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78S10098 MTB-F
By: Swinford H.B. No. 25
A BILL TO BE ENTITLED
AN ACT
relating to various information, meetings, and operations of
certain state entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PUBLIC INFORMATION AND 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 THE 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. REVIEW OF UNIVERSITY SYSTEM ADMINISTRATION
SECTION 3.01. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0515 to read as follows:
Sec. 61.0515. REVIEW OF UNIVERSITY SYSTEM ADMINISTRATION.
(a) The board shall perform a review of the organization and
operations of each university system office to:
(1) identify appropriate organizational structures
for university systems and system offices;
(2) identify and quantify workforce and other
resources at each system office used to provide services and
functions common to each system office; and
(3) determine the extent to which system
administration employees are performing services and functions
that are also provided by employees of individual component
institutions of each university system.
(b) In the review, the board shall identify the number and
types of administrative and executive positions in the
administration of each university system, and shall examine each
major function, service, or activity performed by university system
offices, including:
(1) central administration;
(2) academic affairs coordination and support;
(3) general counsel and other legal services;
(4) budgeting, accounting, and data reporting;
(5) fiscal management;
(6) facilities planning and construction;
(7) governmental relations;
(8) audit services;
(9) real estate management;
(10) information technology services; and
(11) aircraft operation and usage.
(c) Not later than November 1, 2004, the board shall prepare
a report of the review and deliver the report to the governor,
lieutenant governor, speaker of the house of representatives,
Legislative Budget Board, and chair of the standing committee of
each house of the legislature with primary jurisdiction over higher
education. In the report, the board shall state its findings and
identify opportunities for legislative and administrative action
relating to:
(1) the reorganization of university system offices
and functions;
(2) the consolidation or reorganization of university
systems; and
(3) the consolidation or centralization of functions,
services, or activities of university system offices.
(d) In the report, the board shall identify potential
reductions in personnel and other cost savings associated with each
legislative or administrative action the board identifies under
Subsection (c).
(e) This section expires September 1, 2005.
ARTICLE 4. PRISON PRIVATIZATION STUDY
SECTION 4.01. CREATION. The select committee on prison
privatization is created.
SECTION 4.02. COMPOSITION. (a) The select committee is
composed of:
(1) one member appointed by the governor;
(2) three members appointed by the lieutenant
governor;
(3) three members appointed by the speaker of the
house of representatives;
(4) one member employed by the Legislative Budget
Board and appointed by the executive director of that board;
(5) one member employed by and appointed by the
comptroller;
(6) one member employed by and appointed by the state
auditor; and
(7) one member employed by the Criminal Justice Policy
Council and appointed by the executive director of that council.
(b) Each individual required to make an appointment under
Subsection (a) shall make the appointment as soon as possible after
the effective date of this Act, but not later than October 1, 2003.
SECTION 4.03. DUTIES. (a) The select committee shall
prepare a report that, for the purposes of comparing
cost-effectiveness and program effectiveness of prison facilities
operated by the Texas Department of Criminal Justice and prison
facilities operated by or potentially operated by private
contractors, analyzes the following issues:
(1) the best possible methods and processes for
administering and monitoring contracts for prison privatization;
(2) whether an existing agency of the state or a new
agency should administer future prison privatization contracts;
(3) the probable cost savings to the state if prison
privatization is increased;
(4) the standards that should be used to compare
program effectiveness and the best methods for comparing costs for
provision of programs by the departments and costs for provision of
programs by contractors;
(5) the history of prison privatization efforts in
this state and in other populous states, with special emphasis on
subissues related to program effectiveness, performance records,
cost savings, ethical concerns, and impact on relevant communities;
(6) as to potential contractors, the backgrounds and
past achievements of those contractors;
(7) which facilities or services currently primarily
provided by the Texas Department of Criminal Justice could best be
performed by a contractor; and
(8) whether ethical standards could be adopted to
protect the state from corruption or ethical conflicts.
(b) In addition to the issues described by Subsection (a) of
this section, the report must analyze the impact that the
privatization of a Texas Department of Criminal Justice facility or
function would have on the community in which the function is
performed or the facility is located, including economic impact,
workforce impact, impact caused by higher employee turnover rates,
and impact on community facilities and services.
(c) In addition to the information required by Subsections
(a) and (b) of this section, the report must contain a qualitative
and quantitative comparison of the performance of vendors operating
facilities under this subtitle and the performance of facilities
operated by the department that provide the same level of programs
and services. The comparison must provide information on the
operations of each vendor and comparable department programs and
facilities, including information about treatment programs
implemented, numbers of escapes, major disciplinary events, and
other matters determined to be important by the select committee.
(d) The select committee shall present copies of the report
not later than November 1, 2004, to the governor, the lieutenant
governor, and the speaker of the house of representatives.
SECTION 4.04. HEARINGS. The select committee, for the
purpose of gathering information necessary for the preparation of
the report required by Section 4.03 of this article, shall hold at
least four public hearings. At least one of the hearings must be
held in a municipality with a population greater than one million
and at least two of the hearings must be held in a municipality or
county in which more than one division of the Texas Department of
Criminal Justice operates a facility or performs a function.
SECTION 4.05. FUNDS TRANSFER. The Texas Department of
Criminal Justice shall enter into a memorandum of understanding
with the select committee to provide the committee with not less
than $200,000 from the department's budget for the biennium ending
August 31, 2005. The select committee shall use funds received from
the department under this section to hire technical assistance that
is professional and unbiased and that will assist the committee in
performing its duties under this article. The department and the
select committee shall enter into the memorandum of understanding
not later than October 1, 2003. The memorandum must specify that
the funds will be transferred to the select committee according to a
schedule established by the select committee.
SECTION 4.06. EXPIRATION. The select committee is
abolished and this article expires November 30, 2004.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. This Act takes effect November 1, 2003.