By Galloway                                     H.B. No. 2775
      75R8613 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring a report by a private auditor as part of the
 1-3     sunset review process.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 325, Government Code, is amended by
 1-6     adding Section 325.0075 to read as follows:
 1-7           Sec. 325.0075.  REPORT BY PRIVATE AUDITOR.  (a)  Before
 1-8     October 1 of the odd-numbered year before the year in which a state
 1-9     agency subject to this chapter is scheduled to be abolished, the
1-10     state auditor shall issue a request for proposals from
1-11     nongovernmental entities that are engaged in the business of
1-12     auditing to audit the agency in accordance with this section. The
1-13     purpose of the audit is to provide information about a state agency
1-14     directly to the legislature for consideration during the regular
1-15     legislative session preceding the scheduled abolition date of the
1-16     agency.  The state auditor shall award the contract to the
1-17     nongovernmental entity that is capable of performing the work that
1-18     presents the proposal that is most advantageous to the state.
1-19           (b)  The auditor awarded the contract shall determine:
1-20                 (1)  whether the agency has received, obligated, spent,
1-21     and granted public money in accordance with the purpose for which
1-22     the money was appropriated or otherwise entrusted to the agency and
1-23     in accordance with any limitations, directions, or other conditions
1-24     imposed by law on the use of the money;
 2-1                 (2)  whether the agency is managing and using its
 2-2     resources, including money, personnel, property, equipment, and
 2-3     space, in an economical and efficient manner;
 2-4                 (3)  whether the agency is effectively and efficiently
 2-5     achieving the purposes for which the agency was created; and
 2-6                 (4)  any other matter relating to the agency that the
 2-7     commission directs the state auditor to include in the request for
 2-8     proposals.
 2-9           (c)  The auditor awarded the contract shall complete the
2-10     audit and publish its audit report not later than June 30 of the
2-11     even-numbered year before the year in which the state agency
2-12     subject to this chapter is scheduled to be abolished. The audit
2-13     report is public information subject to required public disclosure
2-14     in accordance with Chapter 552.
2-15           (d)  The auditor awarded the contract shall state in the
2-16     audit report the auditor's opinion about the financial statements
2-17     of the agency.  The auditor shall also comment in the audit report
2-18     on the agency's internal controls and compliance with state and
2-19     federal law and on ways in which the agency can improve its
2-20     operations and the effectiveness of its programs.
2-21           (e)  The auditor awarded the contract shall send the audit
2-22     report to the governor, the commission, the state auditor, the
2-23     Legislative Reference Library, the chair of the standing committee
2-24     of each house of the legislature that has subject matter
2-25     jurisdiction over the audited agency, and the presiding officer and
2-26     administrative head of the audited agency.
2-27           (f)  The state auditor periodically shall send a notice to
 3-1     each member of the legislature that states which reports or audits
 3-2     under this section have been completed most recently and are
 3-3     available.
 3-4           SECTION 2.  Section 325.008(a), Government Code, is amended
 3-5     to read as follows:
 3-6           (a)  Before September 1 of the even-numbered year before the
 3-7     year in which a state agency subject to this chapter and its
 3-8     advisory committees are abolished, the commission shall:
 3-9                 (1)  review and take action necessary to verify the
3-10     reports submitted by the agency under Section 325.007;
3-11                 (2)  consult the Legislative Budget Board, the
3-12     Governor's Budget and Planning Office, the State Auditor, and the
3-13     comptroller of public accounts, or their successors, on the
3-14     application to the agency of the criteria provided in Section
3-15     325.011;
3-16                 (3)  consider the audit report on the agency prepared
3-17     under Section 325.0075, conduct a performance evaluation of the
3-18     agency based on the criteria provided in Section 325.011, and
3-19     prepare a written report; and
3-20                 (4)  review the implementation of commission
3-21     recommendations contained in the reports presented to the
3-22     legislature during the preceding legislative session.
3-23           SECTION 3.  This Act takes effect September 1, 1997.
3-24           SECTION 4.  The importance of this legislation and the
3-25     crowded condition of the calendars in both houses create an
3-26     emergency and an imperative public necessity that the
3-27     constitutional rule requiring bills to be read on three several
 4-1     days in each house be suspended, and this rule is hereby suspended.