By Hochberg                                            H.B. No. 609
         77R1393 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to internal auditing of state agencies.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 2102.006(a), Government Code, is amended
 1-5     to read as follows:
 1-6           (a)  The governing board of a state agency or [its designee,
 1-7     or] the administrator of a state agency that does not have
 1-8     [without] a governing board[,] shall appoint an internal auditor.
 1-9           SECTION 2. Section 2102.007(a), Government Code, is amended
1-10     to read as follows:
1-11           (a)  The internal auditor shall:
1-12                 (1)  report directly to the state agency's governing
1-13     board or the administrator of the state agency if the state agency
1-14     does not have a  governing board;
1-15                 (2)  develop an annual audit plan;
1-16                 (3)  conduct audits as specified in the audit plan and
1-17     document deviations;
1-18                 (4)  prepare audit reports;
1-19                 (5)  conduct quality assurance reviews in accordance
1-20     with professional standards and periodically take part in a
1-21     comprehensive external peer review; and
1-22                 (6)  conduct economy and efficiency audits and program
1-23     results audits as directed by the state agency's governing board or
1-24     the administrator of the state agency if the state agency does not
 2-1     have a governing board.
 2-2           SECTION 3. Section 2102.008, Government Code, is amended to
 2-3     read as follows:
 2-4           Sec. 2102.008.  APPROVAL OF AUDIT PLAN AND AUDIT REPORT. The
 2-5     annual audit plan developed by the internal auditor must be
 2-6     approved by the state agency's governing board [or its designee,]
 2-7     or by the administrator of a state agency if the state agency does
 2-8     not have [without] a governing board.  Audit reports must be
 2-9     reviewed by the state agency'sgoverning board and the
2-10     administrator.
2-11           SECTION 4. Section 2102.0091, Government Code, is amended to
2-12     read as follows:
2-13           Sec. 2102.0091.  REPORTS OF PERIODIC AUDITS. (a)  A state
2-14     agency shall file with the budget division of the governor's
2-15     office, the state auditor, and the Legislative Budget Board a copy
2-16     of each report submitted to the state agency's governing board
2-17     [body] or the administrator of the state agency if the state agency
2-18     does not have a governing board [its designee] by the agency's
2-19     internal auditor.
2-20           (b)  Each report shall be filed not later than the 30th day
2-21     after the date the report is submitted to the state agency's
2-22     governing board [body] or the administrator of the state agency if
2-23     the state agency does not have a governing board [its designee].
2-24           (c)  In addition to the requirements of Subsection (a), a
2-25     state agency shall file with the budget division of the governor's
2-26     office, the state auditor, and the Legislative Budget Board any
2-27     action plan or other response issued by the state agency's
 3-1     governing board or the administrator of the state agency if the
 3-2     state agency does not have a governing board [body] in response to
 3-3     the report of the state agency's internal auditor.
 3-4           SECTION 5. Section 2102.010, Government Code, is amended to
 3-5     read as follows:
 3-6           Sec. 2102.010.  CONSULTATIONS. An internal auditor may
 3-7     consult the state agency's governing board or the administrator of
 3-8     the state agency if the state agency does not have a governing
 3-9     board, the governor's office, the state auditor, and legislative
3-10     agencies or committees about matters affecting duties or
3-11     responsibilities under this chapter.
3-12           SECTION 6. Section 2102.004, Government Code, is repealed.
3-13           SECTION 7. A state agency to which Chapter 2102, Government
3-14     Code, did not apply before September 1, 2001, that becomes subject
3-15     to Chapter 2102, Government Code, on September 1, 2001:
3-16                 (1)  shall appoint an internal auditor, as that chapter
3-17     requires, not later than January 1, 2002; and
3-18                 (2)  is not required to submit an annual report under
3-19     Section 2102.009, Government Code, until October 31, 2002.
3-20           SECTION 8. This Act takes effect September 1, 2001.