78S10095 MTB-F
By: Swinford H.B. No. 23
A BILL TO BE ENTITLED
AN ACT
relating to budgetary and other fiscal management matters affecting
state government or certain regional entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PUBLIC INFORMATION AND STATE BUDGETARY WORKING PAPERS
SECTION 1.01. Subchapter C, Chapter 401, Government Code,
is amended by adding Section 401.0446 to read as follows:
Sec. 401.0446. BUDGETARY WORKING PAPERS. (a) In this
section, "budgetary working paper" means information, other than a
uniform budget estimate form, that is created, received,
considered, or otherwise used by a governmental body in estimating
revenues or in considering or preparing a draft or final biennial
state fiscal budget, including a draft, a working paper, supporting
material, research material, or an internal or external
communication relating to that budget.
(b) A budgetary working paper that is collected, assembled,
or maintained by the governor, lieutenant governor, comptroller,
speaker of the house of representatives, Legislative Budget Board,
senate finance committee, senate state affairs committee, house
appropriations committee, or house ways and means committee is
excepted from required public disclosure under Chapter 552 or any
other law of this state. Section 552.022 does not apply to
information excepted from required public disclosure by this
section.
ARTICLE 2. TELECONFERENCE MEETING OF LEGISLATIVE BUDGET BOARD
SECTION 2.01. Section 322.003, Government Code, is amended
by adding Subsections (d) and (e) to read as follows:
(d) As an exception to Chapter 551 and other law, if the
chairman and vice chairman of the board are physically present at a
meeting, then any number of the other members of the board may
attend a meeting of the board by use of telephone conference call,
video conference call, or other similar telecommunication device.
This subsection applies for purposes of constituting a quorum, for
purposes of voting, and for any other purpose allowing a member of
the board to otherwise fully participate in any meeting of the
board. This subsection applies without exception with regard to
the subject of the meeting or topics considered by the members.
(e) A meeting held by use of telephone conference call,
video conference call, or other similar telecommunication device:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location of the meeting;
(3) must be open to the public and shall be audible to
the public at the location specified in the notice of the meeting as
the location of the meeting; and
(4) must provide two-way audio communication between
all parties attending the meeting during the entire meeting.
ARTICLE 3. GOVERNOR'S BUDGET AUTHORITY
SECTION 3.01. Section 401.0445(b), Government Code, is
amended to read as follows:
(b) In the budget, the governor shall show:
(1) the list of appropriations for the current year
preceding the biennium for which appropriations are sought and
recommended;
(2) expenditures for [each of] the year [two full
years] preceding the current year; and
(3) the amounts requested by the various agencies and
the amounts recommended by the governor for each of the years of the
biennium.
SECTION 3.02. Section 401.046(a), Government Code, is
amended to read as follows:
(a) The governor shall deliver a copy of the governor's
budget to each member of the legislature before the governor gives
the message to the legislature required by Section 9, Article IV,
Texas Constitution, at the commencement [not later than the sixth
day] of each regular legislative session.
SECTION 3.03. Section 401.047 and Chapter 2053, Government
Code, are repealed.
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 Senate Bill 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. Section 391.0117(e), 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. ABANDONMENT OF PROCEEDS ON DEMUTUALIZATION
SECTION 5.01. Section 72.101, Property Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Property distributable in the course of a
demutualization, rehabilitation, or related reorganization of an
insurance company is presumed abandoned on the first anniversary of
the date the property becomes distributable if, on that date:
(1) the last known address of the owner according to
the records of the holder of the property is known to be incorrect
or the distribution or statements related to the distribution are
returned by the post office as undeliverable; and
(2) the owner has not:
(A) communicated in writing with the holder of
the property or the holder's agent regarding the interest; or
(B) otherwise communicated with the holder
regarding the interest as evidenced by a memorandum or other record
on file with the holder or its agents.
(d) Property distributable in the course of a
demutualization, rehabilitation, or related reorganization of an
insurance company that is not subject to Subsection (c) is presumed
abandoned as otherwise provided by this section.
SECTION 5.02. Section 74.301, Property Code, is amended by
amending Subsection (a), as amended by House Bill No. 826, Acts of
the 78th Legislature, Regular Session, 2003, and adding Subsection
(d) to read as follows:
(a) Except as provided by Subsection (c) or (d), each holder
who on June 30 holds property that is presumed abandoned under
Chapter 72, 73, or 75 of this code or Subchapter G, Chapter 61,
Labor Code, shall deliver the property to the comptroller on or
before the following November 1 accompanied by the report required
to be filed under Section 74.101.
(d) If the property subject to delivery under Subsection (a)
is proceeds from the demutualization, rehabilitation, or related
reorganization of an insurance company, the holder shall deliver
the property and required report to the comptroller on or before the
following August 1.
SECTION 5.03. This article takes effect September 1, 2003,
if this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
this article to take effect on that date, this article takes effect
November 1, 2003.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. Except as otherwise provided by this Act,
this Act takes effect November 1, 2003.