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78S10096 MXM-F
By: Swinford H.B. No. 22
A BILL TO BE ENTITLED
AN ACT
relating to the abolition or oversight of certain state or regional
entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ABOLITION OF TEXAS COMMISSION ON PRIVATE SECURITY
SECTION 1.01. Subchapter A, Chapter 1702, Occupations Code,
is amended by adding Section 1702.005 to read as follows:
Sec. 1702.005. COMMISSION ABOLISHED AND FUNCTIONS
TRANSFERRED. (a) The commission is abolished, and all powers,
duties, personnel, property, assets, and obligations of the
commission are transferred to the Department of Public Safety of
the State of Texas. The validity of a prior action of the
commission is not affected by the abolishment.
(b) All rules of the commission relating to a transferred
power or duty remain in effect as rules of the Department of Public
Safety of the State of Texas until amended or repealed by the
Department of Public Safety of the State of Texas.
(c) A reference in this chapter or another law to the
commission means the Department of Public Safety of the State of
Texas.
ARTICLE 2. ABOLITION OF OFFICE OF
STATE-FEDERAL RELATIONS
SECTION 2.01. Sections 751.001(1) and (4), Government Code,
are amended to read as follows:
(1) "Board" means the [Office of] State-Federal
Relations Advisory [Policy] Board.
(4) "State agency" means a state board, commission,
department, institution, or officer in the executive branch of
state government having statewide jurisdiction, including a state
college or university.
SECTION 2.02. Section 751.002, Government Code, is amended
to read as follows:
Sec. 751.002. OFFICE OF STATE-FEDERAL RELATIONS. [(a)]
The Office of State-Federal Relations is a division of the office of
the governor [an agency of the state and operates within the
executive department.
[(b) The office is subject to the administrative procedure
law, Chapter 2001].
SECTION 2.03. The heading to Section 751.004, Government
Code, is amended to read as follows:
Sec. 751.004. APPOINTMENT [AND TERM] OF DIRECTOR.
SECTION 2.04. Section 751.004(a), Government Code, is
amended to read as follows:
(a) The governor[, with the advice and consent of the
senate,] shall appoint a director of the office.
SECTION 2.05. Section 751.005(b), Government Code, is
amended to read as follows:
(b) The director shall:
(1) help coordinate state and federal programs dealing
with the same subject;
(2) inform the governor, the lieutenant governor, and
the speaker of the house of representatives [legislature] of
federal programs that may be carried out in the state or that affect
state programs;
(3) provide federal agencies and the United States
Congress with information about state policy and state conditions
on matters that concern the federal government;
(4) regularly provide the governor, the lieutenant
governor, and the speaker of the house of representatives
[legislature] with information useful in measuring the effect of
federal actions on the state and local programs; and
(5) prepare and supply to the governor, the lieutenant
governor, and the speaker of the house of representatives [and all
members of the legislature] an annual report that:
(A) describes the office's operations;
(B) contains the office's priorities and
strategies for the following year;
(C) details projects and legislation pursued by
the office;
(D) discusses issues in the following
congressional session of interest to this state; and
(E) contains an analysis of federal funds
availability and formulae[; and
[(6) prepare annually a complete and detailed written
report accounting for all funds received and disbursed by the
office during the preceding fiscal year].
SECTION 2.06. The heading to Section 751.006, Government
Code, is amended to read as follows:
Sec. 751.006. STAFF[; PERSONNEL POLICIES].
SECTION 2.07. Section 751.006(a), Government Code, is
amended to read as follows:
(a) The director may employ staff necessary to carry out the
director's powers and duties under this chapter. [The director or
the director's designee shall provide to office employees, as often
as necessary, information regarding their qualification for
employment under this chapter and their responsibilities under
applicable laws relating to standards of conduct for state
employees.]
SECTION 2.08. The heading to Section 751.010, Government
Code, is amended to read as follows:
Sec. 751.010. [OFFICE OF] STATE-FEDERAL RELATIONS ADVISORY
[POLICY] BOARD.
SECTION 2.09. Section 751.010, Government Code, is amended
by amending Subsections (a), (e), and (f) and adding Subsection (g)
to read as follows:
(a) The governor may appoint members to an advisory board to
assist in the administration of this chapter [Office of
State-Federal Relations Advisory Policy Board consists of:
[(1) the governor;
[(2) the lieutenant governor; and
[(3) the speaker of the house of representatives].
(e) The board may [shall] meet before the beginning of each
congressional session and at the call of the director [presiding
officer].
(f) The board may [shall] work with the director to hold
periodic meetings [in the city of Austin at times determined by the
presiding officer] to discuss upcoming federal activities and
issues with state agency representatives.
(g) A member of the advisory board may not receive
compensation, but is entitled to reimbursement of the member's
necessary and actual expenses incurred while performing duties
under this chapter, subject to any applicable limitation on
reimbursement provided by general law or the General Appropriations
Act.
SECTION 2.10. Section 751.012(c), Government Code, as
amended by S.B. No. 19, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(c) A contract under this section must include provisions
under which staff of the other state agency:
(1) report directly to the director;
(2) report [directly] to the other state [that]
agency's administrative head or the presiding officer of the other
state [that] agency's governing body;
(3) [(2)] have an officially recognized role in the
other state [that] agency's budget planning process; and
(4) [(3)] provide periodic updates of activities to
the other state [at meetings of that] agency's governing body.
SECTION 2.11. Section 751.012(e), Government Code, is
amended to read as follows:
(e) A state agency identified by the Legislative Budget
Board or the governor's office of budget, planning, and policy as
receiving significant federal funding or being significantly
affected by federal policy decisions, other than a state agency
that is headed by a statewide-elected official, shall:
(1) develop a plan of state-federal coordination;
(2) study the benefits of entering a contract under
Subsection (a); and
(3) submit the coordination plan and study to the
office and to the Legislative Budget Board.
SECTION 2.12. Chapter 751, Government Code, is amended by
adding Section 751.015 to read as follows:
Sec. 751.015. AGENCY COMMUNICATIONS. A state agency must,
to the extent practicable, contact the office before the agency
provides information to a federal agency or to the United States
Congress about a state policy or state circumstances. This section
does not apply to a state agency that is headed by a
statewide-elected official.
SECTION 2.13. Subchapter B, Chapter 751, Government Code,
is transferred to Chapter 401, Government Code, redesignated as
Subchapter G, Chapter 401, Government Code, and amended to read as
follows:
SUBCHAPTER G [B]. FEDERAL FUNDS MANAGEMENT
Sec. 401.151 [751.021]. DEFINITION. In this subchapter,
"federal formula funds" means only those funds coming to the state
based on federal funding formulas or as otherwise legislated by
congress, excluding those funds known as federal discretionary
grant funds.
Sec. 401.152 [751.022]. POWERS AND DUTIES. (a) The
governor's office of budget, planning, and policy has primary
responsibility for monitoring, coordinating, and reporting on the
state's efforts to ensure receipt of an equitable share of federal
formula funds.
(b) The governor's office of budget, planning, and policy
shall:
(1) serve as the state's clearinghouse for information
on federal formula funds;
(2) prepare reports on federal funds and earned
federal formula funds;
(3) analyze proposed and pending federal and state
legislation to determine whether the legislation would have a
significant negative effect on the state's ability to receive an
equitable share of federal formula funds;
(4) make recommendations for coordination between
state agencies and local governmental entities and between state
agencies; and
(5) adopt rules under the rule-making procedures of
the administrative procedure law, Chapter 2001, Government Code, as
necessary to carry out the responsibilities assigned by this
subchapter.
(c) The governor's office of budget, planning, and policy
shall annually prepare a comprehensive report to the governor and
legislature on the effectiveness of the state's efforts to ensure a
receipt of an equitable share of federal formula funds for the
preceding federal fiscal year. The report must include:
(1) an executive summary that provides an overview of
the major findings and recommendations included in the report;
(2) a comparative analysis of the state's receipt of
federal formula funds relative to other states, prepared using the
best available sources of data;
(3) an analysis of federal formula funding trends that
may have a significant effect on resources available to the state;
and
(4) recommendations, developed in consultation with
the Legislative Budget Board, the Office of State-Federal Relations
[Governor's Office of Budget and Planning], and the comptroller,
for any state legislative or administrative action necessary to
increase the state's receipt of federal formula funds.
[Sec. 751.023. AGENCY COMMUNICATIONS. A state agency
shall, to the extent practicable, contact the office before the
agency provides information to a federal agency or to the United
States Congress about state policy or conditions. This section
does not apply to a state agency that is headed by a
statewide-elected official.]
Sec. 401.153 [751.024]. REPORTS CONCERNING GRANT FUNDS.
(a) Each agency and each institution of higher education shall
report to [the office,] the Legislative Budget Board[,] and the
governor's office of budget, planning, and policy [budget division
of the governor's office]:
(1) each application or request made to the United
States government for grant funds;
(2) the award or designation, by the United States
government, of any funds for expenditure by a state agency; and
(3) waivers of grant requirements.
(b) In consultation with the governor's office of budget,
planning, and policy [director], the Legislative Budget Board may
prescribe reporting procedures and time schedules necessary to
implement Subsection (a).
SECTION 2.14. Section 322.004, Government Code, is amended
by adding Subsection (e) to read as follows:
(e) The director may maintain office space at locations
chosen by the director, including at locations outside of the
state.
SECTION 2.15. (a) The heading to Subchapter A, Chapter 751,
Government Code, is repealed.
(b) The following sections of the Government Code are
repealed:
(1) Section 751.003;
(2) Section 751.005(d);
(3) Sections 751.006(b)-(f);
(4) Section 751.008;
(5) Sections 751.010(b)-(d);
(6) Section 751.011; and
(7) Section 751.012(b).
SECTION 2.16. On November 1, 2003:
(1) all powers, duties, obligations, rights,
contracts, records, real and personal property, funds,
appropriations, money, and authorized full-time equivalent (FTE)
positions of the Office of State-Federal Relations are transferred
to the office of the governor;
(2) an employee of the Office of State-Federal
Relations becomes an employee of the office of the governor;
(3) a rule, policy, procedure, report, or decision of
the Office of State-Federal Relations continues in effect as a
rule, policy, procedure, report, or decision of the office of the
governor until superseded by an act of the office of the governor;
and
(4) a reference in another law to the Office of
State-Federal Relations means the office of the governor.
ARTICLE 3. STATE AIRCRAFT POOLING BOARD
SECTION 3.01. The heading to Chapter 2205, Government Code,
is amended to read as follows:
CHAPTER 2205. STATE-OPERATED AIRCRAFT [POOLING]
SECTION 3.02. Subchapter B, Chapter 2205, Government Code,
is amended by adding Section 2205.0315 to read as follows:
Sec. 2205.0315. DEFINITION. In this chapter, "department"
means the Department of Public Safety of the State of Texas.
SECTION 3.03. Section 2205.032, Government Code, is amended
to read as follows:
Sec. 2205.032. TRANSPORTATION [CUSTODY, CONTROL,
OPERATION,] AND MAINTENANCE. (a) The department shall maintain
[board shall operate a pool for the custody, control, operation,
and maintenance of] all aircraft owned or leased by the state.
(b) The department [board] may provide aircraft
transportation under Section 2205.036 [purchase aircraft with
funds appropriated for that purpose].
[(c) As part of the strategic plan that the board develops
and submits under Chapter 2056, the board shall develop a
long-range plan for its pool of aircraft. The board shall include
appropriate portions of the long-range plan in its legislative
appropriations request. The long-range plan must include estimates
of future aircraft replacement needs and other fleet management
needs, including any projected need to increase or decrease the
number of aircraft in the pool. In developing the long-range plan,
the board shall consider at a minimum for each aircraft in the pool:
[(1) how much the aircraft is used and the purposes for
which it is used;
[(2) the cost of operating the aircraft and the
revenue generated by the aircraft; and
[(3) the demand for the aircraft or for that type of
aircraft.]
SECTION 3.04. Section 2205.034, Government Code, is amended
to read as follows:
Sec. 2205.034. FACILITIES. (a) The department [board] may
acquire appropriate facilities for the accommodation of all
aircraft owned or leased by the state. The facilities may be
purchased or leased as determined by the department [board] to be
most economical for the state and as provided by legislative
appropriations. The facilities may include adequate hangar space,
an indoor passenger waiting area, a flight-planning area,
communications facilities, and other related and necessary
facilities.
(b) A state agency that operates an aircraft may not use a
facility in Austin other than a facility operated by the department
[board] for the storage, parking, fueling, or maintenance of the
aircraft, whether or not the aircraft is based in Austin. In a
situation the department [board] determines to be an emergency, the
department [board] may authorize a state agency to use a facility in
Austin other than a department [board] facility for the storage,
parking, fueling, or maintenance of an aircraft.
SECTION 3.05. Section 2205.036, Government Code, is amended
to read as follows:
Sec. 2205.036. PASSENGER TRANSPORTATION. (a) The
department may [board shall] provide aircraft transportation, to
the extent that its aircraft are available, to:
(1) state officers and employees who are traveling on
official business according to the coordinated passenger
scheduling system and the priority scheduling system developed as
part of the aircraft operations manual under Section 2205.038;
(2) persons in the care or custody of state officers or
employees described by Subdivision (1); and
(3) persons whose transportation furthers official
state business.
(b) The department [board] may not provide aircraft
transportation to a passenger if the passenger is to be transported
to or from a place where the passenger:
(1) will make or has made a speech not related to
official state business;
(2) will attend or has attended an event sponsored by a
political party;
(3) will perform a service or has performed a service
for which the passenger is to receive an honorarium, unless the
passenger reimburses the board for the cost of transportation;
(4) will attend or has attended an event at which money
is raised for private or political purposes; or
(5) will attend or has attended an event at which an
audience was charged an admission fee to see or hear the passenger.
(c) The department [board] may not provide aircraft
transportation to a destination unless:
(1) the destination is not served by a commercial
carrier;
(2) the time required to use a commercial carrier
interferes with passenger obligations; or
(3) the number of passengers traveling makes the use
of state aircraft cost-effective.
(d) The department shall monitor and ensure compliance with
the requirements of this section.
SECTION 3.06. Subchapter B, Chapter 2205, Government Code,
is amended by adding Section 2205.0365 to read as follows:
Sec. 2205.0365. CONTRACTS. (a) The department may
negotiate contracts with private charter aircraft providers to
obtain the most cost-effective rates possible for transportation of
state officers and employees traveling on official business.
(b) The department may contract with a flight safety
consultant in developing safety guidelines for charter aircraft
providers.
(c) A contract described by Subsection (a) may provide that:
(1) a state agency using charter services shall pay
the charter aircraft provider directly for charter services; or
(2) the department shall pay the charter aircraft
provider for services and be reimbursed by state agencies using the
charter services.
SECTION 3.07. Section 2205.038, Government Code, is amended
to read as follows:
Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL. (a) The
department [board] shall:
(1) prepare a manual that establishes minimum
standards for the operation of aircraft by state agencies; and
(2) adopt procedures for the distribution of the
manual to state agencies.
(b) The manual must include provisions for:
(1) pilot certification standards, including medical
requirements for pilots;
(2) recurring training programs for pilots;
(3) general operating and flight rules;
(4) coordinated passenger scheduling; and
(5) other issues the department [board] determines are
necessary to ensure the efficient and safe operation of aircraft by
a state agency.
(c) The department [board] shall confer with and solicit the
written advice of state agencies that operate state-owned aircraft
and state agencies the department [board] determines are principal
users of aircraft operated by the department [board] and, to the
extent practicable, incorporate that advice in the development of
the manual and subsequent changes to the manual.
(d) The department [board] shall give an officer normally
elected by statewide election priority in the scheduling of
aircraft. The department [board] by rule may require appropriate
advance [a 12-hour] notice by the officer to obtain the priority in
scheduling.
SECTION 3.08. Section 2205.039, Government Code, is amended
to read as follows:
Sec. 2205.039. TRAVEL LOG. (a) The Legislative Budget
Board, in cooperation with the department [board], shall prescribe:
(1) a travel log form for gathering information about
the use of state-operated aircraft;
(2) procedures to ensure that individuals who travel
as passengers on or operate state-operated aircraft provide in a
legible manner the information requested of them by the form; and
(3) procedures for each state agency that operates an
aircraft for sending the form to the department [board] and the
Legislative Budget Board.
(b) The travel log form must request the following
information about a state-operated aircraft each time the aircraft
is flown:
(1) a mission statement, which may appear as a
selection to be identified from general categories appearing on the
form;
(2) the name, state agency represented, destination,
and signature of each person who is a passenger or crew member of
the aircraft;
(3) the date of each flight;
(4) a detailed and specific description of the
official business purpose of each flight; and
(5) other information determined by the Legislative
Budget Board and the department [board] to be necessary to monitor
the proper use of the aircraft.
(c) A state agency other than the department [board] shall
send travel logs to the department [board] each month in which the
agency operates an aircraft.
(d) The department shall monitor and ensure compliance by
state agencies with the requirements of this section.
(e) The department shall annually report to the Legislative
Budget Board on air travel information received under this section.
SECTION 3.09. Section 2205.040, Government Code, is amended
to read as follows:
Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The
department [board] shall adopt rates for interagency aircraft
services that are sufficient to recover, in the aggregate and to the
extent possible, all direct and indirect costs for the services
provided, including a state agency's pro rata share of major
maintenance, overhauls of equipment and facilities, and pilots'
salaries.
(b) The Legislative Budget Board, in cooperation with the
department [board] and the state auditor, shall prescribe a billing
procedure for passenger travel on state-operated aircraft.
SECTION 3.10. Section 2205.041(a), Government Code, is
amended to read as follows:
(a) The Legislative Budget Board, in cooperation with the
department [board], shall prescribe:
(1) an annual aircraft use form for gathering
information about the use of state-operated aircraft, including the
extent to which and the methods by which the goal provided by
Section 2205.031(b) is being met; and
(2) procedures for each state agency that operates an
aircraft for sending the form to the department [board] and the
Legislative Budget Board.
SECTION 3.11. Section 2205.043(b), Government Code, is
amended to read as follows:
(b) The department [board] shall adopt rules, consistent
with federal regulations and Subtitle A, Title 11 [Article 6139f,
Revised Statutes], governing the color, size, and location of marks
of identification required by this section.
SECTION 3.12. Section 2205.044, Government Code, is amended
to read as follows:
Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The
department [board] may contract with a state or federal
governmental agency or a political subdivision to provide aircraft
fuel or to provide aircraft maintenance services.
SECTION 3.13. Section 2205.045(a), Government Code, is
amended to read as follows:
(a) The department shall negotiate [board may purchase]
insurance contracts to protect the state [board] from loss caused
by damage, loss, theft, or destruction of aircraft owned or leased
by the state and shall negotiate [purchase] liability insurance
contracts to protect the officers and employees of each state
agency from loss arising from the operation of state-owned
aircraft.
SECTION 3.14. Section 2205.047, Government Code, is amended
to read as follows:
Sec. 2205.047. INFORMATION POSTED ON THE INTERNET. The
department [board] shall post information related to travel and
other services provided by the department under this chapter
[board] on an Internet site maintained by or for the department
[board]. The site must be generally accessible to state agencies,
persons who use the department's [board's] services, and, to the
extent appropriate, the general public.
SECTION 3.15. The following laws are repealed:
(1) Subchapter A, Chapter 2205, Government Code;
(2) Section 2205.035, Government Code;
(3) Section 2205.042, Government Code; and
(4) Section 2205.046, Government Code.
SECTION 3.16. (a) The Department of Public Safety of the
State of Texas, the State Aircraft Pooling Board, and the Texas
Public Finance Authority, in consultation with the Texas Building
and Procurement Commission and the General Land Office, shall
establish a transition team to oversee the orderly transition of
property, services, and certain employees from the State Aircraft
Pooling Board to the Department of Public Safety of the State of
Texas. The team shall:
(1) determine when:
(A) the Department of Public Safety of the State
of Texas will begin to perform a function or activity of the State
Aircraft Pooling Board;
(B) the State Aircraft Pooling Board will cease
to perform a function that is discontinued under Chapter 2205,
Government Code, as amended by this Act;
(C) an employee of the board whose primary duties
involve maintenance of aircraft becomes an employee of the
department; and
(D) a King Air 200 aircraft with an aircraft
identification number of N808WD becomes property of the Department
of Public Safety of the State of Texas;
(2) inventory all equipment and other property
required to be transferred or sold;
(3) determine any continued support and cooperation
the board must provide the department before the board is abolished
to ensure an efficient continuation of service and of planning for
future needs; and
(4) ensure that:
(A) the transition is complete by April 1, 2004;
and
(B) all board employee positions, except the
positions of employees serving on the transition team or employees
whose primary duties involve maintenance of aircraft, are
eliminated by December 1, 2003.
(b) The transition team and the State Aircraft Pooling Board
are abolished on April 1, 2004.
SECTION 3.17. (a) By September 1, 2004, the Texas Building
and Procurement Commission, in consultation with the Department of
Public Safety of the State of Texas, shall sell for fair market
value all state aircraft and aircraft-related equipment, other than
equipment used in the maintenance of aircraft formerly under the
custody of the State Aircraft Pooling Board and a King Air 200
aircraft with an aircraft identification number of N808WD. If
bonds were issued in connection with acquiring or maintaining the
aircraft or equipment or in connection with other board purposes,
the proceeds from the sale of the aircraft and equipment shall be
used to pay off the bonds to the extent the proceeds of the bonds
were expended for those purposes.
(b) By September 1, 2005, the General Land Office, in
consultation with the Texas Public Finance Authority, shall sell
all State Aircraft Pooling Board facilities, other than facilities
used for maintenance or housing of aircraft owned or operated by
state agencies other than the board, located at the
Austin-Bergstrom International Airport for not less than the amount
contained in the current market value assessment of the property
that shall be made by the General Land Office. If bonds were issued,
the proceeds of which were expended for the purchase, maintenance,
or construction of the Austin-Bergstrom facilities, the proceeds
from the sale of the facilities shall be used to pay off the state
bond obligations as the Texas Public Finance Authority determines
to be appropriate. The General Land Office, at the discretion of
the commissioner of the General Land Office, may offer the
facilities for sale by competitive bid in accordance with Section
31.158, Natural Resources Code. Alternatively, the General Land
Office may negotiate a direct sale of the facilities to:
(1) a current lessee of the facilities;
(2) a neighboring property owner of the facilities; or
(3) a political subdivision of the state, including
Travis County or the City of Austin.
(c) By September 1, 2005, the General Land Office shall sell
all State Aircraft Pooling Board facilities located at the site of
the former Robert Mueller Municipal Airport for not less than the
amount contained in the current market value assessment of the
property that shall be made by the General Land Office. If bonds
were issued in connection with acquiring or maintaining the
facilities located at the site of the former Robert Mueller
Municipal Airport, the proceeds from the sale of the facilities
shall be used to pay off the bonds to the extent the proceeds of the
bonds were expended for acquiring or maintaining the facilities.
The General Land Office, at the discretion of the commissioner of
the General Land Office, may offer the facilities for sale by
competitive bid in accordance with Section 31.158, Natural
Resources Code. Alternatively, the General Land Office may
negotiate a direct sale of the facilities to:
(1) a current lessee of the facilities;
(2) a neighboring property owner of the facilities; or
(3) a political subdivision of the state, including
Travis County or the City of Austin.
ARTICLE 4. OVERSIGHT OF REGIONAL
PLANNING COMMISSIONS
SECTION 4.01. The heading to Section 391.009, Local
Government Code, is amended to read as follows:
Sec. 391.009. ROLE OF STATE AUDITOR, GOVERNOR, AND STATE
AGENCIES.
SECTION 4.02. Section 391.009, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) To protect the public interest and [or] promote the
efficient use of public funds, the governor, with the technical
assistance of the state auditor, may draft and [shall] adopt:
(1) rules relating to the operation and oversight of a
commission;
(2) rules relating to the receipt or expenditure of
funds by a commission, including:
(A) restrictions on the expenditure of any
portion of commission funds for certain classes of expenses; and
(B) restrictions on the maximum amount of or
percentage of commission funds that may be expended on a class of
expenses, including indirect costs or travel expenses;
(3) annual reporting requirements for a commission;
(4) annual audit requirements on funds received or
expended by a commission from any source;
(5) rules relating to the establishment and use of
standards by which the productivity and performance of each
commission can be evaluated; and
(6) guidelines that commissions and governmental
units shall follow in carrying out the provisions of this chapter
relating to review and comment procedures.
(a-1) The governor may draft and adopt rules under
Subsection (a) using negotiated rulemaking procedures under
Chapter 2008, Government Code.
(a-2) Based on a risk assessment performed by the state
auditor and subject to the legislative audit committee's approval
for inclusion in the audit plan under Section 321.013, Government
Code, the state auditor's office shall assist the governor as
provided by Subsection (a).
SECTION 4.03. Section 391.0095, Local Government Code, as
amended by S.B. No. 19, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
Sec. 391.0095. AUDIT AND REPORTING REQUIREMENTS. (a) The
audit and reporting requirements under Section 391.009(a) shall
include a requirement that a commission annually report to the
state auditor [governor]:
(1) the amount and source of funds received by the
commission;
(2) the amount and source of funds expended by the
commission;
(3) an explanation of any method used by the
commission to compute an expense of the commission, including
computation of any indirect cost of the commission;
(4) a report of the commission's productivity and
performance during the annual reporting period;
(5) a projection of the commission's productivity and
performance during the next annual reporting period;
(6) the results of an audit of the commission's affairs
prepared by an independent certified public accountant; and
(7) a report of any assets disposed of by the
commission.
(b) The annual audit of a commission may be commissioned [by
the governor's office or] by the commission or at the direction of
the governor's office, as determined by the governor's office, and
shall be paid for from the commission's funds.
(c) A commission shall submit any other report or an audit
to the state auditor and [required by] the governor.
(d) If a commission fails to submit a report or audit
required under this section or is determined by the state auditor
[governor] to have failed to comply with a rule, requirement, or
guideline adopted under Section 391.009, the state auditor shall
report the failure to the governor's office. The governor may,
until the failure is corrected:
(1) appoint a receiver to operate or oversee the
commission; or
(2) withhold any appropriated funds of the commission.
(e) A commission shall send to the governor, the state
auditor, the comptroller, and the Legislative Budget Board a copy
of each report and audit required under this section or under
Section 391.009. The state auditor may review each audit and
report, subject to a risk assessment performed by the state auditor
and to the legislative audit committee's approval of including the
review in the audit plan under Section 321.013, Government Code. If
the state auditor reviews the audit or report, the state auditor
must be given access to working papers and other supporting
documentation that the state auditor determines is necessary to
perform the review. If the state auditor finds significant issues
involving the administration or operation of a commission or its
programs, the state auditor shall report its findings and related
recommendations to the legislative audit committee, the governor,
and the commission. The governor and the legislative audit
committee may direct the commission to prepare a corrective action
plan or other response to the state auditor's findings or
recommendations. The legislative audit committee may direct the
state auditor to perform any additional audit or investigative work
that the committee determines is necessary.
SECTION 4.04. Subsection (e), Section 391.0117, Local
Government Code, is amended to read as follows:
(e) A commission shall submit to the state auditor
[governor] the commission's salary schedule, including the
salaries of all exempt positions, not later than the 45th day before
the date of the beginning of the commission's fiscal year. If the
state auditor, subject to the legislative audit committee's
approval for inclusion in the audit plan under Section 321.013,
Government Code, has recommendations to improve [governor objects
to] a commission's salary schedule or a portion of the schedule, the
state auditor shall report the recommendations to the governor's
office. The governor's office may not allow the portion of the
schedule for which [that] the state auditor has recommendations to
[governor objects to may not] go into effect until revisions or
explanations are given that are satisfactory to the governor based
on recommendations from the state auditor [and the governor
approves that portion of the schedule].
SECTION 4.05. On the effective date of this article, a rule,
requirement, or guideline adopted by the governor relating to the
oversight of regional planning commissions remains in effect until
amended or repealed by the governor.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. This Act takes effect November 1, 2003.