SRC-JJJ, JBJ S.B. 1419 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1419
By: Lucio
State Affairs
7/26/1999
Enrolled


DIGEST 

Currently, the Office of the Attorney General (OAG) Administrative Rules
require all state agencies to refer delinquent obligations to the OAG after
"normal agency collection procedures have failed" and to file annual debt
reports with the OAG within 90 days of the close of each fiscal year.
These rules were authorized under Section 2107.005, Government Code.
However, the collection requirement regarding normal collection procedures
is ambiguous.  In addition, the deadline could be more efficient as a
statutory requirement rather than an administrative rule and be moved back
to 120 days rather than 30 days.  S.B. 1419 will amend the requirements for
reporting and referring certain delinquent obligations to the attorney
general. 

PURPOSE

As enrolled, S.B. 1419 amends the requirements for referring and reporting
certain delinquent obligations to the attorney general. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2107.004, Government Code, to require an agency
to report an uncollected and delinquent obligation to the attorney general
for further collection efforts not later than the 120th, rather than the
30th, day after the date an obligation becomes delinquent or past due or
the 30th day after the comptroller determines that its efforts to collect
an obligation owed the agency have failed. 

SECTION 2.  Amends Section 2107.005, Government Code, to require each state
agency to file an annual debt report with the attorney general by a certain
date.  Requires the report to contain the information required by rules
adopted under this section by the attorney general. 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.