BILL ANALYSIS
By: Otto
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Several statutory provisions impose a responsibility on political subdivisions and state agencies to submit various reports, statements, or audits to the attorney general, without also directing the attorney general to use the reports for any purpose.
C.S.H.B. 1820 amends two statutory provisions and a special act of the legislature that impose a duty on political subdivisions or state agencies to file reports with the attorney general that are unused by the Attorney General's office.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
The changes to Section 2111.002 of the Government Code require each state agency, except institutions of higher education, to file with the lieutenant governor and the speaker of the house of representatives, in lieu of the attorney general, yearly reports on technological innovations developed by the agency that has potential commercial application, is proprietary, or could be protected under intellectual property laws, and was developed during the preceding year. This section does not apply to state agencies who, upon passage of this bill, have already submitted a report to the attorney general.
Repeals the requirement that a municipality file with the attorney general a tax increment financing reinvestment zone report on the status of the zone. The report is still required to be sent to the comptroller.
Finally, the bill repeals the requirement in section 4.08(c), chapter 427, Acts of the 44th Legislature, 1st Called Session, 1935, (Article 8280-115, Vernon's Texas Civil Statutes), by deleting the requirement that the Nueces River Authority file with the attorney general a copy of the audit that the state auditor is required to conduct each fiscal year. The report is still required to be filed with the governor, lieutenant governor, the speaker of the house of representatives, the commission on environmental quality, and the comptroller, and also kept on file with the authority.
EFFECTIVE DATE
The act becomes effective immediately if it receives a vote of two-thirds of all the members elected to each house, as provided the bill does not receive the vote necessary for immediate effect, the act takes effect September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute removed the changes made in sections 1 and 2 of the original version of the bill.
In addition, the original version of the bill repealed the requirements in Chapter 2111 of the Government Code. The substitute version of the bill instead amends Section 2111.002 of the Government Code to require that state agencies report technological innovations to the speaker of the house and the lieutenant governor in lieu of the attorney general. The substitute also states that reports filed under Section 2111.002(B) before the effect date of this act are not required to be filed with the lieutenant governor and the speaker of the House of Representatives.