By Montford                                           S.B. No. 1503
       74R7942 SRC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the state auditor, the operation of the state auditor's
    1-3  office, and the management of state auditing and risk assessment.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 321, Government Code, is amended by
    1-6  adding Section 321.0121 to read as follows:
    1-7        Sec. 321.0121.  POLICIES AND PROCEDURES.  The committee shall
    1-8  adopt rules of operation for the office of the State Auditor and
    1-9  the execution of the powers and duties provided by this chapter.
   1-10  The rules must specify the oversight responsibilities of the
   1-11  committee.
   1-12        SECTION 2.  Section 321.013(c), Government Code, is amended
   1-13  to read as follows:
   1-14        (c)  In accordance with procedures adopted by the committee,
   1-15  the <The> State Auditor shall propose an <determine the> audit plan
   1-16  for the state for each fiscal year and submit the plan to the
   1-17  committee for approval.  The State Auditor shall review the plan at
   1-18  least quarterly, and the plan may be revised periodically in
   1-19  accordance with the rules of the committee.  In devising the plan,
   1-20  the State Auditor shall consider recommendations concerning
   1-21  coordination of agency functions made by the committee composed of
   1-22  the Legislative Budget Board, Sunset Advisory Commission, and State
   1-23  Auditor's Office.  The plan shall provide for auditing of federal
   1-24  programs at least once in each fiscal biennium and shall ensure
    2-1  that audit requirements of all bond covenants and other credit or
    2-2  financial agreements are satisfied.  <The committee shall review
    2-3  and approve the plan.>
    2-4        SECTION 3.  Section 321.013(j), Government Code, is amended
    2-5  to read as follows:
    2-6        (j)  The State Auditor shall, before December 1 of each year,
    2-7  comprehensively analyze each annual internal audit and each annual
    2-8  report prepared under Section 2102.009 or other law, evaluate the
    2-9  quality of the internal audit program of each agency <6A, Texas
   2-10  Internal Auditing Act (Article 6252-5d, Vernon's Texas Civil
   2-11  Statutes)>, and publish a summary of the State Auditor's findings.
   2-12  The summary must include all major internal audit findings,
   2-13  conclusions, and recommendations, <and> must identify and analyze
   2-14  issues that are common to more than one state agency, and must
   2-15  report the assessment of the quality of the internal audit program
   2-16  of each agency.
   2-17        SECTION 4.  Section 321.013, Government Code, is amended by
   2-18  adding Subsection (k) to read as follows:
   2-19        (k)  The State Auditor shall assess the quality of management
   2-20  of financial risk by each state agency.
   2-21        SECTION 5.  Chapter 321, Government Code, is amended by
   2-22  adding Section 321.024 to read as follows:
   2-23        Sec. 321.024.  ADVISORY BOARD.  The committee shall appoint
   2-24  an advisory board of not fewer than five auditing professionals to
   2-25  advise the committee and the State Auditor in carrying out the
   2-26  powers and duties provided by this chapter.
   2-27        SECTION 6.  Section 12B(c), Chapter 141, Acts of the 63rd
    3-1  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
    3-2  Civil Statutes), is amended to read as follows:
    3-3        (c)  The report of an audit conducted under Subsection (b) of
    3-4  this section is a public record.  <The board of the authority shall
    3-5  deliver a copy of the report of an audit performed under this
    3-6  section to the presiding officer of the governing body of each
    3-7  county or municipality having territory in the authority, to the
    3-8  governor, to the lieutenant governor, to the speaker of the house
    3-9  of representatives, and to the state auditor.  The state auditor
   3-10  may file comments relating to the audit with the Legislative Audit
   3-11  Committee and the board of the authority.  The state auditor may
   3-12  examine any workpapers from the audit or audit the financial
   3-13  transactions of the authority if the state auditor determines that
   3-14  an audit is necessary.>
   3-15        SECTION 7.  The following are repealed:
   3-16              (1)  Sections 12(d) and (k), Article 21.28, Insurance
   3-17  Code;
   3-18              (2)  Section 481.0842(d), Government Code; and
   3-19              (3)  Section 325.012(b), Government Code.
   3-20        SECTION 8.  (a)  This Act takes effect September 1, 1995.
   3-21        (b)  The legislative audit committee shall appoint a state
   3-22  auditor in accordance with Section 321.005(c), Government Code, as
   3-23  amended by this Act, for a term expiring February 1, 1998.
   3-24        (c)  The person serving as first assistant state auditor on
   3-25  the effective date of this Act is entitled to continue in that
   3-26  position after October 1, 1995, only with the consent of the
   3-27  legislative audit committee in accordance with Section 321.010(a),
    4-1  Government Code, as amended by this Act.
    4-2        SECTION 9.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.