By Maxey H.B. No. 2638
75R2924 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an office of inspector general for
1-3 criminal justice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle G, Title 4, Government Code, is amended
1-6 by adding Chapter 510 to read as follows:
1-7 CHAPTER 510. INSPECTOR GENERAL FOR CRIMINAL JUSTICE
1-8 Sec. 510.001. CREATION. (a) The office of inspector
1-9 general for criminal justice is created.
1-10 (b) The office of inspector general for criminal justice is
1-11 within the department.
1-12 Sec. 510.002. APPOINTMENT; TERM; QUALIFICATIONS. (a) The
1-13 governor, with the advice and consent of the senate, shall appoint
1-14 a person to serve as inspector general for a two-year term expiring
1-15 February 1 of each odd-numbered year.
1-16 (b) The governor shall appoint an inspector general without
1-17 regard to political affiliation and solely on the basis of
1-18 integrity and demonstrated ability in accounting, auditing, public
1-19 and criminal justice administration, and financial, legal, and
1-20 managerial analysis.
1-21 Sec. 510.003. VACANCY. In the case of a vacancy in the
1-22 position of inspector general, a successor shall be appointed for
1-23 the unexpired term. A person may not be appointed for more than
1-24 two two-year terms.
2-1 Sec. 510.004. REMOVAL FOR CAUSE. (a) The governor may
2-2 remove the inspector general from office for cause, including
2-3 substantial neglect of duty, gross misconduct, or conviction of a
2-4 crime.
2-5 (b) If the governor removes the inspector general from
2-6 office, the governor shall notify the inspector general of the
2-7 cause for removal in writing and shall send a copy of the written
2-8 notification to both houses of the legislature.
2-9 Sec. 510.005. ASSISTANT INSPECTORS GENERAL; STAFF. The
2-10 inspector general may appoint assistant inspectors general and may
2-11 employ staff as necessary to perform the duties of the office of
2-12 inspector general subject to the General Appropriations Act.
2-13 Sec. 510.006. POLITICAL ACTIVITY PROHIBITED. (a) The
2-14 inspector general or an employee of the office of inspector general
2-15 may not hold, or be a candidate for, any elective public office
2-16 before the third anniversary of the date the inspector general or
2-17 employee completes the term of office or period of employment, as
2-18 applicable.
2-19 (b) The inspector general or an employee of the office of
2-20 inspector general may not hold office in a political party or
2-21 political committee or participate in a political campaign of a
2-22 candidate for public office.
2-23 Sec. 510.007. ACCOUNTABILITY AND AUTONOMY. (a) The
2-24 inspector general shall report to the board as necessary to carry
2-25 out the duties of the office of inspector general.
2-26 (b) The board may supervise the activities of the office of
2-27 the inspector general, but may not prevent the inspector general
3-1 from initiating, carrying out, or completing an audit or
3-2 investigation, or from issuing a subpoena during the course of an
3-3 audit or investigation.
3-4 Sec. 510.008. POWERS AND DUTIES. The office of inspector
3-5 general shall:
3-6 (1) conduct audits of and review and analyze the
3-7 effectiveness of the use of resources allocated to programs and
3-8 operations administered or financed by the department and conduct
3-9 investigations relating to those programs and operations;
3-10 (2) review existing and proposed legislation or rules
3-11 relating to programs and operations administered or financed by the
3-12 department to determine the impact of the legislation or rules on
3-13 the economy and efficiency in the administration of those programs
3-14 and operations or on the detection and prevention of fraud or abuse
3-15 in the administration of those programs and operations;
3-16 (3) recommend policies for the promotion of economy
3-17 and efficiency in the administration of programs and operations
3-18 administered or financed by the department and in the detection and
3-19 prevention of fraud and abuse in the administration of those
3-20 programs and operations;
3-21 (4) recommend policies for the coordination of
3-22 relationships between the department and federal agencies, other
3-23 state agencies, local governmental agencies, and nongovernmental
3-24 entities regarding:
3-25 (A) the promotion of economy and efficiency in
3-26 the administration of, or the prevention and detection of fraud and
3-27 abuse in, programs and operations administered or financed by the
4-1 department; or
4-2 (B) the identification and prosecution of
4-3 participants in any detected fraud or abuse; and
4-4 (5) provide current information to the board and the
4-5 legislature about fraud, abuse, deficiencies, and other problems in
4-6 the administration of programs and operations administered or
4-7 financed by the department, recommend corrective action concerning
4-8 those problems, and report on the progress of corrective action.
4-9 Sec. 510.009. ACCESS TO INFORMATION; ASSISTANCE. (a) The
4-10 inspector general, in administering this chapter, is entitled to:
4-11 (1) have access to all records, reports, audits,
4-12 reviews, documents, papers, recommendations, or other material
4-13 available to or in custody of the department that relate to a
4-14 program or operation for which the inspector general has
4-15 responsibility under this chapter;
4-16 (2) make any investigation or report of the
4-17 administration of a program or operation for which the inspector
4-18 general has responsibility under this chapter that the inspector
4-19 general determines is necessary or appropriate;
4-20 (3) have access to information in the custody of or
4-21 assistance from any state agency or local government that is
4-22 necessary to administer this chapter;
4-23 (4) have direct and prompt access to the board when
4-24 necessary for any purpose relating to the administration of this
4-25 chapter; and
4-26 (5) enter into contracts or make arrangements with
4-27 public agencies or private entities or individuals for audits,
5-1 studies, analyses, and other services as necessary to administer
5-2 this chapter, subject to the General Appropriations Act.
5-3 (b) The inspector general may issue subpoenas to compel the
5-4 production of information, documents, reports, answers, records,
5-5 accounts, papers, or other data and documentary evidence necessary
5-6 to administer this chapter. A district court may enforce a
5-7 subpoena issued by the inspector general under this chapter.
5-8 Sec. 510.010. PERSONNEL COMPLAINTS; INFORMATION. (a) The
5-9 inspector general may receive and investigate complaints or
5-10 information from an employee of the department concerning the
5-11 possible existence of:
5-12 (1) mismanagement;
5-13 (2) a gross waste of funds;
5-14 (3) an abuse of authority;
5-15 (4) a violation of law; or
5-16 (5) a substantial and specific danger to the public
5-17 health and safety.
5-18 (b) The inspector general may not disclose the identity of
5-19 the employee who makes the complaint or provides the information
5-20 without that employee's consent unless the inspector general
5-21 determines that disclosure is unavoidable during the course of the
5-22 investigation.
5-23 (c) An employee who has authority to take, direct others to
5-24 take, recommend, or approve any personnel action may not take or
5-25 threaten to take any action against an employee for making a
5-26 complaint or disclosing information to the inspector general,
5-27 unless the employee made the complaint or disclosed the information
6-1 with the knowledge that it was false or with wilful disregard for
6-2 its veracity.
6-3 Sec. 510.011. AUDITS. (a) In conducting an audit under
6-4 this chapter, the inspector general shall:
6-5 (1) comply with applicable state and federal law; and
6-6 (2) conduct the audit in accordance with generally
6-7 accepted auditing standards as prescribed by the state auditor, the
6-8 Institute of Internal Auditors, and the United States General
6-9 Accounting Office.
6-10 (b) The inspector general shall establish guidelines for
6-11 determining when it is appropriate to require an independent audit
6-12 and shall take action necessary to ensure that any audit conducted
6-13 by an independent auditor complies with the requirements of
6-14 Subsection (a).
6-15 Sec. 510.012. COOPERATION WITH OTHER STATE AGENCIES. The
6-16 inspector general shall cooperate with the state auditor and the
6-17 comptroller in administering this chapter.
6-18 Sec. 510.013. REPORT OF VIOLATION OF CRIMINAL LAW. (a) The
6-19 inspector general shall promptly report to the attorney general and
6-20 to the local attorney representing the state in the prosecution of
6-21 felonies if as a result of an audit or investigation under this
6-22 chapter the inspector general has reasonable cause to believe there
6-23 has been a violation of state criminal law.
6-24 (b) The inspector general shall promptly report to the
6-25 United States district attorney for the appropriate judicial
6-26 district if as a result of an audit or investigation under this
6-27 chapter the inspector general has reasonable cause to believe there
7-1 has been a violation of federal criminal law.
7-2 Sec. 510.014. SEMIANNUAL AND EMERGENCY REPORTS. (a) The
7-3 inspector general shall prepare and submit to the board not later
7-4 than May 1 and November 1 of each year a written report that
7-5 summarizes the activities of the office of the inspector general
7-6 during the preceding six-month period. The report shall:
7-7 (1) describe any significant problem, abuse, or
7-8 deficiency in the administration of a program or operation
7-9 administered or funded by the department disclosed by the inspector
7-10 general during the reporting period;
7-11 (2) describe any corrective action recommended by the
7-12 inspector general during the reporting period with respect to a
7-13 problem, abuse, or deficiency described by Subdivision (1);
7-14 (3) identify each significant recommendation submitted
7-15 in a previous semiannual report for which corrective action is not
7-16 complete;
7-17 (4) summarize matters referred to prosecuting
7-18 authorities during the reporting period and the disposition of
7-19 those matters;
7-20 (5) identify each report submitted to the board under
7-21 this chapter during the reporting period; and
7-22 (6) list each audit report completed by the office
7-23 during the reporting period.
7-24 (b) Not later than the 30th day after receipt of a report
7-25 under Subsection (a), the board shall send the report to the
7-26 governor and to the legislature and shall include with the report
7-27 any written recommendation the board determines is appropriate. On
8-1 request, the board shall also make copies of the report available
8-2 to the public at reasonable cost.
8-3 (c) The inspector general shall immediately report to the
8-4 board on receipt of information indicating a particularly serious
8-5 or flagrant problem, abuse, or deficiency relating to the
8-6 administration of a program or operation administered or financed
8-7 by the department. Not later than the seventh day after receipt of
8-8 a report under this subsection, the board shall send the report to
8-9 the governor and the presiding officer of each house of the
8-10 legislature and shall include with the report any written
8-11 recommendation the board determines is appropriate.
8-12 SECTION 2. Section 493.0081, Government Code, is repealed.
8-13 SECTION 3. (a) As soon as possible after the effective date
8-14 of this Act, but not later than January 1, 1998, the governor shall
8-15 appoint an inspector general for the Texas Department of Criminal
8-16 Justice. The initial term of the inspector general ends on
8-17 February 1, 1999.
8-18 (b) During the period between the effective date of this Act
8-19 and the date the inspector general appointed under Subsection (a)
8-20 of this section qualifies for office, the office of internal audits
8-21 continues to keep the same functions it had under the law as it
8-22 existed immediately before the effective date of this Act, and the
8-23 former law is continued in effect for that purpose. On the date an
8-24 inspector general is appointed and qualifies for office under
8-25 Subsection (a) of this section, that inspector general shall assume
8-26 the functions of the office of internal audits transferred to the
8-27 inspector general under the law as it is amended by this Act and
9-1 the office of internal audits is abolished.
9-2 SECTION 4. This Act takes effect September 1, 1997.
9-3 SECTION 5. The importance of this legislation and the
9-4 crowded condition of the calendars in both houses create an
9-5 emergency and an imperative public necessity that the
9-6 constitutional rule requiring bills to be read on three several
9-7 days in each house be suspended, and this rule is hereby suspended.