80R7440 YDB-D

By: Patrick, Dan S.B. No. 1190

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a commission on state government spending to address waste, fraud, and abuse in state agency operations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 10, Government Code, is amended by adding Chapter 2060 to read as follows: CHAPTER 2060. COMMISSION ON STATE GOVERNMENT SPENDING

Sec. 2060.001. DEFINITION. In this chapter, "state agency" means any department, commission, board, office, or other agency that:

(1) is in the executive branch of state government;

(2) has authority that is not limited to a geographical portion of the state; and

(3) was created by the constitution or a statute of this state.

Sec. 2060.002. COMMISSION COMPOSITION. (a) The Commission on State Government Spending is composed of a number of members determined and selected in equal numbers by the governor, lieutenant governor, and speaker of the house of representatives.

(b) A member of the commission must have the qualifications determined by the governor, lieutenant governor, and speaker of the house of representatives and may not be currently serving as a member of the house of representatives or senate.

(c) A member of the commission serves at the will of the appointing authority.

Sec. 2060.003. OFFICERS; COMPENSATION; MEETINGS. (a) The governor, lieutenant governor, and speaker of the house of representatives shall jointly designate a presiding officer from among the members of the commission. The commission may elect other officers from its members as the commission considers appropriate.

(b) A member of the commission may not receive compensation for service on the commission.

(c) The commission shall meet at the call of the presiding officer or the governor, lieutenant governor, and speaker of the house of representatives.

Sec. 2060.004. DUTIES. The commission shall:

(1) conduct audits and in-depth reviews of the operations of state agencies to identify waste, fraud, or abuse occurring in state agency operations;

(2) investigate and study cases reported to the commission of suspected waste, fraud, and abuse in state agency operations; and

(3) prepare a list of substantive recommendations to reduce or eliminate waste, fraud, and abuse in state agency operations.

Sec. 2060.005. AGENCY COOPERATION. The administrative head of a state agency shall provide to the commission information requested by the commission in performing its duties under this chapter.

Sec. 2060.006. REPORT AND LIST OF RECOMMENDATIONS. (a) Not later than January 1, 2009, the commission shall present to the governor, lieutenant governor, and speaker of the house of representatives:

(1) a report on the results of the investigation and study conducted under this chapter; and

(2) a substantive list of recommendations for reducing or eliminating waste, fraud, and abuse in state agency operations.

(b) The 81st Legislature in Regular Session shall introduce the commission's unaltered recommendations as a bill and shall accept or reject but may not amend the list of substantive recommendations by record vote.

Sec. 2060.007. APPLICABILITY OF OTHER LAW. Chapter 2110 does not apply to the commission.

Sec. 2060.008. EXPIRATION. This chapter expires September 1, 2009.

SECTION 2. As soon as practicable after the effective date of this Act, the governor, lieutenant governor, and speaker of the house of representatives shall appoint members to the Commission on State Government Spending as required under Chapter 2060, Government Code, as added by this Act.

SECTION 3. This Act takes effect immediately if it 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 immediate effect, this Act takes effect September 1, 2007.