SRC-MAX H.B. 2906 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2906
By: Wolens (Ratliff)
State Affairs
6-30-97
Engrossed


DIGEST 

The State Auditor's Office is authorized under Chapter 321, Government
Code, to conduct audits of all state agencies.  This bill revises the
duties of the state auditor to repeal any unnecessary and redundant
provisions that may exist.  

PURPOSE

As proposed, H.B. 2906 sets forth provisions regarding the duties of the
state auditor, state audits, and investigations. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 7.022, Education Code, to delete a provision
requiring the state auditor to review agency's processes for auditing
internal operations and to report the findings of this audit. 

SECTION 2. Amends Section 321.008, Government Code, to delete provisions
regarding the execution of a bond required by this section in order to
qualify for the office of state auditor.  Deletes a provision requiring
the state to pay the premium surety company for the execution of the bond
required by Subsection (a).  Makes a conforming change. 

SECTION 3. Amends Section 321.014, Government Code, by adding Subsections
(f) and (g), to set forth provision regarding the state auditor's
recommendation to a department or entity. 

SECTION 4. Amends Chapter 321, Government Code, by adding Section 321.020,
as follows: 

Sec.  321.020.  COORDINATION OF CERTAIN AUDITS.  Authorizes certain state
agencies or other state-related corporations to employ a private auditor
to audit the state agency or corporation under certain conditions.
Requires the state auditor to provide contract management services to the
agency or corporation for an audit described by this section under certain
direction. 

SECTION 5. Amends Chapter 321, Government Code, by adding Section 321.022,
as follows: 

Sec.  321. 022.  COORDINATION OF INVESTIGATIONS.  Requires the
administrative head of a department or entity to report the reason and
basis for the belief to the state auditor, if the person or entity that is
subject to audit by the state auditor has reasonable course to believe
that certain money may have been lost, misappropriated, or misused.
Authorizes the state auditor to investigate the report or to monitor any
investigation conducted by the department or entity.  Requires the state
auditor to prescribe form, content, and timing of a report required by
this section.  Provides that all records of a communication by or to the
state auditor relating to a report to the state auditor under Subsection
(a) are audit working papers of the state auditor.   

 SECTION 6. Amends Section 403.024(b), Government Code, to redefine "state
agency." 

SECTION 7. Amends Chapter 411F, Government Code, by adding Section
411.132, as follows: 

Sec.  411.132.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  STATE
AUDITOR.  Outlines the entitlements for a state auditor regarding access
to the criminal history record information.   

SECTION 8. Amends Section 2102.003(3), Government Code, to redefine "state
agency." 

SECTION 9. Amends Section 2102.005, Government Code, to delete a provision
requiring a state agency to conduct a full-time program of internal
auditing that includes certain components. 

SECTION 10. Amends Section 2102.009, Government Code, to require the state
auditor to prescribed the form and content of the report, subject to the
approval of the legislative audit committee.  Deletes the requirements of
the report. 

SECTION 11. Amends Sections 12(d)-(f), Article 21.28, Insurance Code, to
authorize, rather than require,  the state auditor to conduct an audit of
the liquidator in accordance with the audit plan reviewed and approved by
the legislative audit committee.  Requires the copies of the auditor's
report to be filed in a certain manner, rather than required in a certain
manner not later than March 31 of the year following the year covered by
the audit.   

SECTION 12.  Amends Article 26.57(a), Insurance Code, to provide that the
transactions of the system are subject to audit by the state auditor in
accordance with Chapter 321, Government Code. Deletes a provision
requiring the state auditor's report to include a financial audit and an
economy and efficiency audit.   

SECTION 13. Amends Section 223.041, Transportation Code, to delete a
provision requiring the office of the state auditor to determine relevant
costs to be considered under Subsection (a). 

SECTION 14. Amends Section 58.017, Agriculture Code, as follows:

Sec.  58.017.  New heading:  PERFORMANCE MEASURES.  Requires the board of
directors (board) of the Texas Agricultural Finance Authority (authority),
in conjunction with the Legislative Budget Board, the state auditor, and
the office of the governor, to develop a minimum of two performance
measures that provide information on the benefits of the authority's's
loan programs.  Sets forth the requirements for the performance measures.
Deletes requirements regarding a biennial cost benefit study conducted by
the  board.  

SECTION 15. Repealers:  Section 61.029(e), Education Code; Sections
321.013(j), 321.015, 2303.0525, Government Code; and Section 15A, Article
3.50-3, V.T.C.S. (Internal Auditor, Powers and Duties of State Auditor,
Special Reports, Cost-Benefit-Analysis, and Audits).  

SECTION 16. Emergency clause.
  Effective date:  90 days after adjournment.