By Wolens                                             H.B. No. 2906

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the duties of the state auditor, state audits, and

 1-3     investigations.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 7.022, Education Code, is amended to read

 1-6     as follows:

 1-7           Sec. 7.022.  INTERNAL AUDIT.  [(a)]  The auditor appointed by

 1-8     the commissioner under Section 7.055 shall coordinate the agency's

 1-9     efforts to evaluate and improve its internal operations.

1-10           [(b)  The state auditor shall review the quality and

1-11     effectiveness of the agency's process for auditing internal

1-12     operations and shall report the state auditor's findings to the

1-13     commissioner and the board.]

1-14           SECTION 2.  Section 321.008, Government Code, is amended to

1-15     read as follows:

1-16           Sec. 321.008.  QUALIFYING FOR OFFICE.  (a)  To qualify for

1-17     office, the State Auditor must take the constitutional oath of

1-18     office [and execute a bond in an amount determined by the committee

1-19     to be sufficient to protect the state's interests, payable to the

1-20     governor.  The bond must be approved by the committee, be

1-21     conditioned on the faithful discharge of his duties, and have a

1-22     solvent surety company as surety.  At least once in each five-year

1-23     period, the committee shall review the amount of the bond and

1-24     adjust the amount as necessary to take account of changed

 2-1     conditions].

 2-2           (b)  The State Auditor must file the oath [and approved bond]

 2-3     with the secretary of state not later than the 10th day after the

 2-4     date on which the committee appointed the State Auditor, or the

 2-5     committee or a majority of the committee members shall appoint

 2-6     another qualified person as State Auditor.

 2-7           [(c)  The state shall pay the premium to the surety company

 2-8     for the execution of the bond required by Subsection (a).]

 2-9           SECTION 3.  Section 321.014, Government Code, is amended by

2-10     adding Subsections (f) and (g) to read as follows:

2-11           (f)  Each audited department or entity shall report on the

2-12     manner in which the department or entity has addressed the findings

2-13     and recommendations that are included in a report prepared by the

2-14     state auditor under this section.  The state auditor shall

2-15     prescribe the form and schedule for a report by the department or

2-16     entity under this subsection.

2-17           (g)  If a department or entity does not implement a change

2-18     recommended by the state auditor's report, the department or entity

2-19     shall file a report with the persons specified by Subsection (c).

2-20     The report must:

2-21                 (1)  identify the recommendation the department or

2-22     entity did not implement; and

2-23                 (2)  state the reason the department or entity did not

2-24     implement the recommendation.

2-25           SECTION 4.  Chapter 321, Government Code, is amended by

2-26     adding Section 321.020 to read as follows:

2-27           Sec. 321.020.  COORDINATION OF CERTAIN AUDITS.

 3-1     (a)  Notwithstanding any other law, a state agency, or a

 3-2     corporation that is dedicated to the benefit of a state agency and

 3-3     that meets the criteria specified by Section B, Article 2.23B,

 3-4     Texas Non-Profit Corporation Act (Article 1396-2.23B, Vernon's

 3-5     Texas Civil Statutes), may employ a private auditor to audit the

 3-6     state agency or corporation only if:

 3-7                 (1)  the agency or corporation is authorized to do so

 3-8     by law or through a delegation of authority from the state auditor;

 3-9                 (2)  the scope of the proposed audit has been submitted

3-10     to the state auditor for review and comment; and

3-11                 (3)  the services of the private auditor are procured

3-12     through a competitive selection process in a manner allowed by law.

3-13           (b)  At the joint direction of the lieutenant governor and

3-14     the speaker of the house of representatives, the state auditor

3-15     shall provide contract management services to the agency or

3-16     corporation for an audit described by this section.

3-17           SECTION 5.  Chapter 321, Government Code, is amended by

3-18     adding Section 321.022 to read as follows:

3-19           Sec. 321.022.  COORDINATION OF INVESTIGATIONS.  (a)  If the

3-20     administrative head of a department or entity that is subject to

3-21     audit by the state auditor has reasonable cause to believe that

3-22     money received from the state by the department or entity or by a

3-23     client or contractor of the department or entity may have been

3-24     lost, misappropriated, or misused, or that other fraudulent or

3-25     unlawful conduct has occurred in relation to the operation of the

3-26     department or entity, the administrative head shall report the

3-27     reason and basis for the belief to the state auditor.  The state

 4-1     auditor may investigate the report or may monitor any investigation

 4-2     conducted by the department or entity.

 4-3           (b)  The state auditor, in consultation with state agencies

 4-4     and institutions, shall prescribe the form, content, and timing of

 4-5     a report required by this section.

 4-6           (c)  All records of a communication by or to the state

 4-7     auditor relating to a report to the state auditor under Subsection

 4-8     (a) are audit working papers of the state auditor.

 4-9           SECTION 6.  Section 403.024(b), Government Code, as added by

4-10     Section 5.30, Chapter 76, Acts of the 74th Legislature, Regular

4-11     Session, 1995, is amended to read as follows:

4-12           (b)  In this section, "state agency" has the meaning assigned

4-13     by Section 2056.001 [403.013].

4-14           SECTION 7.  Subchapter F, Chapter 411, Government Code, is

4-15     amended by adding Section 411.132 to read as follows:

4-16           Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

4-17     STATE AUDITOR.  (a)  The state auditor is entitled to obtain from

4-18     the department criminal history record information for purposes of:

4-19                 (1)  performing risk assessment in devising the annual

4-20     audit plan; or

4-21                 (2)  performing an investigation under Chapter 321 of

4-22     specified acts or allegations of impropriety, malfeasance, or

4-23     nonfeasance.

4-24           (b)  The department and the state auditor shall enter into an

4-25     agreement providing the state auditor with electronic access to the

4-26     information that includes appropriate safeguards against

4-27     unauthorized disclosure of the information.

 5-1           (c)  Except as provided by Subsection (d), information

 5-2     obtained by the state auditor under Subsection (a) may not be

 5-3     released or disclosed to any person except on court order or with

 5-4     the consent of the person who is the subject of the criminal

 5-5     history record information.

 5-6           (d)  If, in the judgment of the state auditor, information

 5-7     obtained under Subsection (a) indicates a substantial risk to the

 5-8     interests of the state, the state auditor shall report the

 5-9     information to the legislative audit committee and to the

5-10     administrative head of the affected agency.  The reports are audit

5-11     working papers of the state auditor.

5-12           (e)  The state auditor shall destroy information obtained

5-13     under Subsection (a) when the information is no longer needed for

5-14     audit purposes or to support audit findings.

5-15           SECTION 8.  Section 2102.003(3), Government Code, is amended

5-16     to read as follows:

5-17                 (3)  "State agency" means [includes] a department,

5-18     board, bureau, institution, commission, or other agency in the

5-19     executive branch of state government [of the state].

5-20           SECTION 9.  Section 2102.005, Government Code, is amended to

5-21     read as follows:

5-22           Sec. 2102.005.  INTERNAL AUDITING REQUIRED.  A state agency

5-23     shall conduct a [full-time] program of internal auditing that

5-24     includes:

5-25                 (1)  an annual audit plan that is prepared using risk

5-26     assessment techniques and that identifies the individual audits to

5-27     be conducted during the year; and

 6-1                 (2)  periodic audits of the agency's major systems and

 6-2     controls, including:

 6-3                       (A)  accounting systems and controls;

 6-4                       (B)  administrative systems and controls; and

 6-5                       (C)  electronic data processing systems and

 6-6     controls.

 6-7           SECTION 10.  Section 2102.009, Government Code, is amended to

 6-8     read as follows:

 6-9           Sec. 2102.009.  ANNUAL REPORT.  [(a)]  The internal auditor

6-10     shall prepare an annual report and submit the report  before

6-11     November 1 of each year to the governor, the Legislative Budget

6-12     Board, the Sunset Advisory Commission, the state auditor, the state

6-13     agency's governing board, and the administrator.  The state auditor

6-14     shall prescribe the form and content of the report, subject to the

6-15     approval of the legislative audit committee.

6-16           [(b)  The report must contain:]

6-17                 [(1)  a copy of the annual audit plan;]

6-18                 [(2)  a list of audits completed;]

6-19                 [(3)  an explanation of any deviation from the approved

6-20     annual audit plan;]

6-21                 [(4)  a narrative description of the most significant

6-22     findings and recommendations for each audit;]

6-23                 [(5)  a narrative description of the management actions

6-24     taken in response to the audit findings and recommendations;]

6-25                 [(6)  a table listing the auditor's audit

6-26     recommendations and the five-year fiscal impact for each

6-27     recommendation;]

 7-1                 [(7)  a table of the audit recommendations from the

 7-2     previous fiscal year's report and an explanation of the status of

 7-3     each recommendation; and]

 7-4                 [(8)  a statement of the last date on which an external

 7-5     peer review of the agency's internal audit program was conducted.]

 7-6           [(c)  Each audit recommendation must show whether:]

 7-7                 [(1)  the recommendation has been implemented;]

 7-8                 [(2)  the recommendation is in the process of

 7-9     implementation;]

7-10                 [(3)  action on implementation of the recommendation

7-11     has been delayed; or]

7-12                 [(4)  the agency does not intend to take action on the

7-13     recommendation.]

7-14           [(d)  The report must emphasize the findings in important

7-15     areas that are difficult to quantify, including weaknesses in

7-16     management controls or quality of services.]

7-17           SECTION 11.  Subsections (d), (e), and (f), Section 12,

7-18     Article 21.28, Insurance Code, are amended to read as follows:

7-19           (d)  Audit.  The state auditor may [shall] conduct an

7-20     [annual] audit of the liquidator in accordance with the audit plan

7-21     reviewed and approved by the legislative audit committee.  The

7-22     audits authorized [or required] by this subsection shall be

7-23     conducted in the manner provided by Chapter 321, Government Code.

7-24           (e)  Contents of Auditor's Report.  The state auditor's

7-25     report of the audit authorized [required] by Subsection (d) of this

7-26     section may include:

7-27                 (1)  an analysis of the overall performance of the

 8-1     liquidator;

 8-2                 (2)  an analysis of the liquidator's financial

 8-3     operations and condition;

 8-4                 (3)  an analysis of receipts and expenditures made in

 8-5     connection with each audited receivership and an analysis of the

 8-6     adequacy of the receiver's bond in relation to assets, receipts,

 8-7     and expenditures;

 8-8                 (4)  the amount of funds made available to the

 8-9     liquidator by a guaranty association in connection with each

8-10     audited receivership and a detail of the purpose and manner of

8-11     expenditure of such funds;

8-12                 (5)  the ratio of the total amount of claims paid to

8-13     the total costs incurred in connection with each audited

8-14     receivership;

8-15                 (6)  the ratio of the liquidator's administrative

8-16     expenses to the total costs incurred in connection with each

8-17     audited receivership; or

8-18                 (7)  an analysis of the feasibility of using attorneys

8-19     who are employees of the liquidator in all litigation.

8-20           (f)  Filing of Auditor's Reports.  Copies of the auditor's

8-21     report shall be filed[,] in the manner required by Section 321.014,

8-22     Government Code[, not later than March 31 of the year following the

8-23     year covered by the audit].  An additional copy of the report shall

8-24     be filed with the board and the commissioner.

8-25           SECTION 12.  Article 26.57(a), Insurance Code, is amended to

8-26     read as follows:

8-27           (a)  The transactions of the system are subject to audit by

 9-1     the state auditor in accordance with [shall conduct annually  a

 9-2     special audit of the system under] Chapter 321, Government Code.

 9-3     [The state auditor's report shall include a financial audit and an

 9-4     economy and efficiency audit.]

 9-5           SECTION 13.  Section 223.041, Transportation Code, is amended

 9-6     to read as follows:

 9-7           Sec. 223.041.  ENGINEERING AND DESIGN CONTRACTS.  (a)  The

 9-8     department's policy regarding the regular use of private sector

 9-9     professional services for preliminary and construction engineering

9-10     and engineering design shall achieve a balance between the use of

9-11     department employees and the use of private contractors if the

9-12     costs are equivalent.

9-13           (b)  [The office of the state auditor shall determine

9-14     relevant costs to be considered under Subsection (a).]

9-15           [(c)]  The commission may provide for hearings at which

9-16     private sector complaints relating to the selection process are

9-17     heard.

9-18           SECTION 14.  Section 58.017, Agriculture Code, is amended to

9-19     read as follows:

9-20           Sec. 58.017.  PERFORMANCE MEASURES [COST-BENEFIT REPORT].

9-21     The board, in conjunction with the Legislative Budget Board, the

9-22     state auditor, and the Office of the Governor, shall develop a

9-23     minimum of two performance measures that provide information on the

9-24     benefits of the authority's loan programs.  The performance

9-25     measures shall be included in the report required under Section

9-26     58.016(d) of this code or as a component of the measures

9-27     incorporated into the Appropriations Act  [(a)  The board shall

 10-1    perform a biennial cost-benefit study of the authority's active and

 10-2    inactive programs and prepare a report regarding that study.  The

 10-3    study must include an examination of the number of jobs created or

 10-4    retained in this state as a result of each program and the costs

 10-5    and benefits associated with those jobs].

 10-6          [(b)  The chairman of the board shall file the report

 10-7    prepared under Subsection (a) with the state auditor before

 10-8    December 1 of each even-numbered year.]

 10-9          [(c)  The state auditor shall review the report filed under

10-10    Subsection (b) and send the report and the auditor's comments

10-11    regarding the methodology used by the authority in performing the

10-12    cost-benefit study to the governor and the presiding officer of

10-13    each house of the legislature not later than February 1 of each

10-14    odd-numbered year.  The state auditor shall provide assistance to

10-15    the department in preparing the report required by this section.]

10-16          SECTION 15.  The following laws are repealed:

10-17                (1)  Section 61.029(e), Education Code;

10-18                (2)  Section 321.013(j), Government Code;

10-19                (3)  Section 321.015, Government Code;

10-20                (4)  Section 2303.0525, Government Code; and

10-21                (5)  Section 15A, Texas State College and University

10-22    Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's

10-23    Texas Insurance Code).

10-24          SECTION 16.  The importance of this legislation and the

10-25    crowded condition of the calendars in both houses create an

10-26    emergency and an imperative public necessity that the

10-27    constitutional rule requiring bills to be read on three several

 11-1    days in each house be suspended, and this rule is hereby suspended.