place the name of a person or other entity on its

publication distribution list unless the state agency has

received a completed publication request form or other written

request from that person or entity.

(b) After January 1 of each year a state agency shall compile a

publication distribution list from the completed publication

request forms and other written requests received for

publications for that calendar year.

(c), (d) Repealed by Acts 1995, 74th Leg., ch. 76, Sec. 5.25(a),

eff. Sept. 1, 1995.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.25(a), eff.

Sept. 1, 1995.

Sec. 2052.204. DISTRIBUTION. A state agency may distribute a

copy of a publication to a person or other entity that is not

listed on the publication distribution list only if:

(1) the person or entity has requested orally or in writing a

specific copy of the publication; or

(2) the person is a newly elected or appointed state officer,

newly appointed executive head of a state agency, or newly

established state agency.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2052.205. COPIES TO LIBRARY. (a) A state agency shall

send to the Legislative Reference Library five copies of each

publication that it distributes.

(b) The library shall make the publications available to its

users.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2052.206. APPLICABILITY TO INFORMATION REQUIRED BY LAW.

This subchapter does not apply to the distribution of information

required by law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER D. PUBLICATION PRODUCTION AND CHARGES

Sec. 2052.301. SALES CHARGE. (a) A department or agency in the

executive branch of government, unless otherwise specifically

directed by statute, may set and collect a sales charge for a

publication or other printed matter if the charge is in the

public interest.

(b) The amount of the sales charge for a publication or other

printed matter not specifically set by statute may not be greater

than an amount considered sufficient by the publishing department

or agency to reasonably reimburse the state for the actual

expense of printing the publication or printed matter.

(c) Money collected under this section shall be deposited in the

fund from which the cost of printing the publication or other

printed matter was paid. The deposited money is subject to

legislative appropriation.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2052.302. PROHIBITION OF ECONOMIC BENEFIT. (a) In

accordance with Article XVI, Section 21, of the Texas

Constitution, an officer or employee of the state may not,

directly or indirectly, profit by or have a pecuniary interest in

the preparation, printing, duplication, or sale of a publication

or other printed matter issued by a department or agency of the

executive branch.

(b) A person who violates this section shall be dismissed from

state employment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2052.303. USE OF RECYCLED PAPER. (a) A state agency that

issues publications, including reports, for general distribution,

including distribution to members of the legislature, shall use

recycled paper to produce the publications to the greatest extent

possible when the use of recycled paper is cost-effective.

(b) In this section, "state agency" means:

(1) a department, commission, board, office, or other agency

that is in the executive branch of state government and that was

created by the constitution or a statute of this state;

(2) a university system or institution of higher education as

defined by Section 61.003, Education Code; or

(3) the supreme court, the court of criminal appeals, a court of

appeals, or the Texas Judicial Council.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2052.304. USE OF CERTAIN PRINTING STOCK. (a) A state

officer or board, court, commission, or other agency in the

executive or judicial branch of state government may not publish

a report or other printed materials on enamel-coated,

cast-coated, or dull-coated printing stock unless the agency

imposes a fee for receipt of the printed materials.

(b) This section does not apply to a publication that promotes

tourism or economic development.

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.12, eff. Sept. 1,

1999.