78S10094 MTB-F

By:  Ellis                                                        S.B. No. 19 


A BILL TO BE ENTITLED
AN ACT
relating to the reorganization of, efficiency in, and other reform measures applying to state government. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TELECONFERENCE MEETING OF LEGISLATIVE BUDGET BOARD
SECTION 1.01. 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 2. GOVERNOR'S BUDGET AUTHORITY
SECTION 2.01. Subsection (a), Section 401.046, 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 2.02. Section 401.047, Government Code, is repealed.
ARTICLE 3. OVERSIGHT OF REGIONAL PLANNING COMMISSIONS
SECTION 3.01. 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 3.02. 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 3.03. 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 3.04. 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 3.05. 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 4. ABANDONMENT OF PROCEEDS ON DEMUTUALIZATION
SECTION 4.01. 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 4.02. Section 74.301, Property Code, is amended by amending Subsection (a), as amended by H.B. 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 4.03. 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 5. MEMBERS OF TEXAS VETERANS COMMISSION
SECTION 5.01. Section 434.003(c), Government Code, is amended to read as follows: (c) A person having a less than honorable discharge from military service is not eligible to be a member. No two members may reside in the same senatorial district[, and not more than one member may be from a senatorial district composed of a single county].
ARTICLE 6. COMMISSIONER OF INSURANCE
SECTION 6.01. Section 31.023, Insurance Code, is amended to read as follows: Sec. 31.023. QUALIFICATIONS. The commissioner must: (1) be a competent and experienced administrator; (2) be well informed and qualified in the field of insurance and insurance regulation; and (3) have at least 10 years of experience as an executive in the administration of business or government or as a practicing attorney or certified public accountant[, with at least five years of that experience in the field of insurance or insurance regulation]. SECTION 6.02. The change in law made by this article to Section 31.023, Insurance Code, applies only to the appointment of the commissioner of insurance on or after the effective date of this article. A commissioner of insurance appointed before the effective date of this article is governed by the law as it existed immediately before that date, and that law is continued in effect for this purpose.
ARTICLE 7. MEMBERS OF PARKS AND WILDLIFE COMMISSION
SECTION 7.01. Section 11.012(d), Parks and Wildlife Code, is amended to read as follows: (d) In making appointments under this section, the governor: (1) shall: (A) attempt to include persons with expertise in diverse fields, including fields such as historic preservation, conservation, and outdoor recreation; and (B) consider the commission's composition in terms of: (i) the geographical areas represented by members of the commission; and (ii) the appropriate balance of representatives from rural and urban areas; and (2) may include persons who have an interest in and knowledge of hunting, fishing, wildlife, environmental concerns, land or water use issues, or water quality issues. SECTION 7.02. (a) As soon as possible on or after November 1, 2003, the governor shall appoint nine members to the Parks and Wildlife Commission under Section 11.012, Parks and Wildlife Code, as amended by this article. The governor shall designate: (1) three members, including one public member, for terms expiring February 1, 2005; (2) three members, including one public member, for terms expiring February 1, 2007; and (3) three members, including one public member, for terms expiring February 1, 2009. (b) The governor may reappoint a person who served as a member of the Parks and Wildlife Commission before November 1, 2003. (c) The position of a member of the Parks and Wildlife Commission serving immediately before November 1, 2003, is abolished at the time five or more of the newly appointed directors qualify for office. Until the abolition of the members' positions occurs under this section, the members serving immediately before November 1, 2003, have the same powers and duties that the members had immediately before that date and the commission continues to be composed in the way it was composed before that date, and the former law is continued in effect for that purpose.
ARTICLE 8. PARDONS AND PAROLES
SECTION 8.01. Section 508.001, Government Code, is amended by amending Subdivision (8) and adding Subdivision (10) to read as follows: (8) "Parole commissioner" means a person employed by the board to perform the duties described by Section 508.0441 ["Policy board" means the Board of Pardons and Paroles Policy Board]. (10) "Presiding officer" means the presiding officer of the Board of Pardons and Paroles. SECTION 8.02. Section 508.031(a), Government Code, is amended to read as follows: (a) The board consists of seven [18] members appointed by the governor with the advice and consent of the senate. SECTION 8.03. Section 508.034, Government Code, is amended to read as follows: Sec. 508.034. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualification required by Section 508.032(b) for appointment to the board; (2) is ineligible for membership under Section 508.033; (3) is unable to discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or (4) is absent from more than half of the regularly scheduled board or panel meetings that the member is eligible to attend during each calendar year, except when the absence is excused by [majority vote of] the presiding officer [board]. (b) [It is a ground for removal from the board and the policy board if a member of the policy board is absent from more than half of the regularly scheduled policy board meetings that the member is eligible to attend during each calendar year. [(c)] The board administrator or the board administrator's designee shall provide to members of the board[, to members of the policy board,] and to employees, as often as necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees. (c) [(d)] The validity of an action of[: [(1)] the board or panel is not affected by the fact that the action is taken when a ground for removal of a board member exists[; and [(2) the policy board is not affected by the fact that the action is taken when a ground for removal of a member of the policy board exists]. (d) [(e)] If the general counsel to the board has knowledge that a potential ground for removal exists, the general counsel shall notify the presiding officer of the board of the potential ground. The presiding officer shall notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the general counsel to the board shall notify the governor and the attorney general that a potential ground for removal exists. (e) [(f)] It is a ground for removal from the board that a member fails to comply with policies or rules adopted by the [policy] board. SECTION 8.04. Section 508.035, Government Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows: (c) The presiding officer reports directly to the governor and serves as the administrative head of the [policy board and the] board. (d) The presiding officer may: (1) delegate responsibilities and authority to other members of the board, parole commissioners, or to employees of the board; (2) appoint advisory committees from the membership of the board or from parole commissioners to further the efficient administration of board business; and (3) establish policies and procedures to further the efficient administration of the business of the board. SECTION 8.05. Section 508.036, Government Code, as amended by Section 31.01, Senate Bill No. 287, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows: Sec. 508.036. [POLICY BOARD: COMPOSITION;] GENERAL ADMINISTRATIVE DUTIES. (a) The presiding officer [governor shall designate seven members of the board to serve as the Board of Pardons and Paroles Policy Board. The governor shall designate the presiding officer of the board as one of the seven members of the policy board, and the presiding officer of the board shall serve as presiding officer of the policy board. Service on the policy board is an additional duty of office for members appointed to the policy board. [(b) Members of the board designated as members of the policy board serve on the policy board for six-year terms that are concurrent with their six-year terms on the board, with the service of two or three members expiring February 1 of each odd-numbered year. [(c) The policy board] shall: (1) develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the board administrator, parole commissioners, and the staff of the board [adopt rules relating to the decision-making processes used by the board and parole panels]; (2) establish caseloads and required work hours for members of the board and parole commissioners [assign duties to members of the policy board that are in addition to the duties those members have in handling a caseload]; (3) update parole guidelines, assign precedential value to previous decisions of the board relating to the granting of parole and the revocation of parole or mandatory supervision, and develop policies to ensure that members of the board and parole commissioners use guidelines and previous decisions of the board and parole commissioners in making decisions under this chapter; (4) require members of the board and parole commissioners to file activity reports[, on forms provided by the policy board,] that provide information on release decisions made by members of the board and parole commissioners, the workload and hours worked of the members of the board and parole commissioners, and the use of parole guidelines by members of the board and parole commissioners; and (5) report at least annually to the governor and the legislature on the [board] activities of the board and parole commissioners, parole release decisions, and the use of parole guidelines by the board and parole commissioners. (b) The board shall: (1) adopt rules relating to the decision-making processes used by the board and parole panels; (2) prepare information of public interest describing the functions of the board and make the information available to the public and appropriate state agencies; (3) comply with federal and state laws related to program and facility accessibility; and (4) prepare annually a complete and detailed written report that meets the reporting requirements applicable to financial reporting provided in the General Appropriations Act and accounts for all funds received and disbursed by the board during the preceding fiscal year. (c) The board administrator shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the board's programs and services. (d) The board, in performing its duties, is subject to the open meetings law, Chapter 551, and the administrative procedure law, Chapter 2001. This subsection does not affect the provisions of Section 2001.223 exempting hearings and interviews conducted by the board or the division from Section 2001.038 and Subchapters C-H, Chapter 2001. SECTION 8.06. Section 508.0362, Government Code, is amended to read as follows: Sec. 508.0362. TRAINING REQUIRED. (a)(1) A person who is appointed to and qualifies for office as a member of the board [or the policy board] may not vote, deliberate, or be counted as a member in attendance at a meeting of the board [or policy board] until the person completes at least one course of a training program that complies with this section. (2) A parole commissioner employed by the board may not vote or deliberate on a matter described by Section 508.0441 until the person completes at least one course of a training program that complies with this section. (b) A training program must provide information to the person regarding: (1) the enabling legislation that created the board [and the policy board]; (2) the programs operated by the board; (3) the role and functions of the board and parole commissioners; (4) the rules of the board; (5) the current budget for the board; (6) the results of the most recent formal audit of the board; (7) the requirements of the: (A) open meetings law, Chapter 551; (B) open records law, Chapter 552; and (C) administrative procedure law, Chapter 2001; (8) the requirements of the conflict of interest laws and other laws relating to public officials; and (9) any applicable ethics policies adopted by the [policy] board or the Texas Ethics Commission. (c) A person appointed to the board [or policy board] is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. SECTION 8.07. Section 508.040(a), Government Code, is amended to read as follows: (a) The presiding officer is responsible for the employment and supervision of [policy board shall employ and supervise]: (1) parole commissioners; (2) a general counsel to the board; (3) [(2)] a board administrator to manage the day-to-day activities of the board; (4) [(3)] hearing officers; (5) [(4)] personnel to assist in clemency and hearing matters; and (6) [(5)] secretarial or clerical personnel. SECTION 8.08. Section 508.041, Government Code, is amended to read as follows: Sec. 508.041. DESIGNEE TRAINING; HANDBOOK. (a) The [policy] board shall develop and implement: (1) a training program that each newly hired employee of the board designated to conduct hearings under Section 508.281 must complete before conducting a hearing without the assistance of a board member or experienced parole commissioner or designee; and (2) a training program to provide an annual update to designees of the board on issues and procedures relating to the revocation process. (b) The [policy] board shall prepare and biennially update a procedural manual to be used by designees of the board. The [policy] board shall include in the manual: (1) descriptions of decisions in previous hearings determined by the [policy] board to have value as precedents for decisions in subsequent hearings; (2) laws and court decisions relevant to decision making in hearings; and (3) case studies useful in decision making in hearings. (c) The [policy] board shall prepare and update as necessary a handbook to be made available to participants in hearings under Section 508.281, such as defense attorneys, persons released on parole or mandatory supervision, and witnesses. The handbook must describe in plain language the procedures used in a hearing under Section 508.281. SECTION 8.09. Section 508.042, Government Code, is amended to read as follows: Sec. 508.042. TRAINING PROGRAM FOR MEMBERS AND PAROLE COMMISSIONERS. (a) The [policy] board shall develop for board members and parole commissioners a comprehensive training and education program on the criminal justice system, with special emphasis on the parole process. (b)(1) A new member may not participate in a vote of the board or a panel, deliberate, or be counted as a member in attendance at a meeting of the board [or policy board] until the member completes the program. (2) A new parole commissioner may not participate in a vote of a panel until the commissioner completes the program. This subdivision does not apply to a new parole commissioner who as a board member completed the program. SECTION 8.10. Subchapter B, Chapter 508, Government Code, is amended by amending Section 508.044 and adding Section 508.0441 to read as follows: Sec. 508.044. POWERS AND DUTIES OF BOARD. [(a)] A board member shall give full time to the duties of the member's office, including [. [(b) In addition to performing the] duties imposed on the board by the Texas Constitution and other law. Sec. 508.0441. RELEASE AND REVOCATION DUTIES. (a) Board[, board] members and parole commissioners shall determine: (1) which inmates are to be released on parole or mandatory supervision; (2) conditions of parole or mandatory supervision, including special conditions; (3) the modification and withdrawal of conditions of parole or mandatory supervision; (4) which releasees may be released from supervision and reporting; and (5) the continuation, modification, and revocation of parole or mandatory supervision. (b) [(c)] The [policy] board shall develop and implement a policy that clearly defines circumstances under which a board member or parole commissioner should disqualify himself or herself from voting on: (1) a parole decision; or (2) a decision to revoke parole or mandatory supervision. (c) [(d)] The [policy] board may adopt reasonable rules as [the policy board considers] proper or necessary relating to: (1) the eligibility of an inmate for release on parole or release to mandatory supervision; (2) the conduct of a parole or mandatory supervision hearing; or (3) conditions to be imposed on a releasee. (d) [(e)] The presiding officer [policy board] may provide a written plan for the administrative review of actions taken by a parole panel by a review panel [the entire membership or by a subset of the entire membership of the board]. (e) [(f)] Board members and parole commissioners shall, at the direction of the presiding officer, file activity reports on duties performed under this chapter. SECTION 8.11. Sections 508.045(a) and (b), Government Code, are amended to read as follows: (a) Except as provided by Section 508.046, board members and parole commissioners shall act in panels composed of three [persons each] in matters of: (1) release on parole; (2) release to mandatory supervision; and (3) revocation of parole or mandatory supervision. (b) The presiding officer [of the board] shall designate the composition of each panel, and may designate panels composed only of board members, composed only of parole commissioners, or composed of any combination of members and parole commissioners. SECTION 8.12. Section 508.047(a), Government Code, is amended to read as follows: (a) The members of the [policy] board shall meet at least once in each quarter of the calendar year at a site determined by the presiding officer. SECTION 8.13. Section 508.049, Government Code, is amended to read as follows: Sec. 508.049. MISSION STATEMENT. (a) The [policy] board, after consultation with the governor and the Texas Board of Criminal Justice, shall adopt a mission statement that reflects the responsibilities for the operation of the parole process that are assigned to the [policy board, the] board, the division, the department, or the Texas Board of Criminal Justice. (b) The [policy] board shall include in the mission statement a description of specific locations at which the board intends to conduct business related to the operation of the parole process. SECTION 8.14. Section 508.082, Government Code, is amended to read as follows: Sec. 508.082. RULES. The [policy] board shall adopt rules relating to: (1) the submission and presentation of information and arguments to the board, a parole panel, and the department for and in behalf of an inmate; and (2) the time, place, and manner of contact between a person representing an inmate and: (A) a member of the board or a parole commissioner; (B) an employee of the board; or (C) an employee of the department. SECTION 8.15. Section 508.141(g), Government Code, as added by Senate Bill No. 917, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows: (g) The [policy] board shall adopt a policy establishing the date on which the board may reconsider for release an inmate who has previously been denied release. The policy must require the board to reconsider for release an inmate serving a sentence for an offense listed in Section 508.149(a) during a month designated by the parole panel that denied release. The designated month must begin after the first anniversary of the date of the denial and end before the fifth anniversary of the date of the denial. The policy must require the board to reconsider for release an inmate other than an inmate serving a sentence for an offense listed in Section 508.149(a) as soon as practicable after the first anniversary of the date of the denial. SECTION 8.16. Section 508.144(b), Government Code, is amended to read as follows: (b) If a board member or parole commissioner deviates from the parole guidelines in voting on a parole decision, the member or parole commissioner shall: (1) produce a brief written statement describing the circumstances regarding the departure from the guidelines; and (2) place a copy of the statement in the file of the inmate for whom the parole decision was made. SECTION 8.17. Section 508.153(b), Government Code, is amended to read as follows: (b) If more than one person is entitled to appear in person before the board members or parole commissioners, only the person chosen by all persons entitled to appear as the persons' sole representative may appear [before the board members]. SECTION 8.18. Section 508.281(a), Government Code, is amended to read as follows: (a) A releasee, a person released although ineligible for release, or a person granted a conditional pardon is entitled to a hearing before a parole panel or a designated agent of the board under the rules adopted by the [policy] board and within a period that permits a parole panel, a designee of the board, or the department to dispose of the charges within the periods established by Sections 508.282(a) and (b) if the releasee or person: (1) is accused of a violation of the releasee's parole or mandatory supervision or the person's conditional pardon, on information and complaint by a peace officer or parole officer; or (2) is arrested after an ineligible release. SECTION 8.19. Section 508.313(c), Government Code, as amended by Section 3, Senate Bill No. 519, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows: (c) The department, on request or in the normal course of official business, shall provide information that is confidential and privileged under Subsection (a) to: (1) the governor; (2) a member of the board or a parole commissioner; (3) the Criminal Justice Policy Council in performing duties of the council under Section 413.017; or (4) an eligible entity requesting information for a law enforcement, prosecutorial, correctional, clemency, or treatment purpose. SECTION 8.20. Section 492.0131, Government Code, is amended to read as follows: Sec. 492.0131. PAROLE RULES, POLICIES, PROCEDURES. The board and the presiding officer of the Board of Pardons and Paroles [Policy Board] shall jointly review all rules, policies, and procedures of the department and the Board of Pardons and Paroles that relate to or affect the operation of the parole process. The board and the presiding officer of the Board of Pardons and Paroles [policy board] shall identify areas of inconsistency between the department and the Board of Pardons and Paroles and shall amend rules or change policies and procedures as necessary for consistent operation of the parole process. SECTION 8.21. Section 508.0361, Government Code, is repealed. SECTION 8.22. (a) The governor shall appoint new members to the Board of Pardons and Paroles on or before January 1, 2004, and the terms of members serving on December 31, 2003, expire on the appointment of the new members. The governor may appoint but is not required to appoint as new members persons who served on the board before January 1, 2004. (b) Of the new members of the Board of Pardons and Paroles, the governor shall appoint two to serve terms expiring February 1, 2005, two to serve terms expiring February 1, 2007, and three to serve terms expiring February 1, 2009. On the expiration of the terms of the initial members of the new board, the term of a member appointed by the governor is six years. (c) On November 1, 2003, a rule of the Board of Pardons and Paroles Policy Board is a rule of the Board of Pardons and Paroles.
ARTICLE 9. ADMINISTRATION OF TEXAS BUILDING AND PROCUREMENT COMMISSION
SECTION 9.01. Section 2152.051, Government Code, is amended to read as follows: Sec. 2152.051. COMPOSITION OF COMMISSION. (a) The commission consists of five members appointed by the governor. (b) Subsection (a) governs the composition of the commission after January 31, 2007. On or before that date, this subsection governs the composition of the commission. The commission consists of seven members, of whom[: [(1)] three members are appointed by the governor,[; [(2)] two additional members are appointed by the governor from a list of nominees submitted by the speaker of the house of representatives,[;] and [(3)] two members are appointed by the lieutenant governor. The members serving on the commission immediately before the effective date of the Act of the 78th Legislature, 1st Called Session, 2003, that amended this section and added this subsection are entitled to continue to serve on the commission for the terms for which they were appointed if they are otherwise qualified for their positions. Notwithstanding Section 2152.057, for the period in which the commission consists of seven members under this subsection, two or three members' terms expire on January 31 of each odd-numbered year. If, on or before January 31, 2007, the term of any position on the commission expires or a vacancy is created in any position on the commission, the governor shall appoint a person to fill the position. However, the two positions on the commission that are filled by appointment by the governor from a list submitted by the speaker are abolished on the expiration of the positions' terms on January 31, 2007. This subsection expires September 1, 2009. [(b) In making an appointment under Subsection (a)(2), the governor may reject one or more of the nominees on a list submitted by the speaker of the house of representatives and request a new list of different nominees.] SECTION 9.02. Section 2152.052(b), Government Code, is amended to read as follows: (b) In making appointments under this section, the governor [and lieutenant governor] shall attempt to appoint women and members of different minority groups, including African Americans, Hispanic Americans, Native Americans, and Asian Americans. SECTION 9.03. Section 2152.057, Government Code, is amended to read as follows: Sec. 2152.057. TERMS. Commission members serve staggered six-year terms with one or two [or three] members' terms expiring January 31 of each odd-numbered year.
ARTICLE 10. DESIGNATION OF PRESIDING OFFICERS
SECTION 10.01. Chapter 651, Government Code, is amended by adding Section 651.010 to read as follows: Sec. 651.010. APPOINTMENT OF PRESIDING OFFICERS BY GOVERNOR. (a) In this section, "state agency" means a department, commission, board, office, council, authority, or other agency in the executive branch of state government that is created by the constitution or a statute of this state, including: (1) a university system or institution of higher education as defined by Section 61.003, Education Code; and (2) a river authority as defined by Section 30.003, Water Code. (b) Notwithstanding other law, the governor may designate a member of the governing body of each state agency as the presiding officer of that governing body to serve in that capacity at the pleasure of the governor.
ARTICLE 11. OFFICE OF STATE-FEDERAL RELATIONS
SECTION 11.01. The heading to Chapter 751, Government Code, is amended to read as follows:
CHAPTER 751. [OFFICE OF] STATE-FEDERAL RELATIONS
SECTION 11.02. The heading to Subchapter A, Chapter 751, Government Code, is amended to read as follows:
SUBCHAPTER A. OFFICE OF STATE-FEDERAL RELATIONS [GENERAL PROVISIONS]
SECTION 11.03. 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 within the executive department having statewide jurisdiction, including a state college or university. SECTION 11.04. Section 751.002(a), Government Code, is amended to read as follows: (a) The Office of State-Federal Relations is established in the office of the governor [an agency of the state and operates within the executive department]. SECTION 11.05. The heading to Section 751.004, Government Code, is amended to read as follows: Sec. 751.004. APPOINTMENT [AND TERM] OF DIRECTOR. SECTION 11.06. 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 11.07. 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 11.08. The heading to Section 751.006, Government Code, is amended to read as follows: Sec. 751.006. STAFF[; PERSONNEL POLICIES]. SECTION 11.09. 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 11.10. 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 11.11. 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 serves without compensation, but is entitled to reimbursement of the member's necessary and actual expenses incurred in performing duties under this chapter. SECTION 11.12. 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 11.13. 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 11.14. Subchapter A, Chapter 751, Government Code, is amended by adding Section 751.015 to read as follows: Sec. 751.015. 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. SECTION 11.15. Section 751.022, Government Code, is amended to read as follows: Sec. 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 [office] 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 [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. SECTION 11.16. Section 751.024, Government Code, is amended to read as follows: Sec. 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 [budget division of the] governor's office of budget, planning, and policy: (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 11.17. 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 11.18. The following sections of the Government Code are repealed: (1) Section 751.002(b); (2) Section 751.003; (3) Section 751.005(d); (4) Sections 751.006(b)-(f); (5) Section 751.008; (6) Sections 751.010(b)-(d); (7) Section 751.011; (8) Section 751.012(b); and (9) Section 751.023. SECTION 11.19. 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 12. STATE AIRCRAFT POOLING BOARD
SECTION 12.01. The heading to Chapter 2205, Government Code, is amended to read as follows:
CHAPTER 2205. STATE-OPERATED AIRCRAFT [POOLING]
SECTION 12.02. 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 12.03. 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 12.04. 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 12.05. 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 12.06. 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 12.07. 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 12.08. 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 12.09. 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 12.10. 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 12.11. 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 12.12. 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 12.13. 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 12.14. 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 12.15. 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 12.16. (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 12.17. (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 13. PRISON PRIVATIZATION STUDY
SECTION 13.01. CREATION. The select committee on prison privatization is created. SECTION 13.02. 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 13.03. 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 13.04. HEARINGS. The select committee, for the purpose of gathering information necessary for the preparation of the report required by Section 13.03 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 13.05. 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 13.06. EXPIRATION. The select committee is abolished and this article expires November 30, 2004.
ARTICLE 14. ABOLITION OF TEXAS COMMISSION ON PRIVATE SECURITY
SECTION 14.01. 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 15. REVIEW OF UNIVERSITY SYSTEM ADMINISTRATION
SECTION 15.01. 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 16. REPORTS
SECTION 16.01. Section 363.064(a), Health and Safety Code, is amended to read as follows: (a) A regional or local solid waste management plan must: (1) include a description and an assessment of current efforts in the geographic area covered by the plan to minimize production of municipal solid waste, including sludge, and efforts to reuse or recycle waste; (2) identify additional opportunities for waste minimization and waste reuse or recycling; (3) include a description and assessment of existing or proposed community programs for the collection of household hazardous waste; (4) make recommendations for encouraging and achieving a greater degree of waste minimization and waste reuse or recycling in the geographic area covered by the plan; (5) encourage cooperative efforts between local governments in the siting of landfills for the disposal of solid waste; (6) consider the need to transport waste between municipalities, from a municipality to an area in the jurisdiction of a county, or between counties, particularly if a technically suitable site for a landfill does not exist in a particular area; (7) allow a local government to justify the need for a landfill in its jurisdiction to dispose of the solid waste generated in the jurisdiction of another local government that does not have a technically suitable site for a landfill in its jurisdiction; (8) establish recycling rate goals appropriate to the area covered by the plan; (9) recommend composting programs for yard waste and related organic wastes that may include: (A) creation and use of community composting centers; (B) adoption of the "Don't Bag It" program for lawn clippings developed by the Texas Agricultural Extension Service; and (C) development and promotion of education programs on home composting, community composting, and the separation of yard waste for use as mulch; (10) include an inventory of municipal solid waste landfill units, including: (A) landfill units no longer in operation; (B) the exact boundaries of each former landfill unit or, if the exact boundaries are not known, the best approximation of each unit's boundaries; (C) a map showing the approximate boundaries of each former landfill unit, if the exact boundaries are not known; (D) the current owners of the land on which the former landfill units were located; and (E) the current use of the land; (11) assess the need for new waste disposal capacity; and (12) include a public education program[; and [(13) include waste reduction in accordance with the goal established under Section 361.0201(d), to the extent that funds are available]. SECTION 16.02. The heading to Section 5.178, Water Code, is amended to read as follows: Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDICES [APPENDIXES]. SECTION 16.03. Section 5.178(b), Water Code, is amended to read as follows: (b) The report due by December 1 of an even-numbered year shall include, in addition: (1) the commission's recommendations for necessary and desirable legislation; and (2) the following reports: (A) the assessments and reports required by Section [Sections] 361.0219(c)[, 361.0232, 361.510, 371.063, and 382.141], Health and Safety Code; (B) the reports required by Section 26.0135(d) [of this code] and Section 5.02, Chapter 133, Acts of the 69th Legislature, Regular Session, 1985; and (C) a summary of the analyses and assessments required by Section 5.1773 [of this code]. SECTION 16.04. (a) Sections 361.020, 361.0201, 361.0232, 361.0233, 361.0234, 361.040(d), 361.0871(c), 361.510, 371.063, 382.141, Health and Safety Code, are repealed. (b) Section 5.178(c), Water Code, is repealed.
ARTICLE 17. PERMITS OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
SECTION 17.01. (a) It is the policy of this state to be effective and efficient with public funds, to provide for effective and efficient management of natural resources, and to serve the people of Texas by making the government more visible, accessible, coherent, consistent, and accountable to the people of Texas. The legislature finds that the Texas Commission on Environmental Quality's procedures for processing permits is cumbersome, confusing, lengthy, and inefficient for citizens, business, political subdivisions, and the commission. (b) The Texas Commission on Environmental Quality's permitting processes warrant, and the legislature directs, an in-depth evaluation, including the identification of problems, potential options, and solutions. The evaluation must solicit and consider input from all stakeholders, including public hearings and the opportunity for submission of written and oral comments. The solutions identified in the final assessment of the commission's permitting processes must ensure that: (1) all relevant environmental protection standards are maintained at a level that at least equals the current level; (2) the commission's permitting processes are streamlined; (3) the commission's permitting processes are user-friendly to citizens and promote sound economic development; and (4) all stakeholder concerns are considered. (c) A seven-member study committee shall conduct the evaluation and final assessment required by Subsection (b) of this section. The study committee shall consist of: (1) three appointees of the lieutenant governor; (2) three appointees of the speaker of the house of representatives; and (3) one public member appointed by the governor. (d) It is the intent of the legislature to effectuate the appropriate solutions through legislation at the earliest opportunity subsequent to receipt of the study committee's final assessment.
ARTICLE 18. ORGANIZATION OF CERTAIN STATE AGENCIES; TRANSFER OF CERTAIN FUNCTIONS
PART 1. CREATION OF LEGISLATIVE INFORMATION SERVICES BOARD; ABOLITION OF TEXAS LEGISLATIVE COUNCIL AND TRANSFER OF ITS FUNCTIONS
SECTION 18.01. Subtitle C, Title 3, Government Code, is amended by adding Chapter 327 to read as follows:
CHAPTER 327. LEGISLATIVE INFORMATION SERVICES BOARD
Sec. 327.001. DEFINITIONS. In this chapter: (1) "Board" means the Legislative Information Services Board. (2) "Director" means the director of the board. Sec. 327.002. CREATION. The Legislative Information Services Board is an agency of the legislative branch of state government. Sec. 327.003. LEGISLATIVE INFORMATION SERVICES BOARD. (a) The board consists of: (1) the lieutenant governor; (2) the speaker of the house of representatives; (3) the chairs of the senate and house administration committees; (4) five other senators from various areas of the state appointed by the lieutenant governor; and (5) five other members of the house of representatives from various areas of the state appointed by the speaker. (b) The lieutenant governor and the speaker of the house of representatives serve alternate terms as the chairman and vice chairman of the board. The terms are for two years and expire on February 1 of each odd-numbered year. (c) Members of the board serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in attending meetings and performing official functions. (d) Actual and necessary expenses are paid from funds appropriated to the board. Sec. 327.004. DIRECTOR. (a) The board shall appoint a director to serve at the pleasure of the board. (b) The board shall set the salary of the director. Sec. 327.005. PERSONNEL. (a) The director, with the approval of the board, may employ professional and clerical personnel. (b) The board shall set the salaries of the personnel employed by the director. Sec. 327.006. GIFTS AND GRANTS. (a) The board may accept gifts, grants, and donations from any organization described in Section 501(c)(3), Internal Revenue Code of 1986, for the purposes of funding any activity under this chapter. (b) All gifts, grants, and donations must be accepted in an open meeting by a majority of the voting members of the board and reported in the public record of the board with the name of the donor and purpose of the gift, grant, or donation. Sec. 327.007. DUTIES. The board shall provide computer support services to the legislative branch of state government, including: (1) installing and maintaining computer equipment; (2) testing new software and hardware; (3) developing custom software; (4) maintaining a local area network; and (5) providing computer training and assistance. Sec. 327.008. ELECTRONIC AVAILABILITY OF LEGISLATIVE INFORMATION THROUGH THE INTERNET. (a) In this section: (1) "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet. (2) "Legislative information" means: (A) a list of all the members of each house of the legislature; (B) a list of the committees of the legislature and their members; (C) the full text of each bill as filed and as subsequently amended, substituted, engrossed, or enrolled in either house of the legislature; (D) the full text of each amendment or substitute adopted by a legislative committee for each bill filed in either house of the legislature; (E) the calendar of each house of the legislature, the schedule of legislative committee hearings, and a list of the matters pending on the floor of each house of the legislature; (F) detailed procedural information about how a bill filed in either house of the legislature becomes law, including detailed timetable information concerning the times under the constitution or the rules of either house when the legislature may take certain actions on a bill; (G) the district boundaries or other identifying information for the following types of districts in Texas: (i) house of representatives districts; (ii) senate districts; (iii) State Board of Education districts; and (iv) United States congressional districts; and (H) other information related to the legislative process that in the board's opinion should be made available through the Internet. (b) The board, to the extent it considers it to be feasible and appropriate, may make legislative information available to the public through the Internet. (c) The board may make available to the public through the Internet any documentation that describes the electronic digital formats of legislative information. (d) The access to legislative information provided for under this section: (1) is in addition to the public's access to the information through other electronic or print distribution of the information; (2) does not alter, diminish, or relinquish any copyright or other proprietary interest or entitlement of the State of Texas or a private entity under contract with the state; and (3) is subject to Section 327.009. Sec. 327.009. COMPUTER ACCESS, INFORMATION, AND USE. (a) The board shall consider each application for direct access to a computer under its control in which confidential information is stored or processed or that is connected with another computer in which confidential information is stored or processed and solely shall determine whether or not to permit direct access by the applicant. Direct access to such a computer may not be permitted unless protection of confidential information is ensured. (b) If public information of the board is stored in a computer-readable form, the board has exclusive authority to determine the form in which the information will be reproduced for the requestor of the information. (c) Notwithstanding Subchapter F, Chapter 552, the board has exclusive authority to determine the charge for direct access to a computer under its control and the charge for information reproduced for a requestor. (d) The board may consider the needs of persons with disabilities when making decisions regarding the formats in which information is made available under this chapter. Sec. 327.010. COMPUTER SECURITY; PENALTY. (a) A person commits an offense if the person intentionally or knowingly gains access to information stored or maintained by a computer under the control of the board and the person is not authorized by the board to have access to that information. (b) A person commits an offense if the person intentionally, knowingly, or recklessly damages, destroys, deletes, or alters or impairs access to or use of information stored or maintained by a computer under the control of the board and the person is not authorized by the board to do so. (c) Subsection (b) does not apply to an interruption of utility service or other service that causes the damage, destruction, deletion, or alteration of or impairment of access to or use of the information unless the interruption was intended to have that result. (d) An offense under this section is a Class A misdemeanor. SECTION 18.02. The following laws are repealed: (1) Section 276.008, Election Code; (2) Chapter 323, Government Code; (3) Section 2053.004, Government Code; and (4) Section 6.14, Tax Code.
PART 2. TRANSFER OF FINANCIAL AUDIT FUNCTIONS FROM STATE AUDITOR TO LEGISLATIVE BUDGET BOARD
SECTION 18.03. Chapter 322, Government Code, is amended by adding Section 322.002 to read as follows: Sec. 322.002. DEFINITIONS. In this chapter: (1) "Board" means the Legislative Budget Board. (2) "Department" includes every department, agency, board, bureau, institution, or commission of the state. SECTION 18.04. Chapter 322, Government Code, is amended by adding Sections 322.0155 through 322.026 to read as follows: Sec. 322.0155. FINANCIAL AND COMPLIANCE AUDITS: POWERS AND DUTIES. (a) The board shall conduct financial audits of all departments, including institutions of higher education, as specified in the audit plan required under Subsection (c). The board may conduct an audit or investigation of any entity receiving funds from the state. (b) The board shall conduct the audits in accordance with generally accepted auditing standards as prescribed by the American Institute of Certified Public Accountants, the Governmental Accounting Standards Board, the United States General Accounting Office, or other professionally recognized entities that prescribe auditing standards. (c) The board shall devise an audit plan for the state for each fiscal year. In the plan, the board shall consider recommendations concerning coordination of agency functions made by representatives of the Performance Review Commission. The board shall also consider the extent to which a department has received a significant increase in appropriations, including a significant increase in federal or other money passed through to the department, and shall review procurement activities for compliance with Section 2161.123. The plan shall provide for the auditing of federal programs at least once in each fiscal biennium and shall ensure that audit requirements of all bond covenants and other credit or financial agreements are satisfied. (d) At any time during an audit or investigation, the board may require the assistance of the administrative head, official, auditor, accountant, or other employees of the entity being audited or investigated. (e) The board is entitled to access to all of the books, accounts, confidential or unconfidential reports, vouchers, or other records of information in any department or entity subject to audit, including access to all electronic data. (f) The board has access to information and data the release of which is restricted under federal law only with the approval of the appropriate federal administrative agency. The board shall have access to copyrighted or restricted information obtained by the office of the comptroller under subscription agreements and used in the preparation of economic estimates only for audit purposes. (g) The board may conduct compliance and financial audits as defined by Sections 322.016 and 322.017 and specified in the audit plan. (h) To the extent that the performance of the powers and duties of the board under law is not impeded, the board shall make reasonable efforts to coordinate requests for employee assistance under Subsection (d) or requests for access to books, accounts, vouchers, records, or data under Subsection (e) or (f) so as not to hinder the daily operations of the audited entity. (i) The board may not conduct audits of private entities concerning collection or remittance of taxes or fees to the state if the entity is subject to audit by another state agency for the taxes or fees. (j) If the board determines that a change in an accounting system is necessary, the board shall consider the present system of books, records, accounts, and reports to ensure that the transition will be gradual and that the past and present records will be coordinated into the new system. Sec. 322.016. COMPLIANCE AUDIT. A compliance audit is an audit to determine: (1) whether the audited entity has obligated, expended, received, and used state funds in accordance with the purpose for which those funds have been appropriated or otherwise authorized by law; (2) whether the audited entity has obligated, expended, received, and used state funds in accordance with any limitations, restrictions, conditions, or mandatory directions imposed by law on those obligations, expenditures, receipts, or uses; (3) in the case of a local or private entity or agency, whether the records, books, and accounts of the audited entity fairly and accurately reflect the entity's financial and fiscal operations relating to the obligation, receipt, expenditure, and use of state funds or funds represented as being collected for a state purpose; (4) whether the collections of state revenues and receipts by the audited entity are in accordance with applicable laws and regulations; and (5) whether money or negotiable securities or similar assets handled by the audited entity on behalf of the state or received from the state and held in trust by the audited entity have been properly and legally administered. Sec. 322.017. FINANCIAL AUDIT. A financial audit is an audit to determine: (1) in the case of the state or a department, whether the records, books, and accounts of the audited entity accurately reflect its financial and fiscal operations; (2) whether the audited entity is maintaining effective accounting control over revenues, obligations, expenditures, assets, and liabilities; (3) whether the accounting and record-keeping of collections of state revenues and receipts by the audited entity are fair, accurate, and in accordance with law; (4) whether the accounting and record-keeping of money or negotiable securities or similar assets handled by the audited entity on behalf of the state or received from the state and held in trust by the audited entity are proper, accurate, and in accordance with law; and (5) whether financial reports of the audited entity are fairly presented. Sec. 322.018. FINANCIAL AND COMPLIANCE AUDIT REPORTS. (a) The board shall prepare a written report for each financial or compliance audit conducted by the board. (b) The written report must include a management letter with comments about internal controls, compliance with state or federal laws, and recommendations for improving operations or program effectiveness, as applicable. The report must also include an opinion on fair presentation of financial statements if the board considers an opinion to be necessary. (c) The board shall file a copy of each report prepared under this section with: (1) the governor; (2) the lieutenant governor; (3) the speaker of the house of representatives; (4) the secretary of state; (5) the Legislative Reference Library; (6) each member of the governing body and the administrative head of each entity that is the subject of the report; and (7) members of the legislature on a committee with oversight responsibility for the entity or program that is the subject of the report. (d) The board shall maintain a complete file containing: (1) copies of each audit report; and (2) audit work papers and other evidence relating to the work of the board. (e) The board shall maintain the files required by Subsection (d) for at least eight years after the date on which the information is filed. (f) Each audited department or entity shall report on the manner in which the department or entity addressed the findings and recommendations that are included in a report prepared by the board under this section. The board shall prescribe the form and schedule for a report by the department or entity under this subsection. (g) If a department or entity does not implement a change recommended by the board's report, the department or entity shall file a report with the persons specified by Subsection (c). The report must: (1) identify the recommendation the department or entity did not implement; and (2) state the reason the department or entity did not implement the recommendation. Sec. 322.019. IMPROPER PRACTICES AND ILLEGAL TRANSACTIONS. (a) If in the course of an audit the board finds evidence of improper practices of financial administration, inadequate fiscal records, or uneconomical use of resources, the board, after consulting with the head of the department being audited, shall immediately report the evidence to the governor and to the administrative head and the chairman of the governing body of the affected department. (b) If in the course of an audit the board finds evidence of an illegal transaction, the board, after consulting with the head of the department, shall immediately report the transaction to the governor and the appropriate legal authority. (c) Immediately after receiving a report alleging improper practices of financial administration or uneconomical use of resources, the board shall review the report and shall consult with and may hold hearings with the administrative head and the chairman of the governing body of the affected department regarding the report. (d) If the administrative head or the governing body of the affected department refuses to make the changes recommended by the board at a hearing under Subsection (c) or refuses to provide any additional information or reports requested, the board shall report the refusal to the legislature. Sec. 322.020. REVIEW AND OVERSIGHT OF FUNDS AND ACCOUNTS RECEIVING COURT COSTS. (a) The board may review each fund and account into which money collected as a court cost is directed by law to be deposited to determine whether: (1) the money is being used for the purpose for which the money is collected; and (2) the amount of the court cost is appropriate, considering the purpose for which the cost is collected. (b) The board may perform reviews under this section as specified in the audit plan developed under Section 322.0155. (c) The board shall make the findings of a review performed under this section available to the public and shall report the findings to the governor, the chief justice of the supreme court, and the presiding judge of the court of criminal appeals. The report may include the board's recommendations for legislation or policy changes. Sec. 322.021. SUBPOENAS. (a) The board may subpoena witnesses or any books, records, or other documents reasonably necessary to conduct an examination under this chapter. (b) Each subpoena must be signed by the chairman or the secretary of the board. (c) On the request of the chairman or the secretary of the board, the sergeant at arms or an assistant sergeant at arms of either house of the legislature or any peace officer shall serve the subpoena in the manner prescribed for service of a district court subpoena. (d) If the person to whom a subpoena is directed fails to comply, the board may bring suit in district court to enforce the subpoena. If the court determines that good cause exists for the issuance of the subpoena, the court shall order compliance. The court may modify the requirements of a subpoena that the court determines are unreasonable. Failure to comply with the order of the district court is punishable as contempt. (e) The board may provide for the compensation of subpoenaed witnesses. The amount of compensation may not exceed the amount paid to a witness subpoenaed by a district court in a civil proceeding. Sec. 322.022. INTERFERENCE WITH AUDIT OR INVESTIGATION. (a) An officer or employee of this state or of an entity subject to audit or investigation by the board commits an offense if the officer or employee: (1) refuses to immediately permit the board to examine or have access to the books, accounts, reports, vouchers, papers, documents, or electronic data to which the board is entitled under Section 322.0155(e) or (f) or other law, or access to the cash drawer or cash from the officer's or employee's department; (2) interferes with an examination by the board; or (3) refuses to make a report required by this chapter. (b) An offense under this section is a Class A misdemeanor. Sec. 322.023. COORDINATION OF CERTAIN AUDITS. (a) Notwithstanding any other law, a state agency, or a corporation that is dedicated to the benefit of a state agency and that meets the criteria specified by Section B, Article 2.23B, Texas Non-Profit Corporation Act (Article 1396-2.23B, Vernon's Texas Civil Statutes), may employ a private auditor to audit the state agency or corporation only if: (1) the agency or corporation is authorized to do so by law or through a delegation of authority from the board; (2) the scope of the proposed audit has been submitted to the board for review and comment; and (3) the services of the private auditor are procured through a competitive selection process in a manner allowed by law. (b) At the joint direction of the lieutenant governor and the speaker of the house of representatives, the board shall provide contract management services to the agency or corporation for an audit described by this section. Sec. 322.024. GIFTS AND GRANTS. (a) The board may accept gifts, grants, and donations from any organization described in Section 501(c)(3), Internal Revenue Code of 1986, for the purpose of funding any activity under this chapter. (b) All gifts, grants, and donations must be accepted in an open meeting by a majority of the voting members of the board and reported in the public record of the committee with the name of the donor and purpose of the gift, grant, or donation. Sec. 322.025. COORDINATION OF INVESTIGATIONS. (a) If the administrative head of a department or entity that is subject to audit by the board has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the board. The board may investigate the report or may monitor any investigation conducted by the department or entity. (b) The board, in consultation with state agencies and institutions, shall prescribe the form, content, and timing of a report required by this section. (c) All records of a communication by or to the board relating to a report to the board under Subsection (a) are audit working papers of the board. (d) In this section, "audit working papers" means all documentary and other information prepared or maintained in conducting an audit or investigation, including all intra-agency and interagency communications relating to an audit or investigation and all draft reports or portions thereof. Sec. 322.026. SEAL. The board shall obtain a seal with "Legislative Budget Board, State of Texas" engraved around the margin and a five-pointed star in the center to be used to authenticate official documents issued by the board. SECTION 18.05. Chapter 321, Government Code, is repealed.
PART 3. CREATION OF PERFORMANCE REVIEW COMMISSION; ABOLITION OF SUNSET ADVISORY COMMISSION AND TRANSFER OF FUNCTIONS TO PERFORMANCE REVIEW COMMISSION
SECTION 18.06. Section 325.002, Government Code, is amended to read as follows: Sec. 325.002. DEFINITIONS. In this chapter: (1) ["State agency" means an agency expressly made subject to this chapter. [(2)] "Advisory committee" means a committee, council, commission, or other entity created under state law whose primary function is to advise a state agency. (2) [(3)] "Commission" means the Performance Review [Sunset Advisory] Commission. (3) "Department" includes every department, agency, board, bureau, institution, or commission of the state. (4) "State agency" means an agency expressly made subject to this chapter. SECTION 18.07. Section 325.003, Government Code, is amended by amending the section heading and Subsections (a), (d), and (i) to read as follows: Sec. 325.003. PERFORMANCE REVIEW [SUNSET ADVISORY] COMMISSION. (a) The Performance Review [Sunset Advisory] Commission consists of the lieutenant governor and three other [four] members of the senate and one public member appointed by the lieutenant governor and the speaker of the house of representatives and three other [four] members of the house of representatives and one public member appointed by the speaker of the house. [Each appointing authority may designate himself as one of the legislative appointees.] (d) Legislative members other than the lieutenant governor and the speaker of the house of representatives serve four-year terms, with terms staggered so that the terms of one-half of the legislative members appointed by the lieutenant governor and the terms of one-half of the legislative members appointed by the speaker expire September 1 of each odd-numbered year. The [If the] lieutenant governor and [or] the speaker shall serve [serves] on the commission[, he continues to serve] until resignation from the commission or until the lieutenant governor or speaker [he] ceases to hold the office. Public members serve two-year terms expiring September 1 of each odd-numbered year. (i) The speaker of the house of representatives is the chairman of the commission [shall have a chairman and vice-chairman as presiding officers. The chairmanship and vice-chairmanship must alternate every two years between the two membership groups appointed by the lieutenant governor and the speaker. The chairman and vice-chairman may not be from the same membership group. The lieutenant governor shall designate a presiding officer from his appointed membership group and the speaker shall designate the other presiding officer from his appointed membership group]. SECTION 18.08. Subsection (a), Section 325.008, Government Code, is amended to read as follows: (a) Before September 1 of the even-numbered year before the year in which a state agency subject to this chapter and its advisory committees are abolished, the commission shall: (1) review and take action necessary to verify the reports submitted by the agency under Section 325.007; (2) consult the Legislative Budget Board, the Governor's Budget and Planning Office, [the State Auditor,] and the comptroller of public accounts, or their successors, on the application to the agency of the criteria provided in Section 325.011; (3) conduct a performance evaluation of the agency based on the criteria provided in Section 325.011 and prepare a written report; and (4) review the implementation of commission recommendations contained in the reports presented to the legislature during the preceding legislative session. SECTION 18.09. Chapter 325, Government Code, is amended by adding Sections 325.0081 through 325.0086 to read as follows: Sec. 325.0081. OTHER POWERS AND DUTIES. (a) The commission shall conduct performance audits of all departments, including institutions of higher education, as specified in the audit plan developed under Subsection (c). (b) The commission shall conduct the audits in accordance with generally accepted auditing standards as prescribed by the American Institute of Certified Public Accountants, the Governmental Accounting Standards Board, the United States General Accounting Office, or other professionally recognized entities that prescribe auditing standards. (c) The commission shall develop and approve an audit plan for the state for each fiscal year. In devising the plan, the commission shall consider recommendations concerning coordination of agency functions made jointly by representatives of the commission and the Legislative Budget Board. (d) At any time during an audit the commission may require the assistance of the administrative head, official, auditor, accountant, or other employees of the entity being audited. (e) The commission is entitled to access to all of the books, accounts, confidential or unconfidential reports, vouchers, or other records of information in any department or entity subject to audit, including access to all electronic data except as provided by Subsection (f). (f) The commission has access to information and data the release of which is restricted under federal law only with the approval of the appropriate federal administrative agency. The commission shall have access to copyrighted or restricted information obtained by the comptroller under subscription agreements and used in the preparation of economic estimates only for audit purposes. (g) The commission may conduct economy and efficiency audits and effectiveness audits as defined by this chapter and specified in the audit plan. (h) To the extent that the performance of the powers and duties of the commission under law is not impeded, the commission shall make reasonable efforts to coordinate requests for employee assistance under Subsection (d) or requests for access to books, accounts, vouchers, records, or data under Subsection (e) or (f) so as not to hinder the daily operations of the audited entity. Sec. 325.0082. ECONOMY AND EFFICIENCY AUDIT. An economy and efficiency audit is an audit to determine: (1) whether the audited entity is managing or utilizing its resources, including personnel, property, equipment, and space, in an economical and efficient manner; (2) causes of inefficiencies or uneconomical practices, including inadequacies in management information systems, internal and administrative procedures, organizational structure, use of resources, allocation of personnel, purchasing, policies, and equipment; and (3) whether program and statistical reports of the audited entity contain useful data and are fairly presented. Sec. 325.0083. EFFECTIVENESS AUDIT. An effectiveness audit is an audit to determine, according to established or designated program objectives, responsibilities or duties, statutes and regulations, program performance criteria, or program evaluation standards: (1) whether the objectives and intended benefits are being achieved efficiently and effectively; and (2) whether the program duplicates, overlaps, or conflicts with another state program. Sec. 325.0084. IMPROPER PRACTICES AND ILLEGAL TRANSACTIONS. (a) If in the course of an audit the commission finds evidence of uneconomical use of resources or ineffective program performance, the commission, after consulting with the head of the department, shall immediately report the evidence to the governor and the administrative head and the chairman of the governing body of the affected department. (b) If in the course of an audit the commission finds evidence of an illegal transaction, the commission, after consulting with the head of the department, shall immediately report the transaction to the governor and the appropriate legal authority. (c) The commission shall review a report alleging uneconomical use of resources or ineffective program performance immediately. The commission shall consult with and may hold hearings with the administrative head and the chairman of the governing body of the affected department regarding the report. (d) If the administrative head or the governing body of the affected department refuses to make the changes recommended by the commission at the hearing or provide any additional information or reports requested, the commission shall report the refusal to the legislature. Sec. 325.0085. REVIEW OF INTERSCHOLASTIC COMPETITION. The commission may periodically review and analyze the effectiveness and efficiency of the policies, management, fiscal affairs, and operations of an organization that is a component or part of a state agency or institution and that sanctions or conducts interscholastic competition. The commission shall report the findings to the governor, lieutenant governor, and speaker of the house of representatives. The legislature may consider the commission's reports in connection with the legislative appropriations process. Sec. 325.0086. RECORDS MANAGEMENT REVIEW. (a) The commission may periodically review and analyze the effectiveness and efficiency of the policies and management of a state governmental committee or state agency that is involved in: (1) analyzing and recommending improvements to the state's system of records management; and (2) preserving the essential records of this state, including records relating to financial management information. (b) In this section, "state agency" has the meaning assigned by Section 2056.001. SECTION 18.10. Section 403.0205, Government Code, is repealed.
PART 4. POWERS AND FUNCTIONS OF THE STATE PRESERVATION BOARD
SECTION 18.11. Section 443.007, Government Code, is amended by adding Subsection (e) to read as follows: (e) The board may adopt any management or oversight method or procedure reasonably necessary to ensure that the requirements under Subsection (a) are met in the most economical and efficient manner. SECTION 18.12. Chapter 443, Government Code, is amended by adding Section 443.0232 to read as follows: Sec. 443.0232. CONSULTATION WITH THE LEGISLATIVE INFORMATION SERVICES BOARD. (a) The board shall consult with the Legislative Information Services Board regarding the installation of information technology equipment in the Capitol, the General Land Office Building, and their grounds. The interest of preservation must be balanced against the need of the legislative branch of state government for computer hardware and other types of office machinery and communication tools. (b) The consultation under Subsection (a) shall include an analysis of: (1) the extent of any permanent changes in the appearance of the buildings or their grounds likely to be caused by the installation of information technology equipment, including wiring and antennas; (2) methods for minimizing the impact of the installation on the appearance of the buildings or grounds; and (3) ways to ensure that any necessary alterations in the appearance of the buildings or grounds conform, to the extent reasonably practicable, with the architectural and historical integrity of the buildings or grounds.
PART 5. CONFORMING AMENDMENTS
SECTION 18.13. Subsection (a), Section 81.113, Government Code, is amended to read as follows: (a) Except as provided by Subsection (b), the state bar shall credit an attorney licensed in this state with meeting the minimum continuing legal education requirements of the state bar for a reporting year if during the reporting year the attorney is employed full-time as an attorney by: (1) the senate; (2) the house of representatives; (3) a committee, division, department, or office of the senate or house; (4) [the Texas Legislative Council; [(5)] the Legislative Budget Board; (5) [(6)] the Legislative Reference Library; [(7) the office of the state auditor;] or (6) [(8)] the Performance Review [Sunset Advisory] Commission. SECTION 18.14. Subsection (a), Section 301.021, Government Code, is amended to read as follows: (a) If for any reason it is necessary to obtain assistance in addition to the services provided by the Legislative Budget Board [State Auditor], attorney general, [Texas Legislative Council,] or Department of Public Safety, each general investigating committee may employ and compensate assistants to assist in any investigation, audit, or legal matter. SECTION 18.15. Subsection (a), Section 301.028, Government Code, is amended to read as follows: (a) Each standing committee, including a general investigating committee, may request necessary assistance from all state agencies, departments, and offices, including: (1) the Legislative Budget Board [State Auditor]; (2) [the Texas Legislative Council; [(3)] the Department of Public Safety; and (3) [(4)] the attorney general. SECTION 18.16. Subsections (a) and (d), Section 301.041, Government Code, are amended to read as follows: (a) A duly appointed senator's or representative's membership on the Legislative Budget Board, Legislative Library Board, [Legislative Audit Committee, Texas] Legislative Information Services Board [Council], or any other interim committee terminates if the member: (1) resigns the membership; (2) ceases membership in the legislature for any reason; or (3) fails to be nominated or elected to the legislature for the next term. (d) In filling a vacancy created under this section, the lieutenant governor or the speaker may appoint a senator or representative, as appropriate, other than a committee chairman designated by law to serve as a member of the Legislative Budget Board, Legislative Library Board, [Legislative Audit Committee, Texas] Legislative Information Services Board [Council], or any other interim committee. An appointment made under this subsection does not constitute an appointment to any position other than that of a member of a board[, council,] or committee covered by this section. SECTION 18.17. Section 302.032, Government Code, is amended to read as follows: Sec. 302.032. LEGISLATIVE BRIBERY: PROMISES OR THREATS. A person commits an offense if, with the intent to influence a member of or candidate for the house of representatives in casting a vote for speaker of the house of representatives, the person: (1) promises or agrees to cause: (A) the appointment of a person to a chairmanship or vice-chairmanship of a house committee or subcommittee; (B) the appointment of a person to a particular house committee or subcommittee, the Legislative Budget Board, the [Texas] Legislative Information Services Board [Council], the Legislative Library Board, [the Legislative Audit Committee,] or any other position the speaker appoints; (C) preferential treatment on any legislation or appropriation; (D) the employment of a person; or (E) economic benefit to a person; or (2) threatens to cause: (A) the failure to appoint a person to a chairmanship or vice-chairmanship of a house committee or subcommittee; (B) the failure to appoint a person to a particular house committee or subcommittee, the Legislative Budget Board, the [Texas] Legislative Information Services Board [Council], the Legislative Library Board, [the Legislative Audit Committee,] or any other position the speaker appoints; (C) unfavorable treatment on any legislation or appropriation; (D) the refusal of or removal from employment of a person; or (E) the withholding of economic benefit from a person. SECTION 18.18. Section 302.033, Government Code, is amended to read as follows: Sec. 302.033. LEGISLATIVE BRIBERY: ACCEPTING BENEFITS. A member of or candidate for the house of representatives commits an offense if, on the representation or understanding that the member or candidate will cast a vote for a particular person for speaker of the house of representatives, the member or candidate solicits, accepts, or agrees to accept: (1) the appointment of or refusal to appoint a person to a chairmanship or vice-chairmanship of a house committee or subcommittee; (2) the appointment of or refusal to appoint a person to a particular house committee or subcommittee, the Legislative Budget Board, the [Texas] Legislative Information Services Board [Council], the Legislative Library Board, [the Legislative Audit Committee,] or any other position the speaker appoints; (3) preferential or unfavorable treatment on any legislation or appropriation; (4) the employment of, refusal of employment of, or removal from employment of a person; or (5) economic benefit to or withholding of economic benefit from a person. SECTION 18.19. Section 306.007, Government Code, is amended to read as follows: Sec. 306.007. MINUTES AND REPORTS ELECTRONICALLY AVAILABLE TO LEGISLATURE. A state officer or board, commission, or other agency in the executive branch of state government, and an agency in the judicial branch of state government other than a court, shall make reports required by law and minutes of meetings of the agency's governing body available to members of the legislature and to agencies in the legislative branch of state government in an electronic format determined by the [Texas] Legislative Information Services Board [Council]. SECTION 18.20. Section 326.001, Government Code, is amended to read as follows: Sec. 326.001. DEFINITION. In this chapter, "legislative agency" means: (1) the senate; (2) the house of representatives; (3) a committee, division, department, or office of the senate or house; (4) the [Texas] Legislative Information Services Board [Council]; (5) the Legislative Budget Board; (6) the Legislative Reference Library; or (7) [the office of the State Auditor; or [(8)] any other agency in the legislative branch of state government. SECTION 18.21. Subsections (a) and (b), Section 326.003, Government Code, are amended to read as follows: (a) The [State Auditor's Office,] Legislative Budget Board[,] and the Performance Review [Sunset Advisory] Commission shall form a committee to make recommendations relating to the coordination of the agencies' functions. (b) The committee shall meet on a regular basis at least quarterly. The director of the Legislative Budget Board [State Auditor] shall call each meeting. SECTION 18.22. Subsection (b), Section 468.003, Government Code, is amended to read as follows: (b) The [Texas] Legislative Information Services Board [Council] shall provide office space and other support in Austin necessary for the state demographer to perform the demographer's duties for the legislature. SECTION 18.23. Subsection (d), Section 531.203, Government Code, is amended to read as follows: (d) The committee may use staff of standing committees in the senate and house of representatives with appropriate jurisdiction, the Department of Information Resources, [the state auditor, the Texas Legislative Council,] and the Legislative Budget Board in carrying out its responsibilities. SECTION 18.24. Subdivision (11), Section 572.002, Government Code, is amended to read as follows: (11) "State employee" means an individual, other than a state officer, who is employed by: (A) a state agency; (B) the Supreme Court of Texas, the Court of Criminal Appeals of Texas, a court of appeals, or the Texas Judicial Council; or (C) either house of the legislature or a legislative agency, council, or committee, including the Legislative Budget Board, the [Texas] Legislative Information Services Board [Council], [the State Auditor's Office,] and the Legislative Reference Library. SECTION 18.25. Subsection (a), Section 660.203, Government Code, is amended to read as follows: (a) An individual is entitled to reimbursement for the actual expense of meals and lodging incurred while performing the duties of the individual's office or employment if the individual is: (1) a judicial officer; (2) a chief administrative officer of a state agency, subject to Subsection (c); (3) [the executive director of the Texas Legislative Council; [(4)] the secretary of the senate; (4) [(5)] a member of the Texas Natural Resource Conservation Commission, the Texas Workforce Commission, the Public Utility Commission of Texas, the Board of Pardons and Paroles, or the Sabine River Compact Administration; or (5) [(6)] a full-time member of a board and receives a salary from the state for service on that board. SECTION 18.26. Section 660.206, Government Code, is amended to read as follows: Sec. 660.206. REPRESENTATION OF CERTAIN OFFICERS AND EMPLOYEES. (a) A state employee who is designated by a member of the legislature, a judicial officer, a chief administrator of a state agency, [the executive director of the Texas Legislative Council,] the secretary of the senate, or a board member to represent the designating party at a particular meeting or conference is entitled to reimbursement for the actual expense of meals and lodging on the trip. (b) A member of the legislature, a judicial officer, a chief administrator of a state agency, [the executive director of the Texas Legislative Council,] the secretary of the senate, and a board member may authorize a state employee traveling with the authorizing party to a particular meeting or conference to receive reimbursement for the actual expense of the employee's meals and lodging on the trip. SECTION 18.27. Subsection (a), Section 762.003, Government Code, is amended to read as follows: (a) The commission is composed of: (1) nine members appointed by the governor; and (2) [the executive director of the Texas Legislative Council or a person designated by the executive director; and [(3)] in addition to the persons described by Subdivision [Subdivisions] (1) [and (2)], residents of this state who have long service in the cause of uniformity in state legislation as shown by: (A) at least 20 years of service representing the state as an associate member of the national conference; (B) election as a life member of the national conference; or (C) at least 15 years of service as a member of the commission and at least five years of combined service as a judge or justice of a trial or appellate court of this state. SECTION 18.28. Section 762.011, Government Code, is amended to read as follows: Sec. 762.011. SUPPORT SERVICES. The [Texas] Legislative Information Services Board [Council] shall provide accounting, clerical, and other support services necessary for the commission to carry out its duties. SECTION 18.29. Subsection (c), Section 2052.0021, Government Code, is amended to read as follows: (c) A state agency shall make each report required by law available to members of the legislature in an electronic format determined by the [Texas] Legislative Information Services Board [Council]. The agency shall promptly send a suitable printed copy of the report to a member of the legislature at the request of the member. SECTION 18.30. Subsection (d), Section 2056.002, Government Code, is amended to read as follows: (d) A state agency shall send two copies of each plan to both the Legislative Reference Library and the state publications clearinghouse of the Texas State Library and one copy each to: (1) the governor; (2) the lieutenant governor; (3) the speaker of the house of representatives; (4) the Legislative Budget Board; and (5) the Performance Review [Sunset Advisory] Commission[; [(6) the state auditor; and [(7) the comptroller]. SECTION 18.31. Section 2056.010, Government Code, is amended to read as follows: Sec. 2056.010. AGENCY CONFORMANCE TO STRATEGIC PLAN. The Performance Review [comptroller, the Sunset Advisory] Commission, the [state auditor, the] Legislative Budget Board, or another agency that conducts performance audits of a state agency shall consider in the evaluation of an agency the extent to which the agency conforms to the agency's strategic plan. SECTION 18.32. Section 2102.009, Government Code, is amended to read as follows: Sec. 2102.009. ANNUAL REPORT. The internal auditor shall prepare an annual report and submit the report before November 1 of each year to the governor, the Legislative Budget Board, the Performance Review [Sunset Advisory] Commission, the [state auditor, the] state agency's governing board, and the administrator. The Legislative Budget Board [state auditor] shall prescribe the form and content of the report[, subject to the approval of the legislative audit committee]. SECTION 18.33. Subsections (a) and (c), Section 2102.0091, Government Code, are amended to read as follows: (a) A state agency shall file with the Performance Review [Sunset Advisory] Commission, the budget division of the governor's office, [the state auditor,] and the Legislative Budget Board a copy of each report submitted to the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board by the agency's internal auditor. (c) In addition to the requirements of Subsection (a), a state agency shall file with the budget division of the governor's office[, the state auditor,] and the Legislative Budget Board any action plan or other response issued by the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board in response to the report of the state agency's internal auditor. SECTION 18.34. Section 2155.203, Government Code, is amended to read as follows: Sec. 2155.203. PURCHASES BY LEGISLATURE AND LEGISLATIVE AGENCIES. A house of the legislature, or an agency, council, or committee of the legislature, including the Legislative Budget Board, the [Texas] Legislative Information Services Board [Council], [the state auditor's office,] and the Legislative Reference Library, may use the commission's purchasing services for purchasing goods and services, including items covered by Section 21, Article XVI, Texas Constitution. SECTION 18.35. Section 2158.065, Government Code, is amended to read as follows: Sec. 2158.065. DISTRIBUTION OF PRINTED LAWS. The secretary of state shall distribute the printed laws of each session of the legislature as follows: (1) one copy each to: (A) the governor; (B) the lieutenant governor; (C) the speaker of the house of representatives; (D) each court of appeals; and (E) each county law library; (2) [10 copies to the Texas Legislative Council; [(3)] 15 copies to the Legislative Reference Library; (3) [(4)] 30 copies to the State Law Library; and (4) [(5)] 60 copies to the Texas State Library. SECTION 18.36. Subsection (c), Section 201.403, Transportation Code, is amended to read as follows: (c) Not later than February 1 of each year, the director shall report to the commission, each house of the legislature, and the Performance Review [Sunset Advisory] Commission on the department's progress in the recruitment and hiring of women and minority applicants. SECTION 18.37. Subsection (c), Section 41.060, Utilities Code, is amended to read as follows: (c) The commission shall prepare a report for the Performance Review [Sunset Advisory] Commission that includes information submitted and responses by electric cooperatives in accordance with the Performance Review [Sunset Advisory] Commission's schedule for reviewing the commission. SECTION 18.38. Subsection (a), Section 12, Chapter 357, Acts of the 64th Legislature, Regular Session, 1975 (Article 4413(32e), Vernon's Texas Civil Statutes), is amended to read as follows: (a) The [Texas Legislative Council, the] Legislative Budget Board, [the Legislative Audit Committee,] the Advisory Commission on Intergovernmental Relations, and the Division of Planning Coordination shall, through their respective administrative officers, furnish staff assistance to the committee upon request. SECTION 18.39. Subsection (a), Section 11, Chapter 672, Acts of the 65th Legislature, Regular Session, 1977 (Article 4413(42a), Vernon's Texas Civil Statutes), is amended to read as follows: (a) The [Texas Legislative Council, the] Legislative Budget Board, [the Legislative Audit Committee,] the Texas Advisory Commission on Intergovernmental Relations, and the Division of Planning Coordination shall, through their respective administrative officers, furnish staff assistance to the committee upon request.
PART 6. TRANSITION
SECTION 18.40. (a) The Texas Legislative Council is abolished effective November 1, 2003. (b) On November 1, 2003: (1) all functions and activities assigned to or performed by the information systems division of the Texas Legislative Council immediately before that date are transferred to the Legislative Information Services Board; (2) all funds, obligations, contracts, property, and records of the Texas Legislative Council relating to the services performed by the information systems division of the Texas Legislative Council are transferred to the Legislative Information Services Board; (3) all employees of the information systems division of the Texas Legislative Council become employees of the Legislative Information Services Board; (4) all of the property and records of the Texas Legislative Council relating to the services performed by the legal and research divisions of the Texas Legislative Council are transferred to either the senate or the house of representatives, as determined by the lieutenant governor and the speaker of the house of representatives; (5) all employees of the legal and research divisions of the Texas Legislative Council become employees of either the senate or house of representatives, as determined by the lieutenant governor and the speaker of the house of representatives; and (6) a reference in law to the Texas Legislative Council that relates to the services performed by the information systems division of the Texas Legislative Council means the Legislative Information Services Board. SECTION 18.41. (a) The office of state auditor and the legislative audit committee are abolished but continue in effect until December 1, 2003, for the sole purpose of transferring to the Legislative Budget Board and the Performance Review Commission all the rights, powers, duties, and functions exercised by the state auditor and the legislative audit committee immediately before the effective date of this Act. The transfer must be completed not later than December 1, 2003. (b) All the funds, contracts, property, personnel, and records of the office of the state auditor and the legislative audit committee are transferred to the Legislative Budget Board and the Performance Review Commission, as determined by the lieutenant governor and the speaker of the house of representatives, for the purpose of performing the audit functions that the state auditor was authorized or required to perform immediately before the effective date of this Act. (c) A reference in law or in an administrative rule to the state auditor or the office of the state auditor or the legislative audit committee means the Legislative Budget Board, or the Performance Review Commission for the purposes of administering Chapter 325, Government Code (Texas Sunset Act), as amended by this Act. (d) A reference in law to a financial or compliance audit under Chapter 321, Government Code, as repealed by this Act, means an audit under Chapter 322, Government Code, as amended by this Act. (e) A reference in law to an efficiency audit, an economy audit, or a program audit under Chapter 321, Government Code, as repealed by this Act, means an audit under Chapter 325, Government Code (Texas Sunset Act), as amended by this Act. SECTION 18.42. (a) The Sunset Advisory Commission is abolished and the offices of the members of the commission serving on the effective date of this Act are abolished. Members of the commission serving immediately prior to the effective date of this Act are eligible for reappointment to the Performance Review Commission. Prior service on the Sunset Advisory Commission shall not disqualify a member of the legislature or a member of the public from appointment to the Performance Review Commission. In making initial appointments to the Performance Review Commission, the lieutenant governor and the speaker of the house of representatives, to comply with Chapter 325, Government Code (Texas Sunset Act), as amended by this Act, shall stagger the appointments of legislative members by specifying two-year and four-year terms for those members. The chairman of the Performance Review Commission shall be designated by the speaker of the house of representatives, and the vice chairman of the commission shall be designated by the lieutenant governor. (b) The validity of an action taken by the Sunset Advisory Commission before it is abolished under Subsection (a) of this section is not affected by the abolishment. SECTION 18.43. On November 1, 2003: (1) a rule, standard, or form adopted by the Sunset Advisory Commission is a rule, standard, or form of the Performance Review Commission and remains in effect until changed by the Performance Review Commission; (2) a reference in law to the Sunset Advisory Commission means the Performance Review Commission; (3) all money, contracts, leases, rights, and obligations of the Sunset Advisory Commission are transferred to the Performance Review Commission; (4) all property, including records, in the custody of the Sunset Advisory Commission becomes the property of the Performance Review Commission; (5) all employees of the Sunset Advisory Commission become employees of the Performance Review Commission; (6) the executive director of the Sunset Advisory Commission shall serve as the executive director of the Performance Review Commission until such time as the commission convenes to either continue the employment of that executive director or appoint another executive director; and (7) all funds appropriated by the legislature to the Sunset Advisory Commission are transferred to the Performance Review Commission. SECTION 18.44. On November 1, 2003, the lieutenant governor shall assume the chairmanship of the Legislative Information Services Board and the speaker of the house of representatives shall assume the vice chairmanship of the board. The initial terms of the lieutenant governor and the speaker of the house of representatives expire February 1, 2005.
ARTICLE 19. EFFECTIVE DATE
SECTION 19.01. Except as otherwise provided by this Act, this Act takes effect November 1, 2003.