75R11200 DRH-F
By Greenberg, Krusee, Dukes, Maxey, H.B. No. 2446
Naishtat, et al.
Substitute the following for H.B. No. 2446:
By Bailey C.S.H.B. No. 2446
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to performance audits of certain metropolitan transit
1-3 authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter J, Chapter 451, Transportation Code,
1-6 is amended by adding Section 451.458 to read as follows:
1-7 Sec. 451.458. COMPTROLLER'S PERFORMANCE AUDITS OF CERTAIN
1-8 AUTHORITIES. (a) In addition to the audit required by Section
1-9 451.454, an authority the board of which was confirmed before July
1-10 1, 1985, and in which the principal municipality has a population
1-11 of less than 750,000 is subject to performance audits by the
1-12 comptroller to determine whether the authority is accomplishing the
1-13 purposes for which it was created. In performing an audit under
1-14 this section, the comptroller may examine any budgets and
1-15 operations of the authority, determine whether the authority is
1-16 effectively and efficiently providing the services it was created
1-17 to provide, and make appropriate recommendations to the
1-18 legislature.
1-19 (b) The comptroller may conduct an audit under this section
1-20 at the comptroller's discretion and shall conduct an audit at the
1-21 request of the governor, the lieutenant governor, the speaker of
1-22 the house of representatives, or the presiding officer of the
1-23 committee of the senate or the house of representatives responsible
1-24 for approving legislation governing the authority, except that an
2-1 audit under this section may not be performed more often than once
2-2 every two years.
2-3 (c) The comptroller shall file a copy of the report of each
2-4 audit performed under this section with each person who has
2-5 authority to initiate the audit.
2-6 (d) After beginning an audit under this section, the
2-7 comptroller may withhold from the revenue derived from the sales
2-8 and use tax imposed by the authority an amount not to exceed the
2-9 cost of performing the audit. Amounts withheld under this
2-10 subsection shall be deposited by the comptroller to the credit of
2-11 the general revenue fund and may be appropriated only to the
2-12 comptroller for the purposes of administering this section. The
2-13 authority to withhold provided by this section is in addition to
2-14 the deduction authorized by Section 322.303, Tax Code.
2-15 SECTION 2. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.