73R5675 RJA-F By Haggerty H.B. No. 1438 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the audit and expenditure of fund balances of certain 1-3 executive and administrative agencies. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 403, Government Code, is 1-6 amended by adding Section 403.022 to read as follows: 1-7 Sec. 403.022. LICENSE FUND AUDIT. (a) At the end of the 1-8 first fiscal year of each biennium the comptroller shall audit the 1-9 balance of each special fund in the state treasury that contains 1-10 fees received from professional or occupational licenses issued by 1-11 executive or administrative agencies funded under Article 1 of the 1-12 General Appropriations Act. 1-13 (b) Not later than November 1 of each even-numbered year the 1-14 comptroller shall report the results of the audit performed under 1-15 Subsection (a) to the legislature. The comptroller shall send the 1-16 legislature's report to the lieutenant governor, the speaker of the 1-17 house of representatives, and the presiding officers of the Senate 1-18 Finance Committee and the House Appropriations Committee. 1-19 SECTION 2. Subchapter C, Chapter 316, Government Code, is 1-20 amended by adding Section 316.023 to read as follows: 1-21 Sec. 316.023. CERTAIN ACROSS-THE-BOARD REDUCTIONS. The 1-22 presiding officer of either house of the legislature may not lay 1-23 before that house a bill that makes across-the-board reductions in 1-24 appropriations to executive or administrative state agencies if the 2-1 bill applies the percentage reduction to an executive or 2-2 administrative state agency that: 2-3 (1) is funded under Article I of the General 2-4 Appropriations Act; and 2-5 (2) issues professional or occupational licenses and 2-6 deposits the fees collected for those licenses in a special fund in 2-7 the state treasury. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended, 2-13 and that this Act take effect and be in force from and after its 2-14 passage, and it is so enacted.