By Garcia                                             H.B. No. 2039
         77R6432 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an independent audit of the Texas Education Agency.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. (a)  An independent certified public accountant or
 1-5     firm of independent certified public accountants selected as
 1-6     provided by Subsection (b) of this section shall conduct a
 1-7     comprehensive audit of the Texas Education Agency.  The audit must
 1-8     include an examination of the use and effectiveness of and
 1-9     procedures used and actions taken in connection with the adoption
1-10     or development, administration, and grading of assessment
1-11     instruments prescribed by Sections 39.023(a), (c), and (l),
1-12     Education Code.  The certified public accountant or firm performing
1-13     the audit may contract with one or more persons with expertise in
1-14     the field of educational testing or public school accountability to
1-15     the extent necessary to perform the audit prescribed by this
1-16     subsection.
1-17           (b)  The certified public accountant or firm of certified
1-18     public accountants performing the audit prescribed by  Subsection
1-19     (a) of this section shall be selected by a seven-member committee
1-20     composed of three members of the house of representatives appointed
1-21     by the speaker of the house, two members of the senate appointed by
1-22     the lieutenant governor, and the chairman of the committee in each
1-23     house of the legislature with primary responsibility for public
1-24     education, who shall serve as cochairmen of the selection
 2-1     committee.
 2-2           (c)  Not later than October 31, 2001, the speaker of the
 2-3     house of representatives and the lieutenant governor shall make the
 2-4     committee appointments required by Subsection (b) of this section.
 2-5     Not later than December 31, 2001, that committee shall appoint an
 2-6     independent certified public accountant or firm of independent
 2-7     certified public accountants to conduct the audit of the Texas
 2-8     Education Agency as required by Subsection (a) of this section.
 2-9     Not later than December 31, 2002, the certified public accountant
2-10     or firm, as applicable, shall submit a written report of the
2-11     results of the audit to the speaker of the house of
2-12     representatives, the lieutenant governor, and each member of the
2-13     selection committee.
2-14           SECTION 2.  This Act takes effect immediately if it receives
2-15     a vote of two-thirds of all the members elected to each house, as
2-16     provided by Section 39, Article III, Texas Constitution.  If this
2-17     Act does not receive the vote necessary for immediate effect, this
2-18     Act takes effect September 1, 2001.