IMF H.B. 2906 75(R)BILL ANALYSIS


STATE AFFAIRS
H.B. 2906
By: Wolens
4-10-97
Committee Report (Amended)



BACKGROUND 

The State Auditor's Office is authorized under Chapter 321, Government
Code, to conduct audits of all state agencies.  Other statutes also direct
the State Auditor to perform specific audit responsibilities with respect
to specific state agencies. 

PURPOSE

As proposed, H.B. 2906 would repeal unnecessary and redundant provisions
relating to the State Auditor and agency internal auditors.  H.B. 2906
permits review of audit recommendation implementation by state entities,
provides for coordination of audit work conducted by private entities on
behalf of state agencies, establishes a method for the identification of
potential problems and investigations of incidents of fraud and abuse in
state agencies, and improves the State Auditor's ability to assess risk
associated with state operations through access to criminal history
information. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sec. 7.022, Education Code, to eliminate the requirement
that the State Auditor report on internal audits at the Texas Education
Agency. 

SECTION 2. Amends Sec. 321.008, Government Code, to eliminate the bonding
requirement for the State Auditor. 

SECTION 3. Amends Sec. 321.014, Government Code, to require audited
agencies to report on the manner in which they have addressed audit
findings and recommendations. 

SECTION 4. Amends Sec. 321.020, Government Code, to provide a mechanism
for coordination and/or management of private audits performed of state
agencies and corporations assisting state agencies. 

SECTION 5. Adds Sec. 321.022, Government Code, to require state agencies
to report incidents of possible fraud, abuse, or misappropriation of funds
to the State Auditor. 

SECTION 6. Amends Sec. 403.024, Government Code, to define "state agency"
in a manner excluding the legislative and judicial branches of government. 

SECTION 7. Adds Sec. 411.132, Government Code, to authorize the State
Auditor to obtain access to criminal history record information for
purposes of performing risk assessment, or in connection with an
investigation. 

SECTION 8. Amends Sec. 2102.003, Government Code, to define "state agency"
in a manner excluding the legislative and judicial branches of government. 
 
SECTION 9. Amends Sec. 2102.005, Government Code, to eliminate the
requirement for a fulltime program of internal auditing. 

SECTION 10. Amends Sec. 2102.009, Government Code, to delete statutory
requirements for the content of the internal auditors' annual report and
to further provide that the State Auditor shall determine the format and
content of the report. 

SECTION 11. Amends Art. 21.28, Sec. 12(d-f), Insurance Code, to provide
that the Liquidator function at the Department of Insurance is subject to
audit, as opposed to a mandatory annual audit requirement. 

SECTION 12. Amends Art. 26.57(a), Insurance Code, to provide that the
transactions of the Texas Health Reinsurance System are subject to audit,
as opposed to requiring an annual special audit. 

SECTION 13. Amends Sec. 223.041, Transportation Code, to eliminate the
requirement for State Auditor determination of relevant costs to be
considered in privatization of engineering design contracts. 

SECTION 14. Repeals Sec. 58.017(c), Agriculture Code; Sec. 61.029(e),
Education Code; Sec. 321.013(j) and 321.015, Government Code; and Art.
3.50-3, Sec. 15A, Insurance Code. 

SECTION 15.  Emergency clause.

EXPLANATION OF AMENDMENTS

1. Clarifies that the section pertaining to employing a private auditor
does not apply to subrecipient audits (such as agency audits of special
deputy receivers and other contractors with the agency), but only to
audits of the agency or corporation. 

2. Sets up a mechanism for reporting which state auditor recommendations a
department or entity did not implement and why. 

3. Removes language requiring direct and immediate reporting of suspected
misuse of funds; allows the state auditor to work with state agencies to
develop a reasonable time frame and format for reporting suspected misuse. 

4-5. Requires the auditor to prescribe the form, content, and timing of
agency reports of fraud investigations. 

6. Gives the legislative audit committee an oversight role over the state
auditor in determining the form and content of the annual reports of
agency internal audits. 

7-8. Last session, in response to a recommendation of the Sunset
Commission, the legislature set up a cost-benefit study of the programs
administered by the Texas Agricultural Finance Authority (TAFA) and
required the state auditor to both help prepare the study and review it.
This amendment would repeal the current language and require instead that
TAFA, with assistance from the state auditor, the LBB, and the Governor's
Office, develop at least two performance measures on the costs and
benefits of TAFA's loan programs.