BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1139

                                                                                                                                            By: Eltife

                                                                                                                           Government Reform

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

S.B. 1139 authorizes the Texas Building and Procurement Commission (commission) to monitor an agency during the ten-day state property sale process to ensure that the agency is properly conducting the sale according to the ethical, economical, and legal interests of the state.  The agency will be required to file a report with the commission outlining the property that is being sold, reasons for the sale, to whom the property is being sold, and the price brought for the property at the sale.  If the commission feels that a violation has occurred, the matter will be brought before the Legislative Budget Board.

 

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

 

SECTION 1.  Amends Section 2175.125, Government Code, as follows:

 

Sec. 2175.125.  New heading:  DIRECT TRANSFER;  MONITORING BY COMMISSION.  Requires the reporting state agency, during the ten business days after the date a property is posted on the comptroller's website, to coordinate its activities with the Texas Building and Procurement Commission (commission) to allow the commission to monitor the reporting state agency's activities under this section.  Requires the commission to ensure that the reporting state agency is ethically and legally conducting a transfer according to the best economic interests of the state.  Requires the transferring agency, if a property is transferred under this section, to report the transaction to the commission.  Sets forth requirements for information to be included in the report.  Requires the commission, if the commission determines that a violation of a state law or rule has occurred based on the monitoring or the report, to report the violation to the Legislative Budget Board.

 

SECTION 2.  Effective date: September 1, 2005.

 

EFFECTIVE DATE

 

September 1, 2005.