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.