By: Geren H.B. No. 3362
A BILL TO BE ENTITLED
AN ACT
relating to performance and efficiency reviews of certain
governmental entities and programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 403, Government Code, is
amended by adding Sections 403.020, 403.0201, 403.0202, 403.0203,
and 403.0204 to read as follows:
Sec. 403.020. EFFICIENCY REVIEW OF STATE AGENCIES. (a) In
this section, "state agency" has the meaning assigned by Section
2056.001.
(b) The comptroller periodically may review and analyze the
effectiveness and efficiency of the policies, management, fiscal
affairs, and operations of state agencies.
(c) The comptroller shall report the findings of the review
and analysis to the governor and the legislature.
(d) The legislature may consider the comptroller's reports
in connection with the legislative appropriations process.
Sec. 403.0201. PERFORMANCE REVIEW OF INSTITUTIONS OF HIGHER
EDUCATION. (a) In this section, "public junior college" and
"general academic teaching institution" have the meanings assigned
by Section 61.003, Education Code.
(b) The comptroller may periodically review the
effectiveness and efficiency of the budgets and operations of:
(1) public junior colleges; and
(2) general academic teaching institutions.
(c) A review under this section may be initiated by the
comptroller or at the request of:
(1) the governor; or
(2) the public junior college or general academic
teaching institution.
(d) A review may be initiated by a public junior college or
general academic teaching institution only at the request of the
president of the college or institution or by a resolution adopted
by a majority of the governing body of the college or institution.
(e) If a review is initiated by a public junior college or
general academic teaching institution, the comptroller may require
the college or institution to pay 25 percent of the cost incurred in
conducting the review.
(f) The comptroller shall:
(1) prepare a report showing the results of each
review conducted under this section;
(2) file the report with:
(A) the chief executive officer of the public
junior college or general academic teaching institution that is the
subject of the report; and
(B) the governor, the lieutenant governor, the
speaker of the house of representatives, the chairs of the standing
committees of the senate and of the house of representatives with
primary jurisdiction over higher education, and the commissioner of
higher education; and
(3) make the entire report and a summary of the report
available to the public on the Internet.
Sec. 403.0202. PERFORMANCE REVIEW OF SCHOOL DISTRICTS. (a)
The comptroller may periodically review the effectiveness and
efficiency of the operations of school districts, including the
district's expenditures for its officers' and employees' travel
services. A review of a school district may be initiated by the
comptroller at the comptroller's discretion or on the request of
the school district. A review may be initiated by a school district
only by resolution adopted by a majority of the members of the board
of trustees of the district.
(b) If a review is initiated on the request of the school
district, the comptroller may require the district to pay 25
percent of the cost incurred in conducting the review.
(c) The comptroller shall:
(1) prepare a report showing the results of each
review conducted under this section;
(2) file the report with the school district, the
governor, the lieutenant governor, the speaker of the house of
representatives, the chairs of the standing committees of the
senate and the house of representatives with jurisdiction over
public education, and the commissioner of education; and
(3) make the entire report and a summary of the report
available to the public on the Internet.
Sec. 403.0203. REVIEW OF INTERSCHOLASTIC COMPETITION. The
comptroller 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 comptroller shall report the
findings to the governor and the legislature. The legislature may
consider the comptroller's reports in connection with the
legislative appropriations process.
Sec. 403.0204. RECORDS MANAGEMENT REVIEW. (a) In this
section, "state agency" has the meaning assigned by Section
2056.001.
(b) The comptroller 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.
SECTION 2. Sections 322.015, 322.016, 322.0165, 322.017,
and 322.018, Government Code, are repealed.
SECTION 3. On the effective date of this Act:
(1) all records and other property of the Legislative
Budget Board that relate to efficiency reviews of state agencies,
performance reviews of institutions of higher education,
performance reviews of school districts, reviews of
interscholastic competition, or records management reviews are
transferred to the comptroller of public accounts;
(2) all unexpended and unobligated appropriations of
the Legislative Budget Board relating to the board's efficiency
reviews of state agencies, performance reviews of institutions of
higher education, performance reviews of school districts, reviews
of interscholastic competition, or records management reviews are
transferred to the comptroller of public accounts;
(3) all employees of the Legislative Budget Board
whose primary functions relate to efficiency reviews of state
agencies, performance reviews of institutions of higher education,
performance reviews of school districts, reviews of
interscholastic competition, or records management reviews become
employees of the comptroller of public accounts; and
(4) any reference in law to the Legislative Budget
Board that relates to efficiency reviews of state agencies,
performance reviews of institutions of higher education,
performance reviews of school districts, reviews of
interscholastic competition, or records management reviews means
the comptroller of public accounts.
SECTION 4. This Act takes effect September 1, 2005.