By:  Nelson                                            S.B. No. 703

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the consolidation of the fiscal and program audit

 1-2     functions of the Texas Department of Criminal Justice.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsection (a), Section 491.001, Government Code,

 1-5     is amended to read as follows:

 1-6           (a)  In this subtitle, except for Chapter 511:

 1-7                 (1)  "Board" means the Texas Board of Criminal Justice.

 1-8                 (2)  "Community justice assistance division" means the

 1-9     community justice assistance division of the department.

1-10                 (3)  "Department" means the Texas Department of

1-11     Criminal Justice, except in Chapter 509.

1-12                 (4)  "Executive director" means the executive director

1-13     of the department.

1-14                 (5)  "Institutional division" means the institutional

1-15     division of the department.

1-16                 (6)  "Internal audit division" means the internal audit

1-17     division of the department.

1-18                 (7)  "Pardons and paroles division" means the pardons

1-19     and paroles division of the department.

1-20                 (8) [(7)]  "State jail division" means the state jail

1-21     division of the department.

1-22           SECTION 2.  Subsections (a) and (c), Section 493.002,

1-23     Government Code, are amended to read as follows:

1-24           (a)  The following divisions are within the department:

 2-1                 (1)  the community justice assistance division;

 2-2                 (2)  the institutional division;

 2-3                 (3)  the pardons and paroles division; [and]

 2-4                 (4)  the state jail division; and

 2-5                 (5)  the internal audit division.

 2-6           (c)  Except as provided by Section 493.0052, the [The]

 2-7     executive director shall hire a director for each division in the

 2-8     department, and each[.  Each] director serves at the pleasure of

 2-9     the executive director.

2-10           SECTION 3.  Section 493.0081, Government Code, is

2-11     redesignated as Section 493.0052, Government Code, and amended to

2-12     read as follows:

2-13           Sec. 493.0052 [493.0081].  [OFFICE OF] INTERNAL AUDIT

2-14     DIVISION [AUDITS].  (a)  The board shall hire a director for

2-15     [create within] the [department an office of] internal audit

2-16     division [audits].  [The board shall employ a chief of the office

2-17     of internal audits based on recommendations from the executive

2-18     director regarding qualified candidates for the position.]  The

2-19     employment of the director [chief of the office of internal audits]

2-20     may be terminated only with the approval of the board.

2-21           (b)  The [office of] internal audit division [audits] shall

2-22     conduct a program of internal auditing in accordance with Chapter

2-23     2102.  The program may include internal audits, contract audits,

2-24     and community supervision and corrections department audits for the

2-25     department.  The division shall:

2-26                 (1)  conduct recurring financial and management audits;

2-27                 (2)  conduct internal audits to evaluate department

 3-1     programs and the economy and efficiency of those programs; and

 3-2                 (3)  recommend improvements in management and programs

 3-3     on the basis of evaluations made under this subsection.

 3-4           (c)  The director [chief of the office] of the internal audit

 3-5     division [audits] shall send reports, audits, evaluations, and

 3-6     recommendations to the board and to the executive director.  The

 3-7     director [chief] shall report directly to the board at least once a

 3-8     year on:

 3-9                 (1)  the activities of the division [office]; and

3-10                 (2)  the response of the department to recommendations

3-11     made by the division [office].

3-12           (d)  The director [chief] shall report directly to the board

3-13     on other matters at the times required by board policy.

3-14           (e)  The office of the state auditor shall provide ongoing

3-15     training and technical assistance for the benefit of the internal

3-16     audit division and the department's managers.  The training and

3-17     assistance provided shall include training and assistance with

3-18     respect to the design and implementation of effective internal

3-19     audit plans, the development of practical fiscal oversight

3-20     strategies that are prioritized according to degree of risk, and

3-21     the advancement of antifraud measures.  The state auditor's office

3-22     shall assist the department in preparing the annual audit plan

3-23     required by Section 2102.005 for fiscal years 1998 and 1999.  This

3-24     subsection expires January 1, 2000.

3-25           SECTION 4.  Chapter 493, Government Code, is amended by

3-26     adding Section 493.0082 to read as follows:

3-27           Sec. 493.0082.  DISPOSITION OF CERTAIN FINANCIAL ASSETS.

 4-1     (a)  All money and other financial assets collected or received by

 4-2     the department shall be deposited:

 4-3                 (1)  in the general revenue fund of the state treasury;

 4-4                 (2)  in trust with the comptroller; or

 4-5                 (3)  in a local bank account on approval by the

 4-6     comptroller.

 4-7           (b)  For purposes of this section, a financial asset

 4-8     collected or received by the department includes:

 4-9                 (1)  an asset held outside the state treasury; or

4-10                 (2)  an asset held in trust by the department, such as

4-11     money held in an inmate or employee trust account or in an

4-12     education and recreation account.

4-13           SECTION 5.  Subsection (a), Section 509.005, Government Code,

4-14     is amended to read as follows:

4-15           (a)  The community justice assistance division shall from

4-16     time to time [may] inspect and evaluate and the internal audit

4-17     division may at any reasonable time [a department or] conduct an

4-18     audit of the financial, program compliance, or performance records

4-19     of a department [at any reasonable time] to determine:

4-20                 (1)  compliance with the division's rules and

4-21     standards;

4-22                 (2)  economical and efficient use of resources;

4-23                 (3)  accomplishment of goals and objectives;

4-24                 (4)  reliability and integrity of information; and

4-25                 (5)  safeguarding of assets.

4-26           SECTION 6.  This Act takes effect September 1, 1997.

4-27           SECTION 7.  Not later than October 1, 1997, the custodian of

 5-1     a fund or account in which a financial asset, including money, is

 5-2     held by the Texas Department of Criminal Justice outside of the

 5-3     state treasury shall deposit that asset in the general revenue fund

 5-4     of the state treasury, in trust with the comptroller of public

 5-5     accounts, or in a local bank account as required by Section

 5-6     493.0082, Government Code, as added by this Act.

 5-7           SECTION 8.  The importance of this legislation and the

 5-8     crowded condition of the calendars in both houses create an

 5-9     emergency and an imperative public necessity that the

5-10     constitutional rule requiring bills to be read on three several

5-11     days in each house be suspended, and this rule is hereby suspended.