1-1 By: Turner of Harris (Senate Sponsor - Gallegos) H.B. No. 943 1-2 (In the Senate - Received from the House April 25, 1995; 1-3 April 26, 1995, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 19, 1995, reported favorably, as 1-5 amended, by the following vote: Yeas 8, Nays 0; May 19, 1995, sent 1-6 to printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: Gallegos 1-8 Amend H.B. No. 943 as follows: 1-9 On page 1, line 22 delete the word "or" 1-10 On Page 1, line 24 between the words "authority," and the word 1-11 "except" add the following: 1-12 "or, in an authority in which the principal city has a 1-13 population of less than 750,000, the Chair of the Metropolitan 1-14 Planning Organization certified by the U.S. Department of 1-15 Transportation which covers the area in which the authority 1-16 operates," 1-17 On Page 2, add a new subsection (d) to read as follows: 1-18 "(d) If a request for a performance audit is made for an 1-19 authority in which the population of the principal city is less 1-20 than 1.2. million, the authority may not collect a sales tax 1-21 greater than that which it was collecting on January 1, 1995 until 1-22 such time as the performance audit is conducted by the comptroller 1-23 and filed with the person who requested the audit." 1-24 COMMITTEE AMENDMENT NO. 2 By: Gallegos 1-25 Amend H.B. No. 943 in SECTION 1 of the bill, in added Section 1-26 12H(a) of Article 1118x, by striking the first sentence (house 1-27 engrossment, page 1, lines 9-14) and substituting the following: 1-28 In addition to the audit required by Section 12D of this Act, an 1-29 authority in which the principal city has a population of more than 1-30 1.2 million and an authority in which the principal city has a 1-31 population of less than 750,000 and that was confirmed at a tax 1-32 election before July 1, 1985, are subject to performance audits by 1-33 the state comptroller of public accounts to determine whether the 1-34 particular authority is accomplishing the purposes for which it was 1-35 created. 1-36 COMMITTEE AMENDMENT NO. 3 By: Madla 1-37 Amend HB 943 as follows: 1-38 In SECTION 1, Subsection 12H(a), line 11 (House Engrossment), 1-39 after the word "million" strike the word "is" and insert the 1-40 following "and of an authority created before January 1, 1980, with 1-41 a principal city having a population of less than 1.2 million are". 1-42 A BILL TO BE ENTITLED 1-43 AN ACT 1-44 relating to performance audits of certain metropolitan transit 1-45 authorities. 1-46 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-47 SECTION 1. Chapter 141, Acts of the 63rd Legislature, 1-48 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil 1-49 Statutes), is amended by adding Section 12H to read as follows: 1-50 Sec. 12H. COMPTROLLER'S PERFORMANCE AUDITS OF CERTAIN 1-51 AUTHORITIES. (a) In addition to the audit required by Section 12D 1-52 of this Act, an authority in which the principal city has a 1-53 population of more than 1.2 million is subject to performance 1-54 audits by the state comptroller of public accounts to determine 1-55 whether the authority is accomplishing the purposes for which it 1-56 was created. In performing an audit under this section, the 1-57 comptroller may examine any budgets and operations of the 1-58 authority, determine whether the authority is effectively and 1-59 efficiently providing the services it was created to provide, and 1-60 make appropriate recommendations to the legislature. 1-61 (b) The comptroller may initiate an audit under this section 1-62 at the comptroller's discretion and shall initiate an audit at the 1-63 request of the governor, the lieutenant governor, the speaker of 1-64 the house of representatives, or the presiding officer of the 1-65 committee of the senate or the house of representatives responsible 1-66 for approving legislation governing the authority, except that an 1-67 audit under this section may not be performed more often than once 1-68 every two years. 2-1 (c) The comptroller shall file a copy of the report of each 2-2 audit performed under this section with each person who has 2-3 authority to initiate the audit. 2-4 SECTION 2. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended, 2-9 and that this Act take effect and be in force from and after its 2-10 passage, and it is so enacted. 2-11 * * * * *