Amend CSSB 1952 by adding the following appropriately
numbered ARTICLE of the bill and renumbering subsequent ARTICLEs
accordingly:
ARTICLE ____. 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 ____.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 ____.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 ____.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 ____.04. Chapter 322, Government Code, is amended
by adding Sections 322.015 through 322.026 to read as follows:
Sec. 322.015. 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 322.015.
(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 322.015(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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.10. Sections 403.0205, Government Code, is
repealed.
PART 4. POWERS AND FUNCTIONS OF THE
STATE PRESERVATION BOARD
SECTION ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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. 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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.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 ____.40. (a) The Texas Legislative Council is
abolished effective September 1, 2003.
(b) On September 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 ____.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 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 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.
(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 ____.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.
(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 ____.43. On September 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; and
(5) all funds appropriated by the legislature to the
Sunset Advisory Commission are transferred to the Performance
Review Commission.
SECTION ____.44. On September 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.