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repealed.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.