SRC-CDH S.B. 703 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 703
By: Nelson
Criminal Justice
4-17-97
As Filed


DIGEST 

Currently, the Texas Department of Criminal Justice (TDCJ) has two
separate and sizable audit units, including an Internal Audit Division and
the Community Justice Assistance Division (CJAD). In addition, TDCJ
recently  launched  a program to contract with private accounting firms.
In its 1994 report, the Texas Performance Review uncovered expensive,
duplicative, and weak audit efforts within TDCJ; and concluded that too
much time was dedicated to low-risk operations, with too little time in
high-risk areas of high-dollar activity and weak controls.  Furthermore,
TDCJ's Internal Audit Division published a report in 1996 listing over a
dozen major deficiencies in the quality of CJAD's oversight of the
financial audit program.  This legislation would consolidate all TDCJ
audit and program review functions including internal auditing, contract
auditing, and CJAD auditing under an Internal Audit Division whose
director would be hired and serve at the pleasure of the TDCJ Board.  S.B.
703 also proposes adding another level of accountability over TDCJ's
revenue, expenditures, and account balances by requiring all of the
agency's funds to be deposited into the state's general revenue fund.   
 
PURPOSE

As proposed, S.B. 703 establishes the consolidation of the fiscal and
program audit functions of the Texas Department of Criminal Justice.   

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 Sections 493.002(a) and (c), Government Code, to include
the internal audit division among the divisions within the Texas
Department of Criminal Justice (department).  Makes conforming changes.   

SECTION 2. Amends Section 493.0081, Government Code, to redesignate
Section 493.0081 as Section 493.0052, Government Code, as follows: 

 Sec. 493.0052.  New heading:  INTERNAL AUDIT DIVISION.  Requires the
Texas Board of Criminal Justice (board) to hire a director for the
internal audit division.  Deletes the provision requiring the board to
create an office of internal audits and employ a chief of the office.
Requires the internal audit division to conduct all internal audits,
contract audits, and community supervision and corrections department
audits for the department; conduct recurring financial and management
audits; and recommend improvements in management and programs on the basis
of these evaluations.  Sets forth the terms by which the office of the
state auditor is required to provide ongoing training and technical
assistance for the benefit of the internal audit division and the
department's managers; and assist the department in preparing the annual
audit plan for fiscal years 1998 and 1999.  Provides that this subsection
expires January 1, 2000.   
   
SECTION 3. Amends Chapter 493, Government Code, by adding Section
493.0082, as follows: 

Sec. 493.0082.  MONEY TO BE DEPOSITED IN TREASURY.  Requires all money
collected or received by the department to be deposited in the general
revenue fund of the state treasury.  Requires all money collected or
received for a trust or special account to be deposited to the credit of
that account.   

SECTION 4. Amends Section 509.005(a), Government Code, to authorize the
internal audit division, rather than the community justice assistance
division, to conduct an audit of financial program compliance or
performance records of a community supervision and corrections department
to determine compliance with the community justice assistance division's
rules and standards.   

SECTION 5. Effective date:  September 1, 1997.

SECTION 6. Provides that not later than October 1, 1997, the custodian of
a fund or account in which money is held by the department outside of the
state treasury is required to deposit that money in the general revenue
fund of the state treasury. 

SECTION 7.   Emergency clause.