1-1     By:  Hochberg (Senate Sponsor - Shapiro)               H.B. No. 609
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Finance;
 1-4     May 11, 2001, reported favorably by the following vote:  Yeas 10,
 1-5     Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to internal auditing of state agencies.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 2102.004, Government Code, is amended to
1-11     read as follows:
1-12           Sec. 2102.004.  APPLICABILITY.  This chapter applies [only]
1-13     to each [a] state agency that receives an appropriation [:]
1-14                 [(1)  has an operating budget exceeding $10 million
1-15     annually;]
1-16                 [(2)  has a staff of more than 300 employees; or]
1-17                 [(3)  receives and processes cash items in excess of
1-18     $10 million annually].
1-19           SECTION 2. Section 2102.006(a), Government Code, is amended
1-20     to read as follows:
1-21           (a)  The governing board of a state agency or [its designee,
1-22     or] the administrator of a state agency that does not have
1-23     [without] a governing board[,] shall appoint an internal auditor.
1-24           SECTION 3. Section 2102.007(a), Government Code, is amended
1-25     to read as follows:
1-26           (a)  The internal auditor shall:
1-27                 (1)  report directly to the state agency's governing
1-28     board or the administrator of the state agency if the state agency
1-29     does not have a  governing board;
1-30                 (2)  develop an annual audit plan;
1-31                 (3)  conduct audits as specified in the audit plan and
1-32     document deviations;
1-33                 (4)  prepare audit reports;
1-34                 (5)  conduct quality assurance reviews in accordance
1-35     with professional standards as provided by Section 2102.011 and
1-36     periodically take part in a comprehensive external peer review; and
1-37                 (6)  conduct economy and efficiency audits and program
1-38     results audits as directed by the state agency's governing board or
1-39     the administrator of the state agency if the state agency does not
1-40     have a governing board.
1-41           SECTION 4. Sections 2102.008, 2102.0091, and 2102.010,
1-42     Government Code, are amended to read as follows:
1-43           Sec. 2102.008.  APPROVAL OF AUDIT PLAN AND AUDIT REPORT. The
1-44     annual audit plan developed by the internal auditor must be
1-45     approved by the state agency's governing board [or its designee,]
1-46     or by the administrator of a state agency if the state agency does
1-47     not have [without] a governing board.  Audit reports must be
1-48     reviewed by the state agency's governing board and the
1-49     administrator.
1-50           Sec. 2102.0091.  REPORTS OF PERIODIC AUDITS. (a)  A state
1-51     agency shall file with the Sunset Advisory Commission, the budget
1-52     division of the governor's office, the state auditor, and the
1-53     Legislative Budget Board a copy of each report submitted to the
1-54     state agency's governing board [body] or the administrator of the
1-55     state agency if the state agency does not have a governing board
1-56     [its designee] by the agency's internal auditor.
1-57           (b)  Each report shall be filed not later than the 30th day
1-58     after the date the report is submitted to the state agency's
1-59     governing board [body] or the administrator of the state agency if
1-60     the state agency does not have a governing board [its designee].
1-61           (c)  In addition to the requirements of Subsection (a), a
1-62     state agency shall file with the budget division of the governor's
1-63     office, the state auditor, and the Legislative Budget Board any
1-64     action plan or other response issued by the state agency's
 2-1     governing board or the administrator of the state agency if the
 2-2     state agency does not have a governing board [body] in response to
 2-3     the report of the state agency's internal auditor.
 2-4           Sec. 2102.010.  CONSULTATIONS. An internal auditor may
 2-5     consult the state agency's governing board or the administrator of
 2-6     the state agency if the state agency does not have a governing
 2-7     board, the governor's office, the state auditor, and legislative
 2-8     agencies or committees about matters affecting duties or
 2-9     responsibilities under this chapter.
2-10           SECTION 5. A state agency to which Chapter  2102, Government
2-11     Code, did not apply before September 1, 2001, that becomes subject
2-12     to Chapter 2102, Government Code, on September 1, 2001:
2-13                 (1)  shall appoint an internal auditor, as that chapter
2-14     requires, not later than January 1, 2002; and
2-15                 (2)  is not required to submit an annual  report under
2-16     Section 2102.009, Government Code, until October 31, 2002.
2-17           SECTION 6.  This Act takes effect September 1, 2001.
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