81R2294 JTS-F
 
  By: Madden H.B. No. 561
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of county auditors with respect to
  computer software and data of other local officers or departments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 112, Local Government
  Code, is amended by adding Section 112.011 to read as follows:
         Sec. 112.011.  INFORMATION TECHNOLOGY AND SOFTWARE
  PROGRAMS; LIMITATION ON AUDITOR AUTHORITY. In exercising authority
  granted under this subchapter, a county auditor in a county with a
  population of 190,000 or more may not mandate the use of information
  technology components or software programs used by county
  departments, district clerks, district attorneys, county officers,
  or precinct officers.
         SECTION 2.  Section 115.001, Local Government Code, is
  amended to read as follows:
         Sec. 115.001.  EXAMINATION OF RECORDS. (a) The county
  auditor shall [have continual access to and shall] examine and
  investigate the correctness of:
               (1)  the books, accounts, reports, vouchers, and other
  financial records of any officer;
               (2)  the orders of the commissioners court relating to
  county finances; and
               (3)  the vouchers given by the trustees of all common
  school districts of the county.
         (b)  In exercising authority granted under this section, a
  county auditor may not directly access or manipulate real-time data
  on a computer maintained by a county department or a district clerk,
  district attorney, county officer, or precinct officer except as
  authorized by a written agreement between the auditor and the
  entity responsible for compiling or maintaining the applicable
  data.
         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, 2009.