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.