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A BILL TO BE ENTITLED
|
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AN ACT
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relating to accountability and transparency in government |
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operations, including disclosure, oversight, and enforcement |
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measures; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. SHORT TITLE; FINDINGS; PURPOSE |
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SECTION 1.01. This Act may be cited as the "Texas Government |
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Accountability and Transparency Act of 2009." |
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SECTION 1.02. The legislature finds that the public's |
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confidence in its government is highest when there is adequate |
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oversight of government spending and performance by an independent |
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agency that answers to the people's elected representatives. |
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SECTION 1.03. The purpose of Article 2 of this Act is to |
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ensure that the State Auditor and the State Accountability Office |
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are able to provide the highest level of oversight of government |
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spending and performance to ensure the greatest possible economy |
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and efficiency in government. |
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ARTICLE 2. STATE AUDITOR AND STATE ACCOUNTABILITY OFFICE |
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SECTION 2.01. The heading to Chapter 321, Government Code, |
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is amended to read as follows: |
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CHAPTER 321. STATE ACCOUNTABILITY OFFICE AND STATE AUDITOR |
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SECTION 2.02. Chapter 321, Government Code, is amended by |
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designating Sections 321.001 through 321.012 as Subchapter A and |
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adding a heading for Subchapter A to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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SECTION 2.03. Section 321.001, Government Code, is amended |
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by amending Subdivisions (1), (3), and (4) and adding Subdivisions |
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(4-a) and (4-b) to read as follows: |
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(1) "Audit plan" means the outline of the office's work |
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[approved by the committee] for [the State Auditor's Office in] a |
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year for the performance of audits and related services, including |
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technical assistance, data analysis, consulting and oversight |
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functions, investigations, and the preparation of audit reports and |
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other types of communications. |
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(3) "Board" ["Committee"] means the legislative audit |
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board [committee]. |
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(4) "Department" includes every state department, |
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agency, board, bureau, institution, or commission. The term |
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includes an institution of higher education as defined by Section |
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61.003, Education Code. |
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(4-a) "Office" means the State Accountability Office. |
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(4-b) "Recovery Act" means the American Recovery and |
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Reinvestment Act of 2009 (Pub. L. No. 111-5) and includes any |
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subsequent federal economic stimulus legislation. |
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SECTION 2.04. Subchapter A, Chapter 321, Government Code, |
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as added by this Act, is amended by adding Sections 321.0011, |
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321.0014, and 321.0015 to read as follows: |
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Sec. 321.0011. STATE ACCOUNTABILITY OFFICE. The State |
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Accountability Office is an independent agency of the legislative |
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branch of state government. |
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Sec. 321.0014. APPLICABILITY TO CERTAIN ENTITIES. This |
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chapter applies to the following entities in the same manner as if |
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each entity were a department: |
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(1) an independent organization certified by the |
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Public Utility Commission of Texas under Section 39.151, Utilities |
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Code; |
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(2) a regional mobility authority; |
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(3) the Texas Economic Development Corporation; |
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(4) a nonprofit organization that is established by a |
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state officer or department and that solicits gifts, grants, and |
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other donations for the Texas Enterprise Fund under Section |
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481.078; |
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(5) a nonprofit organization that is established by a |
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state officer or department and that solicits gifts, grants, and |
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other donations for any other purpose; and |
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(6) any public or private person or entity receiving |
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funds through a governmental entity in this state that were made |
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available by or provided under the Recovery Act. |
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Sec. 321.0015. REFERENCES IN LAW. (a) A reference in this |
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chapter or other law to the state auditor's office means the State |
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Accountability Office. |
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(b) A reference in this chapter or other law to the |
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legislative audit committee means the legislative audit board. |
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SECTION 2.05. Section 321.002, Government Code, is amended |
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to read as follows: |
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Sec. 321.002. LEGISLATIVE AUDIT BOARD [COMMITTEE]. |
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(a) The legislative audit board [committee] consists of: |
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(1) the lieutenant governor; |
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(2) the speaker of the house of representatives; |
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(3) the chair [chairman] of the senate finance |
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committee; |
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(4) four other members [one member] of the senate |
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appointed by the lieutenant governor; |
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(5) the chair [chairman] of the house appropriations |
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committee; [and] |
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(6) the chair [chairman] of the house ways and means |
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committee; and |
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(7) three other members of the house appointed by the |
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speaker. |
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(b) In the absence of the chair [chairman] of a house or |
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senate committee, the vice chair [vice-chairman] of the respective |
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committee shall act. |
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(c) Members of the board [committee] serve without |
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compensation but are entitled to actual and necessary expenses |
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incurred in performing official duties. |
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(d) The board [committee] shall employ necessary clerical |
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assistants as allowed by legislative appropriation. |
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(e) The lieutenant governor and the speaker are joint chairs |
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of the board [committee]. [The committee shall elect one member to
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serve as secretary.] |
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SECTION 2.06. Subchapter A, Chapter 321, Government Code, |
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as added by this Act, is amended by adding Section 321.003 to read |
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as follows: |
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Sec. 321.003. SUNSET PROVISION. The office and the board |
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are subject to review under Chapter 325 (Texas Sunset Act) but are |
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not abolished under that chapter. The office and board shall be |
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reviewed during the periods in which state agencies scheduled to be |
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abolished in 2013. |
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SECTION 2.07. Section 321.004, Government Code, is amended |
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to read as follows: |
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Sec. 321.004. MEETINGS RELATED TO RECOVERY ACT [PROCEDURE
|
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FOR TIE VOTE]. Beginning July 1, 2009, the board shall meet at |
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least once each month in Austin to take testimony and receive |
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evidence related to funds received by the state from the federal |
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government for economic stabilization, including Recovery Act |
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funds. This section expires January 1, 2011 [(a)
If the full
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committee is present and is not able to resolve a tie vote within a
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reasonable time on a matter this chapter requires the committee to
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decide, the committee shall select a member of the house or senate
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to meet with the committee and to cast the tie-breaking vote.
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[(b)
The seventh member's duty to the committee ends when
|
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the member casts the tie-breaking vote and the matter is resolved]. |
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SECTION 2.08. Section 321.005, Government Code, is amended |
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to read as follows: |
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Sec. 321.005. [APPOINTMENT OF] STATE AUDITOR; APPOINTMENT. |
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(a) The State Auditor is the office's chief executive and |
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administrative officer. The State Auditor [committee] shall: |
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(1) administer and enforce this chapter; |
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(2) [appoint a State Auditor to] investigate all |
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custodians of state funds, disbursing agents, and department |
|
personnel; |
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(3) investigate fraud or abuse in all departments, |
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including misuse of funds, conflicts of interest, contract abuses, |
|
and other violations of law; |
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(4) monitor the compliance of all departments with the |
|
applicable laws relating to the powers, duties, and functions of |
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the departments; |
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(5) refer criminal matters as appropriate to the |
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Travis County district attorney or the prosecuting attorney of the |
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county in which an offense is alleged to have occurred; |
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(6) refer civil matters, as appropriate, to the |
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attorney general, the Travis County district attorney, or the |
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district or county attorney, as applicable, for the county in which |
|
a civil action regarding the matter would be brought; and |
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(7) perform all other duties and exercise all other |
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powers granted to the office or the State Auditor by this chapter or |
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any other law. |
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(b) The board [committee] shall appoint the State Auditor. |
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The joint chairs of the board shall execute a written declaration of |
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the person appointed by the board as State Auditor and file the |
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declaration with the secretary of state. |
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(c) The State Auditor serves at the will of the board |
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[committee]. The State Auditor is ineligible to be a candidate for |
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a public elective office in this state unless the State Auditor has |
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resigned and the board has accepted the resignation. |
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(d) The board [committee] shall fill any vacancy in the |
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office of State Auditor. |
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(e) A majority vote of the board [committee] members is |
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sufficient to exercise any action authorized by this section. |
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SECTION 2.09. Section 321.008(b), Government Code, is |
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amended to read as follows: |
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(b) The State Auditor must file the oath with the secretary |
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of state not later than the 10th day after the date on which the |
|
board [committee] appointed the State Auditor, or the board |
|
[committee] or a majority of the board [committee] members shall |
|
appoint another qualified person as State Auditor. |
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SECTION 2.10. Section 321.023, Government Code, is |
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transferred to Subchapter A, Chapter 321, Government Code, as added |
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by this Act, redesignated as Section 321.009, Government Code, and |
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amended to read as follows: |
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Sec. 321.009 [321.023]. SEAL. The [state auditor shall
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obtain a] seal of the office is [with "State Auditor, State of
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Texas" engraved around the margin and] a five-pointed star in the |
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center with the words "State Accountability Office, State of Texas" |
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engraved around the margin. The seal shall [to] be used to |
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authenticate official documents issued by or on the order of the |
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state auditor. |
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SECTION 2.11. Section 321.010(a), Government Code, is |
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amended to read as follows: |
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(a) The State Auditor shall [may] appoint a first assistant |
|
state auditor with the approval of the board. |
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SECTION 2.12. Subchapter A, Chapter 321, Government Code, |
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as added by this Act, is amended by adding Sections 321.0101 and |
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321.0102 to read as follows: |
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Sec. 321.0101. COUNSELOR; ADVISORY OPINIONS. (a) The |
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State Auditor shall appoint a counselor. |
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(b) The counselor must be an attorney licensed to practice |
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law in this state. |
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(c) The counselor may issue advisory opinions under |
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procedures approved by the State Auditor relating to the |
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appropriate use of and authority to spend state funds. |
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Sec. 321.0102. CHIEF CLERK. The State Auditor may appoint a |
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chief clerk to receive, file, and carefully preserve all documents |
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and records provided to the State Auditor and the office and to |
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serve as secretary to the board. |
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SECTION 2.13. Sections 321.011(a), (b), and (c), Government |
|
Code, are amended to read as follows: |
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(a) Subject to the General Appropriations Act, and as |
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necessary to carry out the powers and duties of the State Auditor |
|
and the office under this chapter and other laws granting |
|
jurisdiction or applicable to the State Auditor or the office, the |
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[The] State Auditor may: |
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(1) appoint [may employ a professional staff,
|
|
including] assistant state auditors and special agents; and |
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(2) employ other [stenographic and clerical] |
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personnel. |
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(b) The State Auditor shall establish the qualifications |
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necessary for appointment or employment, including qualifications |
|
regarding necessary legal knowledge, law enforcement experience, |
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honesty, integrity, education, training, and executive ability. A |
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person appointed or employed must have the experience necessary to |
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qualify the person for the position. The State Auditor may conduct |
|
professional examinations to determine the qualifications of a |
|
person seeking appointment or employment [prospective staff
|
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members]. |
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(c) The State Auditor may discharge any [assistant auditors
|
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or stenographic or clerical] personnel at any time for any reason |
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satisfactory to the State Auditor and without a hearing. |
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SECTION 2.14. Subchapter A, Chapter 321, Government Code, |
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is amended by adding Sections 321.0111, 321.0112, and 321.0113 to |
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read as follows: |
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Sec. 321.0111. SPECIAL AGENTS. (a) The State Auditor may |
|
employ and commission special agents to assist the office in |
|
carrying out the duties of the office relating to detection, |
|
investigation, and prevention of fraud, waste, and abuse. |
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(b) A special agent employed by the office is not: |
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(1) a peace officer but has the powers of search and |
|
seizure, as to felony offenses only, under the laws of this state; |
|
or |
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(2) entitled to supplemental benefits from the law |
|
enforcement and custodial officer supplemental retirement fund |
|
unless the officer transfers from a position, without a break in |
|
service, that qualifies for supplemental retirement benefits from |
|
the fund. |
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(c) The State Auditor may not commission more than 20 |
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special agents at any time. |
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Sec. 321.0112. EXPERTS. Subject to the availability of |
|
funds, the State Auditor may contract with certified public |
|
accountants, qualified management consultants, or other |
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professional experts as necessary to independently perform the |
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functions of the office under this chapter or other law. |
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Sec. 321.0113. PERSONNEL; POLITICAL INFLUENCE. (a) The |
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State Auditor and office personnel are to be free from partisan |
|
politics, and the State Auditor is free to select the most efficient |
|
personnel available for each position in the office so that the |
|
State Auditor may render to the legislature the service the |
|
legislature has a right to expect. |
|
(b) It is against public policy and a criminal offense for a |
|
member of the legislature, an officer or employee of the state, or |
|
an officer or employee of a state department to recommend or suggest |
|
that the State Auditor appoint a person to a position in the office. |
|
An offense under this section is a Class A misdemeanor. |
|
SECTION 2.15. Sections 321.012(a) and (c), Government Code, |
|
are amended to read as follows: |
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(a) The board [committee] directs and controls the |
|
expenditure of any money appropriated to the office [of the State
|
|
Auditor] and must approve the State Auditor's appropriation |
|
requests [and audit plan]. |
|
(c) The salaries of the assistant auditors and other |
|
[stenographic and clerical] personnel may not exceed the amounts |
|
paid by other departments for similar services without the approval |
|
of the board. |
|
SECTION 2.16. Subchapter A, Chapter 321, Government Code, |
|
as added by this Act, is amended by adding Sections 321.0121 through |
|
321.0124 to read as follows: |
|
Sec. 321.0121. PUBLIC INTEREST INFORMATION. (a) The |
|
office shall prepare information of public interest describing: |
|
(1) the functions of the office, including the |
|
functions of the State Auditor; |
|
(2) the matters or issues that may be subject to |
|
audits, investigations, and other functions performed by the |
|
office; and |
|
(3) the manner in which a person may report an |
|
allegation of fraud or abuse to the office. |
|
(b) The office shall make the information described by |
|
Subsection (a) available to state officers and employees and to the |
|
public. |
|
Sec. 321.0122. REQUIRED CONTRACT DISCLOSURE STATEMENT. (a) |
|
The office shall develop a standard contract provision requiring a |
|
contractor to disclose to the office the amount of a payment made |
|
under the contract to any subcontractor, consultant, or person |
|
required to register as a lobbyist under Chapter 305 or the Lobbying |
|
Disclosure Act of 1995 (2 U.S.C. Section 1601 et seq.). |
|
(b) A department shall include the provision in any contract |
|
entered into by the department. |
|
Sec. 321.0123. CONTRACT REPORTING REQUIREMENTS. A |
|
department that is required under other law to report information |
|
relating to a contract entered into by the department to the |
|
Legislative Budget Board shall also report the information to the |
|
office. |
|
Sec. 321.0124. POSTING OF CONTRACT INFORMATION ON INTERNET. |
|
(a) The office shall post any information received by the office |
|
that relates to a contract entered into by a department and that is |
|
not confidential by law on an Internet site maintained by or for the |
|
office. The office shall post the information in a timely manner |
|
after receipt of the information. |
|
(b) The Internet site must be accessible to the public. |
|
SECTION 2.17. Chapter 321, Government Code, is amended by |
|
designating Sections 321.013 through 321.022 as Subchapter B and |
|
adding a heading for Subchapter B to read as follows: |
|
SUBCHAPTER B. AUDITS AND INVESTIGATIONS |
|
SECTION 2.18. The heading for Section 321.013, Government |
|
Code, is amended to read as follows: |
|
Sec. 321.013. ADDITIONAL POWERS AND DUTIES OF STATE |
|
AUDITOR. |
|
SECTION 2.19. Sections 321.013(a), (c), and (f), Government |
|
Code, are amended to read as follows: |
|
(a) The State Auditor shall conduct audits of all |
|
departments, including institutions of higher education, as |
|
specified in the audit plan. The [At the direction of the
|
|
committee, the] State Auditor may [shall] conduct an audit or |
|
investigation of any entity receiving funds from the state. |
|
(c) The State Auditor shall prepare an [recommend the] audit |
|
plan for the state for each year [to the committee]. In devising |
|
the plan, the State Auditor shall consider recommendations |
|
concerning coordination of agency functions made jointly by |
|
representatives of the Legislative Budget Board, Sunset Advisory |
|
Commission, and the office [State Auditor's Office]. The State |
|
Auditor shall also consider the extent to which a department has |
|
received a significant increase in appropriations, including a |
|
significant increase in federal or other money passed through to |
|
the department, and shall review procurement activities for |
|
compliance with Section 2161.123. The plan shall provide for |
|
auditing of federal programs at least as often as required under |
|
federal law and shall ensure that audit requirements of all bond |
|
covenants and other credit or financial agreements are satisfied. |
|
The board [committee] shall review [and approve] the plan. |
|
(f) The State Auditor may conduct financial audits, |
|
compliance audits [and investigations, and, with specific
|
|
authority from the committee], economy and efficiency audits, |
|
effectiveness audits, and special audits as defined by this chapter |
|
and specified in the audit plan. The State Auditor shall conduct or |
|
direct investigations as necessary. |
|
SECTION 2.20. Section 321.016, Government Code, is amended |
|
to read as follows: |
|
Sec. 321.016. IMPROPER PRACTICES AND ILLEGAL TRANSACTIONS. |
|
(a) If in the course of an audit the State Auditor finds evidence |
|
of improper practices of financial administration, inadequate |
|
fiscal records, uneconomical use of resources, or ineffective |
|
program performance, the State Auditor, after consulting with the |
|
head of the agency, shall immediately report the evidence to the |
|
governor, the board [committee], the chairs of the committees of |
|
each house with oversight responsibility for the agency, and the |
|
administrative head and the chair [chairman] of the governing body |
|
of the affected department. |
|
(b) If in the course of an audit the State Auditor finds |
|
evidence of an illegal transaction, the State Auditor, after |
|
consulting with the head of the agency, shall immediately report |
|
the transaction to the governor, the board [committee], the chairs |
|
of the committees of each house with oversight responsibility for |
|
the agency, the Travis County district attorney or the prosecuting |
|
attorney of the county in which the offense is alleged to have |
|
occurred, and any other [the] appropriate legal authority. |
|
(c) Immediately after the board [committee] receives a |
|
report from the State Auditor alleging improper practices of |
|
financial administration, uneconomical use of resources, or |
|
ineffective program performance, the board [committee] shall |
|
review the report and shall consult with and may hold hearings with |
|
the administrative head and the chair [chairman] of the governing |
|
body of the affected department regarding the report. |
|
(d) If the administrative head or the governing body of the |
|
affected department refuses to make the changes recommended by the |
|
board [committee] at the hearing or provide any additional |
|
information or reports requested, the board [committee] shall |
|
report the refusal to the legislature. |
|
SECTION 2.21. Section 321.018, Government Code, is amended |
|
to read as follows: |
|
Sec. 321.018. SUBPOENAS. (a) The [At the request of the] |
|
State Auditor or the board [on its own motion, the committee] may |
|
subpoena witnesses or any books, records, or other documents |
|
reasonably necessary to conduct an examination under this chapter. |
|
(b) Each subpoena must be signed by either: |
|
(1) the State Auditor; or |
|
(2) one of the joint chairs of the board [committee or
|
|
the secretary of the committee]. |
|
(c) On the request of either the State Auditor or one of the |
|
joint chairs of the board, a special agent of the office [committee
|
|
or the secretary of the committee], the sergeant at arms or an |
|
assistant sergeant at arms of either house of the legislature, or |
|
any peace officer shall serve the subpoena in the manner prescribed |
|
for service of a district court subpoena. |
|
(d) If the person to whom a subpoena is directed fails to |
|
comply, the State Auditor or the board [committee] may bring suit in |
|
district court to enforce the subpoena. If the court determines |
|
that good cause exists for the issuance of the subpoena, the court |
|
shall order compliance. The court may modify the requirements of a |
|
subpoena that the court determines are unreasonable. Failure to |
|
comply with the order of the district court is punishable as |
|
contempt. |
|
(e) The State Auditor or the board [committee] may provide |
|
for the compensation of subpoenaed witnesses. The amount of |
|
compensation may not exceed the amount paid to a witness subpoenaed |
|
by a district court in a civil proceeding. |
|
SECTION 2.22. The heading to Section 321.019, Government |
|
Code, is amended to read as follows: |
|
Sec. 321.019. INTERFERENCE WITH AUDIT OR INVESTIGATION; |
|
CRIMINAL OFFENSE. |
|
SECTION 2.23. Section 321.019, Government Code, is amended |
|
by amending Subsection (b) and adding Subsection (c) to read as |
|
follows: |
|
(b) An offense under this section is a Class A misdemeanor, |
|
except that the offense is a felony of the third degree if the audit |
|
or investigation is related to funds made available by or provided |
|
under the Recovery Act. |
|
(c) An offense under this section may be prosecuted in the |
|
county in which an element of the offense occurs or in Travis |
|
County. |
|
SECTION 2.24. Subchapter B, Chapter 321, Government Code, |
|
as added by this Act, is amended by adding Section 321.0191 and |
|
Sections 321.023 through 321.027 to read as follows: |
|
Sec. 321.0191. REQUEST FOR INFORMATION; CIVIL PENALTY. (a) |
|
The State Auditor may serve on the officer or employee of a |
|
department or an entity subject to audit or investigation under |
|
this chapter written requests for information or inspection of |
|
property. A request under this section must: |
|
(1) identify and describe with reasonable |
|
particularity the information sought, documents to be produced, or |
|
other property to which access is requested; and |
|
(2) set forth the items to be inspected by individual |
|
item or by category. |
|
(b) An officer or employee who does not, without good cause, |
|
produce the documents or grant access to the property before the |
|
25th hour after the request is served is personally liable to the |
|
state for a civil penalty of $1,000 for each day the conduct |
|
continues, except that the civil penalty is $5,000 for each day the |
|
conduct continues if the audit or investigation is related to funds |
|
made available by or provided under the Recovery Act. |
|
(c) The attorney general, the Travis County district |
|
attorney, or the prosecuting attorney of the county in which a |
|
violation is alleged to have occurred may sue to collect the |
|
penalty. |
|
Sec. 321.023. GOVERNMENT ACCOUNTABILITY RECOMMENDATIONS. |
|
The office shall recommend policies for: |
|
(1) the detection of fraud and abuse, including state |
|
contract violations, conflicts of interest, and the inappropriate |
|
use or unauthorized expenditure of state funds; |
|
(2) the identification of participants in any detected |
|
fraud or abuse; |
|
(3) the termination or prosecution of state employees |
|
in relation to detected fraud or abuse; and |
|
(4) the exclusion of contractors from participation in |
|
state contracts for detected fraud or abuse. |
|
Sec. 321.024. RECEIPT AND INVESTIGATION OF COMPLAINTS AND |
|
INFORMATION. (a) The State Auditor may receive and investigate |
|
complaints and information concerning the possible existence of |
|
fraud or abuse. |
|
(b) The State Auditor shall establish and operate a |
|
toll-free telephone line to be known as the Texas Government |
|
Accountability Hotline that enables a person to call the hotline |
|
number to: |
|
(1) obtain information concerning audits or |
|
investigations conducted by the office; or |
|
(2) report an alleged violation of the laws of this |
|
state related to government accountability, including laws related |
|
to spending, procurement, and auditing, by any department or any |
|
entity subject to audit or investigation under this chapter. |
|
(c) The State Auditor shall establish an Internet web page |
|
that permits a person to obtain information and report violations |
|
as provided by Subsection (b). |
|
(d) Each department and each entity subject to audit or |
|
investigation under this chapter that maintains one or more |
|
Internet web pages shall post on the department's or entity's home |
|
page a prominent link to the Internet web page maintained by the |
|
State Auditor under this section. |
|
Sec. 321.025. LEGAL ASSISTANCE. On request of the State |
|
Auditor, the Travis County district attorney or the prosecuting |
|
attorney of the county in which an offense is alleged to have |
|
occurred shall assist the State Auditor with investigations and |
|
provide appropriate legal assistance. |
|
Sec. 321.026. REFERRAL OF CERTAIN MATTERS. (a) After an |
|
investigation of possible fraud or abuse, if the State Auditor |
|
believes that fraud or abuse by a department may have resulted in |
|
the inappropriate use or unauthorized expenditure of state funds, |
|
the office may refer the matter to the Travis County district |
|
attorney or the prosecuting attorney of the county in which an |
|
offense or impropriety is alleged to have occurred and recommend |
|
that the attorney pursue the recovery of state funds. |
|
(b) After receiving a referral from the office under this |
|
section, the Travis County district attorney or the prosecuting |
|
attorney of the county in which an offense or impropriety is alleged |
|
to have occurred shall review the request, make an independent |
|
decision, and issue a written public opinion with respect to the |
|
existence of fraud or abuse and whether the attorney intends to |
|
pursue the recovery of state funds. |
|
Sec. 321.027. REFERRAL OF MATTERS RELATED TO RECOVERY ACT. |
|
Notwithstanding any other provision of law, a matter referred by |
|
the State Auditor concerning fraud or other criminal activity in |
|
connection with Recovery Act funds may be prosecuted in a county in |
|
which an element of the offense occurs or in Travis County. |
|
SECTION 2.25. Sections 322.015, 322.016, 322.0165, |
|
322.017, and 322.018, Government Code, are transferred to Chapter |
|
321, Government Code, renumbered as Sections 321.051, 321.052, |
|
321.053, 321.054, and 321.055, Government Code, respectively, |
|
designated as Subchapter C, Chapter 321, Government Code, and |
|
amended, and a heading is added for Subchapter C, Chapter 321, |
|
Government Code, to read as follows: |
|
SUBCHAPTER C. PERFORMANCE REVIEWS |
|
Sec. 321.051 [322.015]. REVIEW OF INTERSCHOLASTIC |
|
COMPETITION. The office [board] 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 office |
|
[board] shall report the findings to the governor and the |
|
legislature. The legislature may consider the office's [board's] |
|
reports in connection with the legislative appropriations process. |
|
Sec. 321.052 [322.016]. PERFORMANCE REVIEW OF SCHOOL |
|
DISTRICTS. (a) The office [board] 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 office [board] at the State Auditor's [its] |
|
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 district shall pay 25 percent of the cost incurred in |
|
conducting the review. |
|
(c) The office [board] 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. |
|
(d) Until the office [board] has completed a review under |
|
this section, all information, documentary or otherwise, prepared |
|
or maintained in conducting the review or preparing the review |
|
report, including intra-agency and interagency communications and |
|
drafts of the review report or portions of those drafts, is excepted |
|
from required public disclosure as audit working papers under |
|
Section 552.116. This subsection does not affect whether |
|
information described by this subsection is confidential or |
|
excepted from required public disclosure under a law other than |
|
Section 552.116. |
|
Sec. 321.053 [322.0165]. 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 office [board] 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 |
|
office [board] 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 college or institution |
|
shall pay 25 percent of the cost incurred in conducting the review. |
|
(f) The office [board] 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. |
|
(g) Until the office [board] has completed a review under |
|
this section, all information, documentary or otherwise, prepared |
|
or maintained in conducting the review or preparing the review |
|
report, including intra-agency and interagency communications and |
|
drafts of the review report or portions of those drafts, is excepted |
|
from required public disclosure as audit working papers under |
|
Section 552.116. This subsection does not affect whether |
|
information described by this subsection is confidential or |
|
excepted from required public disclosure under a law other than |
|
Section 552.116. |
|
Sec. 321.054 [322.017]. EFFICIENCY REVIEW OF STATE |
|
AGENCIES. (a) In this section, "state agency" has the meaning |
|
assigned by Section 2056.001. |
|
(b) The office [board] periodically may review and analyze |
|
the effectiveness and efficiency of the policies, management, |
|
fiscal affairs, and operations of state agencies. |
|
(c) The office [board] shall report the findings of the |
|
review and analysis to the governor and the legislature. |
|
(d) The legislature may consider the office's [board's] |
|
reports in connection with the legislative appropriations process. |
|
(e) Until the office [board] has completed a review and |
|
analysis under this section, all information, documentary or |
|
otherwise, prepared or maintained in conducting the review and |
|
analysis or preparing the review report, including intra-agency and |
|
interagency communications and drafts of the review report or |
|
portions of those drafts, is excepted from required public |
|
disclosure as audit working papers under Section 552.116. This |
|
subsection does not affect whether information described by this |
|
subsection is confidential or excepted from required public |
|
disclosure under a law other than Section 552.116. |
|
Sec. 321.055 [322.018]. RECORDS MANAGEMENT REVIEW. (a) In |
|
this section, "state agency" has the meaning assigned by Section |
|
2056.001. |
|
(b) The office [board] 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. |
|
ARTICLE 3. LEGISLATIVE BUDGET BOARD |
|
SECTION 3.01. Section 322.001(a), Government Code, is |
|
amended to read as follows: |
|
(a) The Legislative Budget Board consists of: |
|
(1) the lieutenant governor; |
|
(2) the speaker of the house of representatives; |
|
(3) the chair [chairman] of the senate finance |
|
committee; |
|
(4) the chair [chairman] of the house appropriations |
|
committee; |
|
(5) the chair [chairman] of the house ways and means |
|
committee; |
|
(6) five [three] members of the senate appointed by |
|
the lieutenant governor; and |
|
(7) four [two] other members of the house appointed by |
|
the speaker. |
|
SECTION 3.02. Chapter 322, Government Code, is amended by |
|
adding Section 322.002 to read as follows: |
|
Sec. 322.002. SUNSET PROVISION. The board is subject to |
|
review under Chapter 325 (Texas Sunset Act) but is not abolished |
|
under that chapter. The board shall be reviewed during the periods |
|
in which state agencies scheduled to be abolished in 2013. |
|
SECTION 3.03. Chapter 322, Government Code, is amending by |
|
adding Section 322.0031 to read as follows: |
|
Sec. 322.0031. MEETINGS RELATED TO RECOVERY ACT. Beginning |
|
July 1, 2009, the board shall meet at least once every two months in |
|
Austin to take testimony and receive evidence related to funds |
|
received by the state from the federal government for economic |
|
stabilization, including funds received under the American |
|
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5). This |
|
section expires January 1, 2011. |
|
ARTICLE 4. TEXAS LEGISLATIVE COUNCIL |
|
SECTION 4.01. Section 323.001(b), Government Code, is |
|
amended to read as follows: |
|
(b) The council consists of: |
|
(1) the lieutenant governor; |
|
(2) the speaker of the house of representatives; |
|
(3) the chair [chairman] of the house administration |
|
committee; |
|
(4) eight [six] senators from various areas of the |
|
state appointed by the president of the senate; and |
|
(5) seven [five] other members of the house of |
|
representatives from various areas of the state appointed by the |
|
speaker. |
|
SECTION 4.02. Chapter 323, Government Code, is amended by |
|
adding Section 323.002 to read as follows: |
|
Sec. 323.002. SUNSET PROVISION. The council is subject to |
|
review under Chapter 325 (Texas Sunset Act) but is not abolished |
|
under that chapter. The council shall be reviewed during the |
|
periods in which state agencies scheduled to be abolished in 2013. |
|
SECTION 4.03. Section 323.0145(a), Government Code, is |
|
amended by amending Subdivision (2) and adding Subdivision (3) to |
|
read as follows: |
|
(2) "Legislative information" means: |
|
(A) a list of all the members of each house of the |
|
legislature; |
|
(B) a list of the committees of the legislature |
|
and their members; |
|
(C) the full text of each bill as filed and as |
|
subsequently amended, substituted, engrossed, or enrolled in |
|
either house of the legislature; |
|
(D) the full text of each amendment or substitute |
|
adopted by a legislative committee for each bill filed in either |
|
house of the legislature; |
|
(E) the calendar of each house of the |
|
legislature, the schedule of legislative committee hearings, and a |
|
list of the matters pending on the floor of each house of the |
|
legislature; |
|
(F) detailed procedural information about how a |
|
bill filed in either house of the legislature becomes law, |
|
including detailed timetable information concerning the times |
|
under the constitution or the rules of either house when the |
|
legislature may take certain actions on a bill; |
|
(G) the district boundaries or other identifying |
|
information for the following districts in Texas: |
|
(i) house of representatives; |
|
(ii) senate; |
|
(iii) State Board of Education; and |
|
(iv) United States Congress; [and] |
|
(H) information about legislative oversight of |
|
Recovery Act funds, including the committees of each house and each |
|
legislative agency responsible for providing oversight of or |
|
information about Recovery Act funds; and |
|
(I) other information related to the legislative |
|
process that in the council's opinion should be made available |
|
through the Internet. |
|
(3) "Recovery Act" means the American Recovery and |
|
Reinvestment Act of 2009 (Pub. L. No. 111-5) and includes any |
|
subsequent federal economic stimulus legislation. |
|
SECTION 4.04. Section 323.0145(b), Government Code, is |
|
amended to read as follows: |
|
(b) The council, to the extent it considers it to be |
|
feasible and appropriate, may make legislative information |
|
available to the public through the Internet. The council shall |
|
make legislative information related to the Recovery Act available |
|
to the public through the Internet. |
|
ARTICLE 5. LEGISLATIVE REFERENCE LIBRARY |
|
SECTION 5.01. Chapter 324, Government Code, is amended by |
|
adding Section 324.003 to read as follows: |
|
Sec. 324.003. SUNSET PROVISION. The board and the library |
|
are subject to review under Chapter 325 (Texas Sunset Act) but are |
|
not abolished under that chapter. The board and the library shall |
|
be reviewed during the periods in which state agencies scheduled to |
|
be abolished in 2013. |
|
SECTION 5.02. Section 324.004, Government Code, is amended |
|
by amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) The board consists of: |
|
(1) the lieutenant governor; |
|
(2) the speaker of the house of representatives; |
|
(3) the chair [chairman] of the house appropriations |
|
committee; |
|
(4) four [two] members of the senate appointed by the |
|
lieutenant governor; and |
|
(5) three [one] other members [member] of the house |
|
appointed by the speaker. |
|
(b-1) The lieutenant governor and the speaker are joint |
|
chairs of the board. |
|
SECTION 5.03. Chapter 324, Government Code, is amended by |
|
adding Section 324.0081 to read as follows: |
|
Sec. 324.0081. RECOVERY ACT DEPOSITORY. (a) The library |
|
shall serve as the central depository for all Recovery Act |
|
publications. |
|
(b) Each state or local governmental entity and each private |
|
entity receiving, disbursing, investigating, auditing, or |
|
reporting the use of Recovery Act funds received by or through a |
|
governmental entity in this state shall provide the library with a |
|
copy of each Recovery Act publication produced, assembled, or |
|
maintained by the entity. |
|
(c) To the extent feasible, the library shall make Recovery |
|
Act publications available for public viewing on the Internet. |
|
(d) In this section: |
|
(1) "Recovery Act" means the American Recovery and |
|
Reinvestment Act of 2009 (Pub. L. No. 111-5) and includes any |
|
subsequent federal economic stimulus legislation. |
|
(2) "Recovery Act publication": |
|
(A) means information in any format, including |
|
materials in a physical format or in an electronic format, related |
|
in any way to the receipt, disbursement, expenditure, or audit of |
|
Recovery Act funds, including a report regarding Recovery Act |
|
funds, that: |
|
(i) is produced, assembled, or maintained |
|
by or for a state or local governmental entity receiving Recovery |
|
Act funds or an entity receiving Recovery Act funds through a |
|
governmental entity in this state; and |
|
(ii) is distributed to persons outside the |
|
entity or distributed to persons within the entity; and |
|
(B) does not include information the |
|
distribution of which is limited to members of the public under a |
|
request made under Chapter 552. |
|
ARTICLE 6. SUNSET ADVISORY COMMISSION |
|
SECTION 6.01. Chapter 325, Government Code, is amended by |
|
adding Section 325.0115 to read as follows: |
|
Sec. 325.0115. CRITERIA FOR REVIEW OF CERTAIN LEGISLATIVE |
|
AGENCIES. (a) Notwithstanding Section 325.011, for the initial |
|
review of a legislative agency, board, or council subject to review |
|
under this chapter in 2013, the commission and its staff may only |
|
consider the extent to which the agency, board, or council |
|
discharged its responsibilities related to Recovery Act funds under |
|
this subtitle and any other applicable law. |
|
(b) In this section, "Recovery Act" means the American |
|
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) and |
|
includes any subsequent federal economic stimulus legislation. |
|
(c) This section expires January 1, 2014. |
|
ARTICLE 7. RECOVERY ACT ACCOUNTABILITY BOARD |
|
SECTION 7.01. Subtitle C, Title 3, Government Code, is |
|
amended by adding Chapter 331 to read as follows: |
|
CHAPTER 331. RECOVERY ACT ACCOUNTABILITY BOARD |
|
Sec. 331.001. DEFINITIONS. In this chapter: |
|
(1) "Recovery Act" means the American Recovery and |
|
Reinvestment Act of 2009 (Pub. L. No. 111-5) and includes any |
|
subsequent federal economic stimulus legislation. |
|
(2) "Board" means the Recovery Act Accountability |
|
Board. |
|
(3) "Legislative agency" means: |
|
(A) the Texas Legislative Council; |
|
(B) the Legislative Budget Board; |
|
(C) the Legislative Reference Library; |
|
(D) the State Accountability Office; or |
|
(E) any other agency in the legislative branch of |
|
state government. |
|
Sec. 331.002. RECOVERY ACT ACCOUNTABILITY BOARD. (a) The |
|
Recovery Act Accountability Board consists of: |
|
(1) the following voting members: |
|
(A) the lieutenant governor; |
|
(B) the speaker of the house of representatives; |
|
(C) one senate member, designated by the |
|
lieutenant governor, and one house member, designated by the |
|
speaker, of the Legislative Audit Board; |
|
(D) one senate member, designated by the |
|
lieutenant governor, and one house member, designated by the |
|
speaker, of the Legislative Budget Board; |
|
(E) one senate member, designated by the |
|
lieutenant governor, and one house member, designated by the |
|
speaker, of the Texas Legislative Council; |
|
(F) one senate member, designated by the |
|
lieutenant governor, and one house member, designated by the |
|
speaker, of the Sunset Advisory Commission; |
|
(G) one senate member, designated by the |
|
lieutenant governor, and one house member, designated by the |
|
speaker, of the Legislative Library Board; |
|
(H) the chair and vice chair of the House Select |
|
Committee on Federal Economic Stabilization Funding; |
|
(I) four other members of the senate, designated |
|
by the lieutenant governor; |
|
(J) four other members of the house, designated |
|
by the speaker; |
|
(K) two public members appointed by the |
|
lieutenant governor; and |
|
(L) two public members appointed by the speaker; |
|
and |
|
(2) the following nonvoting members: |
|
(A) four members of the United States Congress |
|
from this state, with two members selected by the members of each |
|
political party required by law to hold a primary; and |
|
(B) the chief administrative officer of each |
|
legislative agency, except the State Accountability Office. |
|
(b) One of the members appointed under Subsection (a)(1) |
|
must be the chair of the Senate Finance Committee. One other member |
|
appointed under Subsection (a)(1) must be the chair of the House |
|
Appropriations Committee. |
|
(c) The lieutenant governor and the speaker are joint chairs |
|
of the board. |
|
(d) A legislative member serving on the board because of the |
|
member's service on another board, commission, or committee serves |
|
a term coinciding with the member's service on the other board, |
|
commission, or committee. Other legislative members and public |
|
members serve for the term of the board. |
|
(e) If a vacancy occurs in the appointed membership, the |
|
appropriate appointing authority shall appoint a person to serve |
|
for the remainder of the unexpired term. |
|
(f) Each member of the board is entitled to reimbursement |
|
for actual and necessary expenses incurred in performing board |
|
duties. Each legislative member is entitled to reimbursement from |
|
the appropriate fund of the member's respective house. Each public |
|
member is entitled to reimbursement from the appropriate fund of |
|
the house of the appointing authority. |
|
Sec. 331.003. TERM OF BOARD; EXPIRATION. The board is |
|
abolished and this chapter expires December 31, 2013. |
|
Sec. 331.004. ADMINISTRATIVE OFFICER. The board shall |
|
select a chief administrative officer of the board. An officer or |
|
employee of a legislative agency, other than the State |
|
Accountability Office, is eligible for appointment under this |
|
section. |
|
Sec. 331.005. MEETINGS. Beginning July 1, 2009, the board |
|
shall meet at least once each month in Austin to take testimony and |
|
receive evidence related to funds received by governmental entities |
|
in this state from the federal government for economic |
|
stabilization, including funds received under the Recovery Act. |
|
Sec. 331.006. POWERS AND DUTIES. The board: |
|
(1) shall coordinate reviews of spending of Recovery |
|
Act funds conducted by a legislative agency to ensure that |
|
duplication and overlap of legislative agency work is avoided; |
|
(2) may hold hearings and conduct investigations and |
|
surveys as provided by Section 331.008; |
|
(3) shall ensure the public has access to vital |
|
information related to the expenditure of Recovery Act funds; |
|
(4) may prescribe performance measures in addition to |
|
those prescribed by Section 331.007; |
|
(5) may make recommendations regarding interagency |
|
coordination, opportunities that concern multiple units of |
|
government, and opportunities for public-private partnerships |
|
using Recovery Act funds; and |
|
(6) may appoint advisory committees as necessary to |
|
assist the board. |
|
Sec. 331.007. RECIPIENT AGENCY REPORTS; PERFORMANCE |
|
MEASURES. Not later than the 10th day after the date a state fiscal |
|
quarter ends, each governmental entity that receives Recovery Act |
|
funds shall submit a report to the board that contains: |
|
(1) the amount of Recovery Act funding received by a |
|
public or private entity by or through the governmental entity |
|
under the Act; |
|
(2) the citation to the specific provision of the |
|
Recovery Act under which the funding is provided; |
|
(3) any outstanding requirements or unmet deadlines |
|
for applying for Recovery Act funds; |
|
(4) any changes in any requirements associated with |
|
Recovery Act funding, including spending limitations, state match |
|
or cost share requirements, percentage limitations, and |
|
timeframes; |
|
(5) the date on which each type of Recovery Act funding |
|
discussed in the report is anticipated to end; |
|
(6) whether any additional authority is necessary to |
|
spend the Recovery Act funds; |
|
(7) the number of additional state employees actually |
|
employed or projected to be needed to oversee or administer |
|
Recovery Act funds; |
|
(8) current plans for addressing how each agency will |
|
conduct its operations when Recovery Act funds end; |
|
(9) a detailed list of all projects or activities for |
|
which Recovery Act funds were expended or obligated, including: |
|
(A) the name of the project or activity; |
|
(B) a description of the project or activity; and |
|
(C) an evaluation of the completion status of the |
|
project or activity; |
|
(10) an assessment of the performance of all Recovery |
|
Act funds expended or obligated relating to specific performance |
|
measures, including: |
|
(A) the number of new jobs created in this state; |
|
(B) the number of new jobs created in small and |
|
medium-sized businesses; |
|
(C) the estimated economic benefit for small and |
|
medium-sized businesses; |
|
(D) the number of new jobs created in women-owned |
|
and minority-owned businesses; |
|
(E) the estimated economic benefit for |
|
women-owned and minority-owned businesses; |
|
(F) the number of new jobs created in distressed |
|
areas; |
|
(G) the estimated economic benefit in distressed |
|
areas; |
|
(H) the number of new jobs created at or above the |
|
median hourly wage in this state; |
|
(I) the increase in jobs providing access to |
|
employer-sponsored health insurance; and |
|
(J) any other performance measures prescribed by |
|
the board; and |
|
(11) an impact statement detailing the impact, if any, |
|
of Recovery Act funds on: |
|
(A) the extent to which electric utility |
|
customers in this state have increased access to renewable energy; |
|
(B) carbon emissions in this state resulting from |
|
energy and transportation projects, including any emissions |
|
reductions; and |
|
(C) the extent to which per capita electric usage |
|
in this state is reduced as a result of energy efficiency |
|
initiatives. |
|
Sec. 331.008. HEARINGS; INVESTIGATIONS AND SURVEYS. (a) |
|
The board may make investigations and surveys regarding funds |
|
received by governmental entities in this state from the federal |
|
government for economic stabilization, including Recovery Act |
|
funds, and may hold public or executive hearings in connection with |
|
those investigations and surveys. |
|
(b) A hearing shall be held at a time and place in the state |
|
determined by the board. |
|
(c) The board may: |
|
(1) inspect and copy any book, record, file, or other |
|
instrument or document of a governmental entity in this state that |
|
is pertinent to a matter under investigation by the board; and |
|
(2) examine and audit the books of a person, firm, or |
|
corporation having dealings with a governmental entity under |
|
investigation by the board. |
|
(d) Any member of the board may administer oaths to |
|
witnesses appearing at the hearing. |
|
Sec. 331.009. SUBPOENAS. (a) The board may issue subpoenas |
|
to compel the attendance of witnesses and the production of books, |
|
records, or other documents in their custody. |
|
(b) A subpoena must be signed by either of the joint chairs |
|
of the board. |
|
(c) The sergeant at arms of either house of the legislature |
|
or any peace officer shall serve the subpoena in the manner |
|
prescribed for service of a district court subpoena. |
|
(d) If a person to whom a subpoena is directed refuses to |
|
appear, refuses to answer inquiries, or fails or refuses to produce |
|
books, records, or other documents that were under the person's |
|
control when the demand was made, the board shall report the fact to |
|
a Travis County district court. |
|
(e) The district court shall enforce a board subpoena by |
|
attachment proceedings for contempt in the same manner the court |
|
enforces a subpoena issued by that court. |
|
(f) A subpoenaed witness who attends a board hearing or |
|
meeting is entitled to the same mileage and per diem as a witness |
|
who appears before a grand jury of this state. |
|
Sec. 331.010. ASSISTANCE FROM OTHER AGENCIES; CONTRACTS. |
|
(a) The board may request assistance and advice from a legislative |
|
agency or any other state officer, department, board, commission, |
|
or agency, including the governor and the attorney general. |
|
(b) Either of the joint chairs may request legal opinions or |
|
other advice or assistance from: |
|
(1) the counselor of the State Accountability Office; |
|
or |
|
(2) the director of the legal division of the Texas |
|
Legislative Council. |
|
ARTICLE 8. PROVISIONS APPLICABLE TO ALL LEGISLATIVE AGENCIES |
|
SECTION 8.01. The heading to Chapter 326, Government Code, |
|
is amended to read as follows: |
|
CHAPTER 326. PROVISIONS GENERALLY APPLICABLE TO [COOPERATION
|
|
BETWEEN] LEGISLATIVE AGENCIES AND OVERSIGHT COMMITTEES |
|
SECTION 8.02. Chapter 326, Government Code, is amended by |
|
designating Sections 326.001 through 326.003 as Subchapter A and |
|
adding a heading for Subchapter A to read as follows: |
|
SUBCHAPTER A. COOPERATION BETWEEN LEGISLATIVE AGENCIES |
|
SECTION 8.03. Section 326.001, Government Code, is amended |
|
to read as follows: |
|
Sec. 326.001. DEFINITION. In this subchapter [chapter], |
|
"legislative agency" means: |
|
(1) the senate; |
|
(2) the house of representatives; |
|
(3) a committee, division, department, or office of |
|
the senate or house; |
|
(4) the Texas Legislative Council; |
|
(5) the Legislative Budget Board; |
|
(6) the Legislative Reference Library; |
|
(7) the [office of the] State Accountability Office |
|
[Auditor]; |
|
(7-a) the Recovery Act Accountability Board; or |
|
(8) any other agency in the legislative branch of |
|
state government. |
|
SECTION 8.04. The heading to Section 326.003, Government |
|
Code, is amended to read as follows: |
|
Sec. 326.003. COMMITTEE OF STATE ACCOUNTABILITY |
|
[AUDITOR'S] OFFICE, LEGISLATIVE BUDGET BOARD, AND SUNSET ADVISORY |
|
COMMISSION. |
|
SECTION 8.05. Sections 326.003(a) and (d), Government Code, |
|
are amended to read as follows: |
|
(a) The State Accountability [Auditor's] Office, |
|
Legislative Budget Board, and Sunset Advisory Commission shall form |
|
a committee to make recommendations relating to the coordination of |
|
the agencies' functions. |
|
(d) Not later than one month after the date of a meeting, the |
|
committee shall submit its recommendations in writing to the head |
|
of each agency and the members of the legislative audit board |
|
[committee]. |
|
SECTION 8.06. Chapter 326, Government Code, is amended by |
|
adding Subchapter B to read as follows: |
|
SUBCHAPTER B. QUORUM AND MEETINGS |
|
Sec. 326.021. DEFINITION. In this subchapter, "legislative |
|
entity" means: |
|
(1) the Legislative Audit Board; |
|
(2) the Legislative Budget Board; |
|
(3) the Legislative Library Board; |
|
(4) the Texas Legislative Council; |
|
(5) the Recovery Act Accountability Board; and |
|
(6) any other oversight committee created under this |
|
subtitle. |
|
Sec. 326.022. CONFLICT WITH OTHER LAW. To the extent of a |
|
conflict between this subchapter and any other provision of this |
|
subtitle, the other provision of this subtitle prevails. |
|
Sec. 326.023. QUORUM. (a) Except as provided by Subsection |
|
(b), a majority of the members of a legislative entity from each |
|
house constitutes a quorum to transact business. If a quorum is |
|
present, the legislative entity may act on any matter that is within |
|
its jurisdiction by a majority vote. |
|
(b) Two members of a legislative entity from each house |
|
constitutes a quorum for the taking of testimony and receiving |
|
evidence. |
|
Sec. 326.024. MEETINGS. (a) A legislative entity shall |
|
meet as often as necessary to perform its duties. A legislative |
|
entity shall meet at least once every six months. Meetings may be |
|
held at any time at the request of either of the joint chairs of a |
|
legislative entity or on written petition of two of the members of a |
|
legislative entity from each house. |
|
(b) Each member of the legislature is entitled to attend and |
|
present the member's views in any meeting of the legislative |
|
entity. A legislator who is not a member of the legislative entity |
|
may not vote. |
|
(c) As an exception to Chapter 551 and other law, if a |
|
meeting is located in Austin and the joint chairs of a legislative |
|
entity are physically present at the meeting, then any number of the |
|
other members of the legislative entity may attend the meeting by |
|
use of telephone conference call, videoconference call, or other |
|
similar telecommunication device. This subsection applies for |
|
purposes of constituting a quorum, for purposes of voting, and for |
|
any other purpose allowing a member of the legislative entity to |
|
otherwise fully participate in any meeting of the legislative |
|
entity. This subsection applies without exception with regard to |
|
the subject of the meeting or topics considered by the members. |
|
(d) A meeting held by use of telephone conference call, |
|
videoconference call, or other similar telecommunication device: |
|
(1) is subject to the notice requirements applicable |
|
to other meetings; |
|
(2) must specify in the notice of the meeting the |
|
location in Austin of the meeting at which the joint chairs will be |
|
physically present; |
|
(3) must be open to the public and shall be audible to |
|
the public at the location in Austin specified in the notice of the |
|
meeting as the location of the meeting at which the joint chairs |
|
will be physically present; and |
|
(4) must provide two-way audio communication between |
|
all members of the legislative entity attending the meeting during |
|
the entire meeting, and if the two-way audio communication link |
|
with any member attending the meeting is disrupted at any time, the |
|
meeting may not continue until the two-way audio communication link |
|
is reestablished. |
|
SECTION 8.07. Section 783.003(4), Government Code, is |
|
amended to read as follows: |
|
(4) "State agency" means a state board, commission, or |
|
department, or office having statewide jurisdiction, but does not |
|
include a state college or university or an agency of the |
|
legislative branch of state government. |
|
ARTICLE 9. PROVISIONS APPLICABLE TO CERTAIN COUNTIES |
|
SECTION 9.01. Subchapter A, Chapter 112, Local Government |
|
Code, is amended by adding Section 112.011 to read as follows: |
|
Sec. 112.011. ELECTRONIC CHECKING ACCOUNT TRANSACTION |
|
REGISTER. (a) This section applies only to a county with a |
|
population of 250,000 or more that has received funds under the |
|
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) |
|
and is subject to audit by the office of the state auditor. |
|
(b) The county treasurer shall maintain the transaction |
|
register for the county's checking account as a list in a searchable |
|
electronic spreadsheet format, such as a portable document format |
|
(PDF) or similar file type, in which the transaction register is |
|
readily available for purposes of Subsection (d). Except as |
|
provided by Subsection (c), the electronic checking account |
|
transaction register must include for each check written from a |
|
county checking account: |
|
(1) the transaction amount; |
|
(2) the name of the payee; and |
|
(3) a statement of the purpose of the expenditure for |
|
which the check was written. |
|
(b-1) Notwithstanding Subsection (b), beginning September |
|
1, 2010, a county's electronic checking account transaction |
|
register must contain the information required by Subsections |
|
(b)(1) and (2) for each check dated on or after August 1, 2010. |
|
Beginning September 1, 2011, a county's electronic checking account |
|
transaction register must contain the information required by |
|
Subsections (b)(1) through (3) for each check dated on or after |
|
August 1, 2011. This subsection expires October 1, 2011. |
|
(c) A county may not include in the county's electronic |
|
checking account transaction register a check issued to: |
|
(1) a county employee in payment of: |
|
(A) salary, wages, or an employment stipend; or |
|
(B) a workers' compensation income benefit, |
|
medical benefit, death benefit, or burial benefit that is issued by |
|
a county operating as a self-insurer under Chapter 504, Labor Code; |
|
or |
|
(2) a court-appointed attorney, including an attorney |
|
in a juvenile justice court. |
|
(d) A county shall post the electronic checking account |
|
transaction register at all times on the county's Internet website |
|
for viewing and downloading by interested persons. The county may |
|
not charge a fee to a person who views or downloads the electronic |
|
checking account transaction register under this subsection. |
|
(e) A county shall: |
|
(1) update the electronic checking account |
|
transaction register at least once each month, not later than the |
|
30th day after the closing date of the most recent monthly statement |
|
for the checking account; and |
|
(2) maintain each transaction or listing in the |
|
electronic checking account transaction register on the county's |
|
Internet website until the first anniversary of the date of the |
|
transaction or listing. |
|
(f) The county treasurer may consult with the comptroller in |
|
developing an electronic checking account transaction register |
|
under this section. |
|
(g) This section does not apply to a county that maintains a |
|
check registry or a similar comprehensive monthly financial report |
|
that was posted on the county's Internet website for public viewing |
|
and downloading on or before August 1, 2010. |
|
(h) Nothing in this section shall be construed as requiring |
|
a county to provide access to the county's bank account statement or |
|
to post additional information, including check numbers, not |
|
required under Subsection (b). |
|
ARTICLE 10. INSPECTOR GENERAL |
|
SECTION 10.01. Subtitle B, Title 4, Government Code, is |
|
amended by adding Chapter 422 to read as follows: |
|
CHAPTER 422. OFFICE OF INSPECTOR GENERAL |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 422.001. SHORT TITLE. This chapter may be cited as the |
|
Office of Inspector General Act. |
|
Sec. 422.002. DEFINITIONS. In this chapter: |
|
(1) "Agency" means a board, commission, committee, |
|
department, office, division, or other agency of the executive |
|
branch of state government. The term does not include an |
|
institution of higher education as defined by Section 61.003, |
|
Education Code. |
|
(2) "Commission" means the Health and Human Services |
|
Commission. |
|
(3) "Fraud" means an intentional deception or |
|
misrepresentation made by a person with the knowledge that the |
|
deception could result in some unauthorized benefit to that person |
|
or some other person. The term includes any act that constitutes |
|
fraud under applicable federal or state law. |
|
(4) "Furnished," in reference to items or services: |
|
(A) means items or services provided directly by, |
|
provided under the direct supervision of, or ordered by: |
|
(i) a physician or other individual |
|
licensed under state law to practice the individual's profession, |
|
either as an employee or in the individual's own capacity; |
|
(ii) a provider; or |
|
(iii) another supplier of services; and |
|
(B) does not include services ordered by one |
|
party but billed for and provided by or under the supervision of |
|
another. |
|
(5) "Hold on payment" means the temporary denial of |
|
reimbursement under a federal program for items or services |
|
furnished by a specified provider. |
|
(6) "Inspector general" means the inspector general |
|
appointed under Section 422.101. |
|
(7) "Office" means the office of inspector general |
|
established under this chapter. |
|
(8) "Program exclusion" means the suspension of a |
|
provider's authorization under a federal program to request |
|
reimbursement for items or services furnished by that provider. |
|
(9) "Provider" means a person, firm, partnership, |
|
corporation, agency, association, institution, or other entity |
|
that was or is approved by the commission to provide: |
|
(A) medical assistance under contract or |
|
provider agreement with the commission; or |
|
(B) third-party billing vendor services under a |
|
contract or provider agreement with the commission. |
|
(10) "Review" includes an audit, inspection, |
|
investigation, evaluation, or similar activity. |
|
(11) "State funds" or "state money" includes federal |
|
funds or money received and appropriated by the state or for which |
|
the state has oversight responsibility. |
|
Sec. 422.003. APPLICATION OF SUNSET ACT. The office of |
|
inspector general is subject to Chapter 325 (Texas Sunset Act). |
|
Unless continued in existence as provided by that chapter, the |
|
office is abolished and this chapter expires September 1, 2021. |
|
Sec. 422.004. AGENCY ESTABLISHMENT OF INSPECTOR GENERAL |
|
OFFICE. An agency may not establish an office of inspector general |
|
without specific legislative authorization. |
|
Sec. 422.005. REFERENCE IN OTHER LAW. (a) Notwithstanding |
|
any other provision of law, a reference in law or rule to an |
|
agency's office of inspector general means the office of inspector |
|
general established under this chapter. |
|
(b) Notwithstanding any other provision of law, a reference |
|
in law or rule to the commission's office of investigations and |
|
enforcement or the commission's office of inspector general means |
|
the office of inspector general established under this chapter. |
|
[Sections 422.006-422.050 reserved for expansion] |
|
SUBCHAPTER B. ADMINISTRATION |
|
Sec. 422.051. OFFICE OF INSPECTOR GENERAL. (a) The office |
|
of inspector general is an agency of this state. |
|
(b) The office is governed by the inspector general. |
|
(c) The office shall have its principal office and |
|
headquarters in Austin. |
|
(d) The office consists of the inspector general, deputy |
|
inspectors general, and other personnel necessary to carry out the |
|
duties of the inspector general. |
|
Sec. 422.052. INDEPENDENCE OF OFFICE. (a) Except as |
|
otherwise provided by this chapter, the office and inspector |
|
general operate independently of any other agency. |
|
(b) The inspector general, a deputy inspector general, and |
|
the office staff are not employees of any other agency. |
|
Sec. 422.053. ADMINISTRATIVE ATTACHMENT. A person |
|
designated by the inspector general to serve as the deputy |
|
inspector general for an agency, together with office staff |
|
assigned to the deputy inspector general, are administratively |
|
attached to the assigned agency. The assigned agency shall provide |
|
to office personnel administrative support services. |
|
Sec. 422.054. SERVICE LEVEL AGREEMENT. (a) The office and |
|
each agency to which a deputy inspector general is appointed shall |
|
enter into a service level agreement that establishes the |
|
performance standards and deliverables with regard to |
|
administrative support provided to the office by the agency. |
|
(b) The service level agreement must be reviewed at least |
|
annually to ensure that services and deliverables are provided in |
|
accordance with the agreement. |
|
(c) The commission shall provide to the deputy inspector |
|
general designated for the commission and that person's staff, for |
|
the state fiscal biennium beginning September 1, 2009, the same |
|
level of administrative support the commission provided to the |
|
office established under former Section 531.102 for the state |
|
fiscal biennium beginning September 1, 2007. This subsection |
|
expires January 1, 2012. |
|
[Sections 422.055-422.100 reserved for expansion] |
|
SUBCHAPTER C. INSPECTOR GENERAL AND PERSONNEL |
|
Sec. 422.101. APPOINTMENT. (a) From a list of three or |
|
more names submitted to the governor by the Legislative Budget |
|
Board, the governor, with the advice and consent of the senate, |
|
shall appoint an inspector general to serve as director of the |
|
office. |
|
(b) The appointment shall be made without regard to race, |
|
color, disability, sex, religion, age, or national origin. |
|
(c) In preparing the list and in making the appointment, the |
|
Legislative Budget Board and the governor, respectively, shall |
|
consider the person's knowledge of laws, experience in the |
|
enforcement of law, honesty, integrity, education, training, |
|
executive ability, capability for strong leadership, and |
|
demonstrated ability in accounting, auditing, financial analysis, |
|
law, management analysis, public administration, investigation, |
|
criminal justice administration, or other closely related fields. |
|
Sec. 422.102. TERM; VACANCY. (a) The inspector general |
|
serves a two-year term that expires on February 1 of each |
|
odd-numbered year. The inspector general may be reappointed to one |
|
or more subsequent terms. |
|
(b) The governor shall fill a vacancy in the office of |
|
inspector general for the unexpired term in the same manner as the |
|
inspector general is appointed under Section 422.101(a). |
|
Sec. 422.103. ELIGIBILITY. (a) A person is not eligible |
|
for appointment as inspector general or designation as a deputy |
|
inspector general if the person or the person's spouse: |
|
(1) is an officer or paid consultant of a business |
|
entity or other organization that holds a license, certificate of |
|
authority, or other authorization from an agency for which a deputy |
|
inspector general is appointed or that receives funds from an |
|
agency for which a deputy inspector general is appointed; |
|
(2) owns or controls, directly or indirectly, more |
|
than a 10 percent interest in a business entity or other |
|
organization receiving funds from an agency for which a deputy |
|
inspector general is appointed; or |
|
(3) uses or receives a substantial amount of tangible |
|
goods or funds from an agency for which a deputy inspector general |
|
is appointed, other than compensation or reimbursement authorized |
|
by law. |
|
(b) A person is not eligible to serve as inspector general |
|
or deputy inspector general if the person or the person's spouse is |
|
required to register as a lobbyist under Chapter 305 because of the |
|
person's or spouse's activities for compensation related to the |
|
operation of an agency for which a deputy inspector general is |
|
appointed. |
|
(c) A person who is a former or current executive or manager |
|
of an agency may not be appointed as the inspector general or a |
|
deputy inspector general for that agency before the fifth |
|
anniversary of the person's last day of service with the agency. |
|
(d) The inspector general, a deputy inspector general, or an |
|
employee of the office may not during the person's term of |
|
appointment or employment: |
|
(1) become a candidate for any elective office; |
|
(2) hold another elected or appointed public office |
|
except for an appointment on a governmental advisory board or study |
|
commission or as otherwise expressly authorized by law; |
|
(3) be actively involved in the affairs of any |
|
political party or political organization; or |
|
(4) actively participate in any campaign for any |
|
elective office. |
|
Sec. 422.104. CONFLICT OF INTEREST. (a) The inspector |
|
general may not serve as an ex officio member on the governing body |
|
of a governmental entity. |
|
(b) The inspector general may not have a financial interest |
|
in the transactions of the office or an agency. |
|
(c) The inspector general and the deputy inspector general |
|
designated for the commission may not have a financial interest in |
|
the transactions of a provider. |
|
Sec. 422.105. REMOVAL. The governor, with the advice and |
|
consent of the senate, may remove the inspector general from office |
|
as provided by Section 9, Article XV, Texas Constitution. |
|
Sec. 422.106. DEPUTY INSPECTORS GENERAL. (a) Subject to |
|
available appropriations and as necessary to carry out the powers |
|
and duties of the inspector general under this chapter and other |
|
laws granting jurisdiction to or applicable to the inspector |
|
general, the inspector general may designate a person to serve as |
|
the deputy inspector general for any agency or serve as a deputy |
|
inspector general for more than one agency. |
|
(b) The inspector general shall designate persons to serve |
|
as the deputy inspectors general for each of the following |
|
agencies: |
|
(1) the Health and Human Services Commission; |
|
(2) the Texas Youth Commission; |
|
(3) the Texas Department of Criminal Justice; |
|
(4) the Texas Education Agency; and |
|
(5) the Texas Department of Transportation. |
|
(c) A deputy inspector general is an at-will employee and |
|
may be discharged by the inspector general without a hearing. |
|
(d) A deputy inspector general shall report to and perform |
|
duties as directed by the inspector general. |
|
(e) Each agency to which a deputy inspector general is |
|
appointed shall provide to the agency's designated deputy inspector |
|
general facilities and support services, including suitable office |
|
space, furniture, computer and communications equipment, |
|
administrative support, and salary and benefits as provided by the |
|
General Appropriations Act. |
|
Sec. 422.107. PEACE OFFICERS. (a) The office may employ |
|
and commission peace officers to assist the inspector general in |
|
carrying out the duties of the office relating to detection, |
|
investigation, and prevention of criminal wrongdoing, malfeasance, |
|
misfeasance, or fraud, waste, and abuse in programs at an agency or |
|
in programs receiving state or federal funds that are implemented, |
|
administered, or overseen by or for an agency. |
|
(b) A commissioned peace officer or otherwise designated |
|
law enforcement officer employed by the office is not entitled to |
|
supplemental benefits from the law enforcement and custodial |
|
officer supplemental retirement fund unless the officer transfers |
|
from a position, without a break in service, that qualifies for |
|
supplemental retirement benefits from the fund. |
|
Sec. 422.108. IN-HOUSE GENERAL COUNSEL. The inspector |
|
general shall employ an in-house general counsel. The general |
|
counsel must: |
|
(1) be an attorney licensed to practice law in this |
|
state; |
|
(2) be in good standing with the State Bar of Texas; |
|
and |
|
(3) have at least five years of continuing experience |
|
in advising senior executive management in the public or private |
|
sector on contracts and contract management. |
|
Sec. 422.109. EXPERTS. Subject to the availability of |
|
funds, the inspector general and deputy inspectors general may |
|
contract with certified public accountants, qualified management |
|
consultants, or other professional experts as necessary to |
|
independently perform the functions of the office. |
|
Sec. 422.110. EMPLOYEES; TRAINING. (a) The inspector |
|
general may appoint, employ, promote, and remove personnel as the |
|
inspector general considers necessary for the efficient and |
|
effective administration of the office. |
|
(b) The inspector general shall train office personnel to |
|
pursue, efficiently and as necessary, fraud, waste, and abuse cases |
|
in programs at an agency or in other state or federally funded |
|
programs implemented, administered, or overseen by or for the |
|
agency. |
|
Sec. 422.111. ASSISTANCE BY AGENCY EMPLOYEES. (a) The |
|
inspector general may require employees of an agency to provide |
|
information, resources, or other assistance to the office as the |
|
inspector general considers necessary to fulfill the duties and |
|
responsibilities imposed on the office under this chapter and other |
|
law in connection with the investigation of fraud, waste, and abuse |
|
in the provision of services for programs at an agency or in state |
|
or federally funded programs implemented, administered, or |
|
overseen by or for the agency. |
|
(b) The inspector general or the deputy inspector general |
|
for the commission may also require employees of any health and |
|
human services agency to provide assistance under Subsection (a). |
|
Sec. 422.112. MERIT SYSTEM. (a) The office may establish a |
|
merit system for its employees. |
|
(b) The merit system may be maintained in conjunction with |
|
other agencies that are required by federal law to operate under a |
|
merit system. |
|
[Sections 422.113-422.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL POWERS AND DUTIES |
|
Sec. 422.151. GENERAL RESPONSIBILITIES. (a) The office is |
|
responsible for: |
|
(1) the investigation of any matter pertaining to or |
|
involving an agency that receives state or federal funds; and |
|
(2) the investigation, prevention, and detection of |
|
criminal misconduct and wrongdoing and of fraud, waste, and abuse, |
|
as defined in applicable state and federal law, in the provision or |
|
funding of services by or for an agency or under a program |
|
implemented, administered, or overseen by or for the agency. |
|
(b) The inspector general shall set clear objectives, |
|
priorities, and performance standards for the office that |
|
emphasize: |
|
(1) coordinating investigative efforts to |
|
aggressively recover money; |
|
(2) allocating resources to cases that have the |
|
strongest supportive evidence and the greatest potential for |
|
recovery of money; and |
|
(3) maximizing opportunities for referral of cases to |
|
the appropriate authorities. |
|
(c) The inspector general shall investigate allegations of |
|
fraud, waste, abuse, misconduct, nonfeasance, misfeasance, and |
|
malfeasance, and violations of this chapter or other law. |
|
(d) The office may: |
|
(1) conduct criminal, civil, and administrative |
|
investigations and initiate reviews of an agency as considered |
|
appropriate by the inspector general; and |
|
(2) receive and investigate complaints from any source |
|
on its own initiative. |
|
(e) The inspector general shall perform all other duties and |
|
exercise all other powers granted to the inspector general's office |
|
by this chapter or another law. |
|
Sec. 422.152. GENERAL POWERS. The office has all the powers |
|
necessary or appropriate to carry out its responsibilities and |
|
functions under this chapter and other law. In addition to |
|
performing functions and duties otherwise provided by law, the |
|
office may: |
|
(1) audit the use and effectiveness of state or |
|
federal funds, including contract and grant funds, administered by |
|
a person or an agency; |
|
(2) conduct reviews, investigations, and inspections |
|
relating to the funds described by Subdivision (1); |
|
(3) recommend policies promoting economical and |
|
efficient administration of the funds described by Subdivision (1) |
|
and the prevention and detection of fraud, waste, and abuse in |
|
administration of those funds; and |
|
(4) conduct internal affairs investigations in |
|
instances of fraud, waste, and abuse and in instances of misconduct |
|
by employees, contractors, subcontractors, and vendors. |
|
Sec. 422.153. RULEMAKING BY INSPECTOR GENERAL. (a) |
|
Notwithstanding Section 531.0055(e) and any other law, the |
|
inspector general shall adopt the rules necessary to administer the |
|
functions of the office, including rules to address the imposition |
|
of sanctions and penalties for violations and due process |
|
requirements for imposing sanctions and penalties. |
|
(b) A rule, standard, or form adopted by an agency that is |
|
necessary to accomplish the duties of the office is considered to |
|
also be a rule, standard, or form of the office and remains in |
|
effect as a rule, standard, or form of the office until changed by |
|
the inspector general. |
|
(c) The rules must include standards for the office that |
|
emphasize: |
|
(1) coordinating investigative efforts to |
|
aggressively recover money; |
|
(2) allocating resources to cases that have the |
|
strongest supportive evidence and the greatest potential for |
|
recovery of money; and |
|
(3) maximizing opportunities for referral of cases to |
|
the appropriate authorities. |
|
Sec. 422.154. STATE AUDITOR AUDITS, INVESTIGATIONS, AND |
|
ACCESS TO INFORMATION NOT IMPAIRED. This subchapter or other law |
|
related to the operation of the inspector general does not: |
|
(1) take precedence over the authority of the state |
|
auditor to conduct audits under Chapter 321 or other law; or |
|
(2) prohibit the state auditor from conducting an |
|
audit, investigation, or other review or from having full and |
|
complete access to all records and other information, including |
|
witnesses and electronic data, that the state auditor considers |
|
necessary for the audit, investigation, or other review. |
|
Sec. 422.155. PUBLIC PAMPHLET. (a) The office shall |
|
provide information of public interest in the form of a pamphlet |
|
that describes: |
|
(1) the functions of the office, including the |
|
functions of the inspector general; |
|
(2) the matters or issues that may be subject to an |
|
investigation or review performed by the office; and |
|
(3) the manner in which a person may report an |
|
allegation of fraud, abuse, or criminal wrongdoing to the office. |
|
(b) The office shall make the information described by |
|
Subsection (a) available to state officers and employees and to the |
|
public. |
|
Sec. 422.156. INTERNET WEBSITE. (a) The office shall |
|
maintain an Internet website accessible to the public. |
|
(b) The office shall post in a conspicuous place on the |
|
office's Internet website the public interest pamphlet prepared |
|
under Section 422.155. |
|
(c) The office shall ensure that the office's Internet |
|
website allows a person to report to the office an allegation of |
|
fraud, abuse, or criminal wrongdoing related to an agency. A report |
|
submitted through the office's Internet website, in person, or |
|
through another means of communication may be anonymous. |
|
Sec. 422.157. SEAL. The seal of the office shall be a |
|
five-pointed star in the center with the words "Office of Inspector |
|
General, State of Texas" engraved around the margin. The seal shall |
|
be used to authenticate official documents issued by the office. |
|
Sec. 422.158. EXECUTIVE ORDERS. (a) The governor may issue |
|
executive orders directing agencies to implement recommendations |
|
issued by the office for corrective or remedial actions promoting |
|
the economical and efficient administration of money and the |
|
detection of fraud. |
|
(b) The governor shall submit to the lieutenant governor, |
|
the speaker of the house of representatives, the state auditor, and |
|
the comptroller a report of the executive orders issued under this |
|
chapter and the compliance by agencies with those orders. |
|
Sec. 422.159. DEFENSE BY ATTORNEY GENERAL. The attorney |
|
general shall defend any action brought against the inspector |
|
general, a deputy inspector general, or an employee or officer of |
|
the office as a result of that person's official act or omission, |
|
whether or not the person has terminated service with the office at |
|
the time the action is instituted. |
|
Sec. 422.160. INTERAGENCY COORDINATION. (a) The office may |
|
develop and implement written procedures for coordinating reviews |
|
of suspected fraud, waste, or abuse, as those terms are defined by |
|
state or federal law, or other violations of state or federal law |
|
under programs at an agency for which a deputy inspector general is |
|
appointed or in programs at any agency receiving state or federal |
|
funds that are implemented, administered, or overseen by the |
|
agency. |
|
(b) An exchange of any information under this section |
|
between the office and appropriate authorities does not subject the |
|
exchange of the information or the information to disclosure under |
|
Chapter 552. |
|
Sec. 422.161. INFORMATION AND TECHNOLOGY. The office may |
|
obtain information or technology necessary to enable the office to |
|
meet its responsibilities under this chapter or other law. |
|
[Sections 422.162-422.200 reserved for expansion] |
|
SUBCHAPTER E. REVIEWS, INVESTIGATIONS, AND AUDITS |
|
Sec. 422.201. REVIEW, INVESTIGATION, AND AUDIT AUTHORITY. |
|
(a) The inspector general may evaluate any activity or operation |
|
of: |
|
(1) an agency; |
|
(2) a provider, in connection with an activity listed |
|
in Section 422.002(9) or in connection with the provider's |
|
relationship with the commission or a health and human services |
|
agency as defined by Section 531.001; or |
|
(3) a person in this state in relation to the |
|
investigation, detection, or prevention of fraud, waste, abuse, or |
|
employee misconduct in a program at an agency or in a state or |
|
federally funded program implemented, administered, or overseen by |
|
or for the agency. |
|
(b) A review may include an investigation or other inquiry |
|
into a specific act or allegation of, or a specific financial |
|
transaction or practice that may involve, impropriety, |
|
malfeasance, or nonfeasance in the obligation, spending, receipt, |
|
or other use of state or federal money. |
|
(c) The office shall conduct reviews and inspections to |
|
protect the public and detect and prevent fraud, waste, and abuse in |
|
the provision or funding of services or programs by or for an |
|
agency. |
|
(d) An agency or the governing body or governing officer of |
|
an agency may not impair or prohibit the inspector general from |
|
initiating or completing a review. |
|
(e) With respect to an agency, the inspector general may |
|
audit and review the use and effectiveness of state or federal |
|
funds, including contract and grant funds, administered by a person |
|
or agency receiving the funds in connection with an agency or state |
|
or federally funded program implemented, administered, or overseen |
|
by or for the agency. |
|
Sec. 422.202. CLAIMS CRITERIA FOR INVESTIGATIONS. The |
|
office by rule shall set specific claims criteria that, when met, |
|
require the office to begin an investigation. |
|
Sec. 422.203. INITIATION OF REVIEW. The inspector general |
|
may initiate a review: |
|
(1) on the inspector general's own initiative; |
|
(2) at the request of an agency or the governing body |
|
or governing officer of the agency; or |
|
(3) based on a complaint from any source concerning a |
|
matter described by Section 422.201. |
|
Sec. 422.204. ACCESS TO INFORMATION. (a) To further a |
|
review conducted by the office, the inspector general or a deputy |
|
inspector general is entitled to access all books, records, |
|
accounts, documents, reports, vouchers, databases, systems, or |
|
other information, including confidential information, electronic |
|
data, and internal records relevant to the functions of the office |
|
that are maintained by or for a person, agency, or provider, if |
|
applicable, in connection with an agency or a state or federally |
|
funded program implemented, administered, or overseen by or for the |
|
agency. The inspector general's authority under this subsection |
|
supersedes any claim of privilege. |
|
(b) The inspector general or deputy inspector general may |
|
not access data or other information the release of which is |
|
restricted under federal law unless the appropriate federal agency |
|
approves the release to the office or its agent. |
|
Sec. 422.205. COOPERATION REQUIRED. To further a review |
|
conducted by the inspector general's office, the inspector general |
|
or deputy inspector general may require medical or other |
|
professional assistance from an agency or an auditor, accountant, |
|
or other employee of the agency. |
|
Sec. 422.206. EMPLOYEE REPORTS. The inspector general may |
|
require employees at an agency to report to the office information |
|
regarding fraud, waste, misuse or abuse of funds or resources, |
|
corruption, or illegal acts. |
|
Sec. 422.207. SUBPOENAS. (a) The inspector general may |
|
issue a subpoena to compel the attendance of a relevant witness at a |
|
hearing or deposition under this chapter or to compel the |
|
production, for inspection or copying, of books, papers, records, |
|
documents, or other relevant materials, including electronic data, |
|
in connection with a review, hearing, or deposition conducted under |
|
this chapter. The inspector general may issue a subpoena for the |
|
records of any person receiving any funds from an agency under a |
|
contract for the delivery of goods or services to this state. |
|
(b) The inspector general may delegate the authority to |
|
issue subpoenas to a deputy inspector general. |
|
(c) A subpoena may be served personally or by certified |
|
mail. If a person fails to comply with a subpoena, the inspector |
|
general, acting through the attorney general, may file suit to |
|
enforce the subpoena in a district court in this state. |
|
(d) On finding that good cause exists for issuing the |
|
subpoena, the court shall order the person to comply with the |
|
subpoena. The court may hold in contempt a person who fails to obey |
|
the court order. |
|
(e) The reimbursement of the expenses of a witness whose |
|
attendance is compelled under this section is governed by Section |
|
2001.103. |
|
(f) Nothing in this section limits or alters a person's |
|
rights under state or federal law. |
|
Sec. 422.208. INTERNAL AUDITOR. (a) In this section, |
|
"internal auditor" means a person appointed under Section 2102.006. |
|
(b) The internal auditor for an agency shall provide the |
|
inspector general with a copy of the agency's internal audit plan |
|
to: |
|
(1) assist in the coordination of efforts between the |
|
inspector general and the internal auditor; and |
|
(2) limit duplication of effort regarding reviews by |
|
the inspector general and internal auditor. |
|
(c) The internal auditor shall provide to the inspector |
|
general all final audit reports concerning audits of any: |
|
(1) part or division of the agency; |
|
(2) contract, procurement, or grant; and |
|
(3) program conducted by the agency. |
|
Sec. 422.209. REFERRAL OF CRIMINAL, CIVIL, AND |
|
ADMINISTRATIVE MATTERS. (a) The inspector general may provide |
|
information and evidence relating to criminal acts to the state |
|
auditor's office and appropriate law enforcement officials. |
|
(b) The inspector general shall refer matters for further |
|
criminal action in the same manner as the state auditor refers |
|
criminal matters under Chapter 321. |
|
(c) The inspector general shall refer matters for further |
|
civil and administrative action in the same manner as the state |
|
auditor refers civil and administrative matters under Chapter 321. |
|
(d) The office may assist appropriate authorities with |
|
their administrative, civil, or criminal investigations if the |
|
assistance is requested by the appropriate authorities. |
|
(e) An appropriate authority that decides not to |
|
investigate or prosecute a complaint alleging criminal conduct |
|
referred to that authority by the inspector general shall notify |
|
the inspector general of that decision. |
|
Sec. 422.210. COOPERATION AND COORDINATION WITH STATE |
|
AUDITOR. (a) The state auditor may, on request of the inspector |
|
general, provide appropriate information or other assistance to the |
|
inspector general or office, as determined by the state auditor. |
|
(b) The inspector general may meet with the state auditor's |
|
office to coordinate a review conducted under this chapter, share |
|
information, or schedule work plans. |
|
(c) The state auditor is entitled to access all information |
|
maintained by the inspector general, including vouchers, |
|
electronic data, internal records, and information obtained under |
|
Section 422.204 or subject to Section 422.253. |
|
(d) Any information obtained or provided by the state |
|
auditor under this section is confidential and not subject to |
|
disclosure under Chapter 552. |
|
Sec. 422.211. PREVENTION. (a) The inspector general may |
|
recommend to an agency or the presiding officer of the agency |
|
policies on: |
|
(1) promoting economical and efficient administration |
|
of state or federal funds administered by an individual or entity |
|
that received the funds from an agency; and |
|
(2) preventing and detecting fraud, waste, and abuse |
|
in the administration of those funds. |
|
(b) The inspector general may provide training or other |
|
education regarding the prevention of fraud, waste, and abuse to |
|
employees of an agency. The training or education provided must be |
|
approved by the presiding officer of the agency. |
|
Sec. 422.212. AWARD FOR REPORTING FRAUD, WASTE, ABUSE, OR |
|
OVERCHARGES. (a) If the office determines that the report results |
|
in the recovery of an administrative or civil penalty imposed by |
|
law, the office may grant an award to an individual who reports: |
|
(1) activity that constitutes fraud, waste, or abuse |
|
of money related to any agency programs or in programs receiving |
|
state or federal funds that are implemented, administered, or |
|
overseen by the agency; or |
|
(2) overcharges in a program described by Subdivision |
|
(1). |
|
(b) The office may not grant an award to an individual in |
|
connection with a report if the office or attorney general had |
|
independent knowledge of the activity reported by the individual. |
|
(c) The office shall determine the amount of an award |
|
granted under this section. The amount may not exceed five percent |
|
of the amount of the administrative or civil penalty imposed by law |
|
that resulted from the individual's report. |
|
(d) In determining the amount of an award granted under this |
|
section, the office: |
|
(1) shall consider the importance of the report in |
|
ensuring the fiscal integrity of the program; and |
|
(2) may consider whether the individual participated |
|
in the reported fraud, waste, abuse, or overcharge. |
|
(e) A person who brings an action under Subchapter C, |
|
Chapter 36, Human Resources Code, is not eligible for an award under |
|
this section. |
|
Sec. 422.213. RULEMAKING BY PRESIDING OFFICER OF AGENCY. |
|
An agency may adopt rules governing the agency's response to |
|
reports and referrals from the inspector general on issues |
|
identified by the inspector general related to the agency or a |
|
contractor of the agency. |
|
Sec. 422.214. ALLEGATIONS OF MISCONDUCT AGAINST PRESIDING |
|
OFFICER. If a review by the inspector general involves allegations |
|
that a presiding officer of the governing body of an agency, or if |
|
applicable the single state officer who governs the agency, has |
|
engaged in misconduct, the inspector general shall report to the |
|
governor during the review until the report is completed or the |
|
review is closed without a finding. |
|
Sec. 422.215. RIGHT TO DECLINE INVESTIGATION. The |
|
inspector general may decline to investigate a complaint that the |
|
inspector general determines: |
|
(1) is trivial, frivolous, or vexatious; |
|
(2) was not made in good faith; |
|
(3) is based on a situation for which too much time has |
|
passed to justify an investigation; |
|
(4) may not be adequately investigated with the |
|
resources available, considering established priorities; or |
|
(5) addresses a matter that is not within the |
|
inspector general's investigatory authority. |
|
[Sections 422.216-422.250 reserved for expansion] |
|
SUBCHAPTER F. REPORTS |
|
Sec. 422.251. REPORTING OFFICE FINDINGS. Unless the |
|
findings would compromise an ongoing investigation by the attorney |
|
general or law enforcement, the inspector general shall report the |
|
findings of the office in connection with a review conducted under |
|
this chapter to: |
|
(1) the presiding officer of the governing body of the |
|
agency, or if applicable the single state officer who governs the |
|
agency; |
|
(2) the governor; |
|
(3) the lieutenant governor; |
|
(4) the speaker of the house of representatives; |
|
(5) the comptroller; |
|
(6) the state auditor; and |
|
(7) the attorney general. |
|
Sec. 422.252. FLAGRANT VIOLATIONS. The inspector general |
|
may report to the presiding officer of the governing body of the |
|
agency associated with the review, or if applicable the single |
|
state officer who governs the agency, the governor, and the state |
|
auditor a particularly serious or flagrant problem relating to the |
|
administration of a program, operation of the agency, or |
|
interference with an inspector general review. |
|
Sec. 422.253. INFORMATION CONFIDENTIAL. (a) Except as |
|
provided by this chapter, all information and material compiled by |
|
the inspector general during a review under this chapter is: |
|
(1) confidential and not subject to disclosure under |
|
Chapter 552; and |
|
(2) not subject to disclosure, discovery, subpoena, or |
|
other means of legal compulsion for release to anyone other than the |
|
state auditor's office, the agency that is the subject of a review, |
|
or the office or its agents involved in the review related to that |
|
information or material. |
|
(b) As the inspector general determines appropriate, |
|
information relating to a review may be disclosed to: |
|
(1) a law enforcement agency; |
|
(2) the attorney general; |
|
(3) the state auditor; or |
|
(4) the agency that is the subject of a review. |
|
(c) A person that receives information under Subsection (b) |
|
may not disclose the information except to the extent that |
|
disclosure is consistent with the authorized purpose for which the |
|
person received the information. |
|
Sec. 422.254. DRAFT OF FINAL REVIEW REPORT; AGENCY |
|
RESPONSE. (a) Except in cases in which the office has determined |
|
that potential fraud, waste, or abuse exists, the office shall |
|
provide a draft of the final review report of any investigation, |
|
audit, or review of the operations of an agency to the presiding |
|
officer of the governing body of the agency, or if applicable to the |
|
single state officer who governs the agency, before publishing the |
|
office's final review report. |
|
(b) The agency may provide a response to the office's draft |
|
report in the manner prescribed by the office not later than the |
|
10th day after the date the draft report is received by the agency. |
|
The inspector general by rule shall specify the format of and |
|
requirements for the agency response. |
|
(c) Notwithstanding Subsection (a), the office may not |
|
provide a draft report to the presiding officer of the governing |
|
body of the agency, or if applicable to the single state officer who |
|
governs the agency, if in the inspector general's opinion providing |
|
the draft report could negatively affect any anticipated civil or |
|
criminal proceedings. |
|
(d) The office may include any portion of the agency's |
|
response in the office's final report. |
|
Sec. 422.255. FINAL REVIEW REPORTS; AGENCY RESPONSE. (a) |
|
The inspector general shall prepare a final report for each review |
|
conducted under this chapter. The final report must include: |
|
(1) a summary of the activities performed by the |
|
inspector general in conducting the review; |
|
(2) a determination of whether wrongdoing was found; |
|
and |
|
(3) a description of any findings of wrongdoing. |
|
(b) The inspector general's final review reports are |
|
subject to disclosure under Chapter 552. |
|
(c) All working papers and other documents related to |
|
compiling the final review reports remain confidential and are not |
|
subject to disclosure under Chapter 552. |
|
(d) Not later than the 60th day after the date the office |
|
issues a final report that identifies deficiencies or |
|
inefficiencies in, or recommends corrective measures in the |
|
operations of, an agency, the agency shall file a response that |
|
includes: |
|
(1) an implementation plan and timeline for |
|
implementing corrective measures; or |
|
(2) the agency's rationale for declining to implement |
|
corrective measures for the identified deficiencies or |
|
inefficiencies or the office's recommended corrective measures, as |
|
applicable. |
|
Sec. 422.256. COSTS. (a) The inspector general shall |
|
maintain information regarding the cost of reviews. |
|
(b) The inspector general may cooperate with appropriate |
|
administrative and prosecutorial agencies, including the attorney |
|
general, in recovering costs incurred under this chapter from |
|
nongovernmental entities, including contractors or individuals |
|
involved in: |
|
(1) violations of applicable state or federal rules or |
|
statutes; |
|
(2) abusive or wilful misconduct; or |
|
(3) violations of a provider contract or program |
|
policy. |
|
Sec. 422.257. SEMIANNUAL REPORT; LEGISLATIVE REPORT. (a) |
|
The office shall prepare and submit a semiannual report to the |
|
governor, the lieutenant governor, the speaker of the house of |
|
representatives, the state auditor, the comptroller, and each |
|
member of the legislature concerning: |
|
(1) any completed final review; and |
|
(2) the activities of the office and the attorney |
|
general in detecting and preventing fraud, waste, and abuse under |
|
any agency programs or in programs receiving state or federal funds |
|
that are implemented, administered, or overseen by an agency that |
|
is reviewed by the office under this chapter. |
|
(b) Not later than December 1 of each even-numbered year, |
|
the office shall issue to each member of the legislature a report |
|
that contains the information required under Subsection (a) for the |
|
two years immediately preceding the legislative session. The |
|
office shall make the report available to the public. |
|
[Sections 422.258-422.300 reserved for expansion] |
|
SUBCHAPTER G. HEALTH AND HUMAN SERVICES POWERS AND DUTIES |
|
Sec. 422.301. GENERAL HEALTH AND HUMAN SERVICES POWERS. |
|
The office has all the powers necessary or appropriate to carry out |
|
its responsibilities and functions under this chapter and other law |
|
in relation to health and human services matters. In addition to |
|
performing functions and duties otherwise provided by law, the |
|
office may provide for coordination between the office and special |
|
investigative units formed by managed care organizations under |
|
Section 531.113 or entities with which managed care organizations |
|
contract under that section. |
|
Sec. 422.302. HEALTH AND HUMAN SERVICES RESPONSIBILITIES. |
|
The office is responsible for: |
|
(1) the investigation of fraud, waste, and abuse in |
|
the provision or funding of health or human services by this state; |
|
(2) the enforcement of state law relating to the |
|
provision of those services to protect the public; and |
|
(3) the prevention and detection of crime relating to |
|
the provision of those services. |
|
Sec. 422.303. INTEGRITY REVIEW FOR MEDICAID PROGRAM. (a) |
|
The deputy inspector general designated for the commission shall |
|
conduct an integrity review to determine whether there is |
|
sufficient basis to warrant a full investigation on receipt of any |
|
complaint of fraud, waste, or abuse of funds in the state Medicaid |
|
program from any source. |
|
(b) An integrity review under this section must begin not |
|
later than the 30th day after the date the office receives a |
|
complaint or has reason to believe that Medicaid fraud, waste, or |
|
abuse has occurred. An integrity review shall be completed not |
|
later than the 90th day after the date the review began. |
|
(c) If the findings of an integrity review give the office |
|
reason to believe that an incident of fraud involving possible |
|
criminal conduct has occurred in the state Medicaid program, the |
|
office must take the following action, as appropriate, not later |
|
than the 30th day after the completion of the integrity review: |
|
(1) if a provider is suspected of fraud involving |
|
criminal conduct, the office must refer the case under Section |
|
422.209, provided that the criminal referral does not preclude the |
|
office from continuing its investigation of the provider or |
|
preclude the imposition of appropriate administrative or civil |
|
sanctions; or |
|
(2) if there is reason to believe that a recipient of |
|
funds has defrauded the Medicaid program, the office may conduct a |
|
full investigation of the suspected fraud. |
|
Sec. 422.304. IMMEDIATE REFERRAL OF MEDICAID FRAUD. (a) At |
|
the time the office learns or has reason to suspect that a health or |
|
human services provider's records related to participation in the |
|
state Medicaid program are being withheld, concealed, destroyed, |
|
fabricated, or in any way falsified, the office shall immediately |
|
refer the case as provided in Section 422.209. |
|
(b) A criminal referral under Subsection (a) does not |
|
preclude the office from continuing its investigation of a health |
|
or human services provider or the imposition of appropriate |
|
administrative or civil sanctions. |
|
Sec. 422.305. HOLD ON CLAIM REIMBURSEMENT PAYMENT; |
|
EXCLUSION FROM PROGRAMS. (a) In addition to other instances |
|
authorized under state or federal law, the office shall impose |
|
without prior notice a hold on payment of claims for reimbursement |
|
submitted by a health or human services provider to compel |
|
production of records related to participation in the state |
|
Medicaid program or on request of the state's Medicaid fraud |
|
control unit, as applicable. |
|
(b) The office must notify the health or human services |
|
provider of the hold on payment not later than the fifth working day |
|
after the date the payment hold is imposed. |
|
(c) The office shall, in consultation with the state's |
|
Medicaid fraud control unit, establish guidelines under which holds |
|
on payment or exclusions from a health and human services program: |
|
(1) may permissively be imposed on a health or human |
|
services provider; or |
|
(2) shall automatically be imposed on a provider. |
|
(d) A health or human services provider subject to a hold on |
|
payment or excluded from a program under this section is entitled to |
|
a hearing on the hold or exclusion. A hearing under this subsection |
|
is a contested case hearing under Chapter 2001. The State Office of |
|
Administrative Hearings shall conduct the hearing. After the |
|
hearing, the office, subject to judicial review, shall make a final |
|
determination. The commission, a health and human services agency, |
|
and the attorney general are entitled to intervene as parties in the |
|
contested case. |
|
Sec. 422.306. REQUEST FOR EXPEDITED HEARING. (a) On timely |
|
written request by a health or human services provider subject to a |
|
hold on payment under Section 422.305, other than a hold requested |
|
by the state's Medicaid fraud control unit, the office shall file a |
|
request with the State Office of Administrative Hearings for an |
|
expedited administrative hearing regarding the hold. |
|
(b) The health or human services provider must request an |
|
expedited hearing not later than the 10th day after the date the |
|
provider receives notice from the office under Section 422.305(b). |
|
Sec. 422.307. INFORMAL RESOLUTION. (a) The inspector |
|
general shall adopt rules that allow a health or human services |
|
provider subject to a hold on payment under Section 422.305, other |
|
than a hold requested by the state's Medicaid fraud control unit, to |
|
seek an informal resolution of the issues identified by the office |
|
in the notice provided under that section. |
|
(b) A health or human services provider that seeks an |
|
informal resolution must do so not later than the 10th day after the |
|
date the provider receives notice from the office under Section |
|
422.305(b). |
|
(c) A health or human services provider's decision to seek |
|
an informal resolution does not extend the time by which the |
|
provider must request an expedited administrative hearing under |
|
Section 422.306. |
|
(d) A hearing initiated under Section 422.305 shall be |
|
stayed at the office's request until the informal resolution |
|
process is completed. |
|
[Sections 422.308-422.450 reserved for expansion] |
|
SUBCHAPTER J. PENALTIES |
|
Sec. 422.451. ADMINISTRATIVE OR CIVIL PENALTY; INJUNCTION. |
|
(a) The office may request that the appropriate authorities obtain |
|
an injunction to prevent a person from disposing of an asset |
|
identified by the office as potentially subject to recovery by the |
|
office due to the person's fraud, waste, or abuse. |
|
(b) The office may act for an agency in assessing |
|
administrative or civil penalties the agency is authorized to |
|
assess under applicable law if: |
|
(1) the inspector general is required to designate a |
|
deputy inspector general for the agency under Section 422.106; |
|
(2) the agency is a health and human services agency as |
|
defined by Section 531.001; or |
|
(3) the penalty is imposed in connection with fraud, |
|
waste, or abuse in the use of state or federal funds. |
|
(c) If the office imposes an administrative or civil penalty |
|
under Subsection (b) for an agency: |
|
(1) the agency may not impose an administrative or |
|
civil penalty against the same person for the same violation; and |
|
(2) the office shall impose the penalty under |
|
applicable rules of the office, this chapter, and applicable laws |
|
governing the imposition of a penalty by the agency. |
|
SECTION 10.02. Section 20.038, Business & Commerce Code, is |
|
amended to read as follows: |
|
Sec. 20.038. EXEMPTION FROM SECURITY FREEZE. A security |
|
freeze does not apply to a consumer report provided to: |
|
(1) a state or local governmental entity, including a |
|
law enforcement agency or court or private collection agency, if |
|
the entity, agency, or court is acting under a court order, warrant, |
|
subpoena, or administrative subpoena; |
|
(2) a child support agency as defined by Section |
|
101.004, Family Code, acting to investigate or collect child |
|
support payments or acting under Title IV-D of the Social Security |
|
Act (42 U.S.C. Section 651 et seq.); |
|
(3) the office of inspector general [Health and Human
|
|
Services Commission] acting to investigate fraud, waste, or abuse |
|
in state agencies under Chapter 422, Government Code, or other law |
|
[under Section 531.102, Government Code]; |
|
(4) the comptroller acting to investigate or collect |
|
delinquent sales or franchise taxes; |
|
(5) a tax assessor-collector acting to investigate or |
|
collect delinquent ad valorem taxes; |
|
(6) a person for the purposes of prescreening as |
|
provided by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et |
|
seq.), as amended; |
|
(7) a person with whom the consumer has an account or |
|
contract or to whom the consumer has issued a negotiable |
|
instrument, or the person's subsidiary, affiliate, agent, |
|
assignee, prospective assignee, or private collection agency, for |
|
purposes related to that account, contract, or instrument; |
|
(8) a subsidiary, affiliate, agent, assignee, or |
|
prospective assignee of a person to whom access has been granted |
|
under Section 20.037(b); |
|
(9) a person who administers a credit file monitoring |
|
subscription service to which the consumer has subscribed; |
|
(10) a person for the purpose of providing a consumer |
|
with a copy of the consumer's report on the consumer's request; |
|
(11) a check service or fraud prevention service |
|
company that issues consumer reports: |
|
(A) to prevent or investigate fraud; or |
|
(B) for purposes of approving or processing |
|
negotiable instruments, electronic funds transfers, or similar |
|
methods of payment; |
|
(12) a deposit account information service company |
|
that issues consumer reports related to account closures caused by |
|
fraud, substantial overdrafts, automated teller machine abuses, or |
|
similar negative information regarding a consumer to an inquiring |
|
financial institution for use by the financial institution only in |
|
reviewing a consumer request for a deposit account with that |
|
institution; or |
|
(13) a consumer reporting agency that: |
|
(A) acts only to resell credit information by |
|
assembling and merging information contained in a database of |
|
another consumer reporting agency or multiple consumer reporting |
|
agencies; and |
|
(B) does not maintain a permanent database of |
|
credit information from which new consumer reports are produced. |
|
SECTION 10.03. Article 2.12, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
|
officers: |
|
(1) sheriffs, their deputies, and those reserve |
|
deputies who hold a permanent peace officer license issued under |
|
Chapter 1701, Occupations Code; |
|
(2) constables, deputy constables, and those reserve |
|
deputy constables who hold a permanent peace officer license issued |
|
under Chapter 1701, Occupations Code; |
|
(3) marshals or police officers of an incorporated |
|
city, town, or village, and those reserve municipal police officers |
|
who hold a permanent peace officer license issued under Chapter |
|
1701, Occupations Code; |
|
(4) rangers and officers commissioned by the Public |
|
Safety Commission and the Director of the Department of Public |
|
Safety; |
|
(5) investigators of the district attorneys', criminal |
|
district attorneys', and county attorneys' offices; |
|
(6) law enforcement agents of the Texas Alcoholic |
|
Beverage Commission; |
|
(7) each member of an arson investigating unit |
|
commissioned by a city, a county, or the state; |
|
(8) officers commissioned under Section 37.081, |
|
Education Code, or Subchapter E, Chapter 51, Education Code; |
|
(9) officers commissioned by the General Services |
|
Commission; |
|
(10) law enforcement officers commissioned by the |
|
Parks and Wildlife Commission; |
|
(11) airport police officers commissioned by a city |
|
with a population of more than 1.18 million that operates an airport |
|
that serves commercial air carriers; |
|
(12) airport security personnel commissioned as peace |
|
officers by the governing body of any political subdivision of this |
|
state, other than a city described by Subdivision (11), that |
|
operates an airport that serves commercial air carriers; |
|
(13) municipal park and recreational patrolmen and |
|
security officers; |
|
(14) security officers and investigators commissioned |
|
as peace officers by the comptroller; |
|
(15) officers commissioned by a water control and |
|
improvement district under Section 49.216, Water Code; |
|
(16) officers commissioned by a board of trustees |
|
under Chapter 54, Transportation Code; |
|
(17) investigators commissioned by the Texas Medical |
|
Board; |
|
(18) officers commissioned by the board of managers of |
|
the Dallas County Hospital District, the Tarrant County Hospital |
|
District, or the Bexar County Hospital District under Section |
|
281.057, Health and Safety Code; |
|
(19) county park rangers commissioned under |
|
Subchapter E, Chapter 351, Local Government Code; |
|
(20) investigators employed by the Texas Racing |
|
Commission; |
|
(21) officers commissioned under Chapter 554, |
|
Occupations Code; |
|
(22) officers commissioned by the governing body of a |
|
metropolitan rapid transit authority under Section 451.108, |
|
Transportation Code, or by a regional transportation authority |
|
under Section 452.110, Transportation Code; |
|
(23) investigators commissioned by the attorney |
|
general under Section 402.009, Government Code; |
|
(24) security officers and investigators commissioned |
|
as peace officers under Chapter 466, Government Code; |
|
(25) an officer employed by the Department of State |
|
Health Services under Section 431.2471, Health and Safety Code; |
|
(26) officers appointed by an appellate court under |
|
Subchapter F, Chapter 53, Government Code; |
|
(27) officers commissioned by the state fire marshal |
|
under Chapter 417, Government Code; |
|
(28) an investigator commissioned by the commissioner |
|
of insurance under Section 701.104, Insurance Code; |
|
(29) apprehension specialists [and inspectors
|
|
general] commissioned by the Texas Youth Commission as officers |
|
under Section [Sections 61.0451 and] 61.0931, Human Resources Code; |
|
(30) [officers appointed by the inspector general of
|
|
the Texas Department of Criminal Justice under Section 493.019,
|
|
Government Code;
|
|
[(31)] investigators commissioned by the Commission |
|
on Law Enforcement Officer Standards and Education under Section |
|
1701.160, Occupations Code; |
|
(31) [(32)] commission investigators commissioned by |
|
the Texas Private Security Board under Section 1702.061(f), |
|
Occupations Code; |
|
(32) [(33)] the fire marshal and any officers, |
|
inspectors, or investigators commissioned by an emergency services |
|
district under Chapter 775, Health and Safety Code; |
|
(33) [(34)] officers commissioned by the State Board |
|
of Dental Examiners under Section 254.013, Occupations Code, |
|
subject to the limitations imposed by that section; [and] |
|
(34) [(35)] investigators commissioned by the Texas |
|
Juvenile Probation Commission as officers under Section 141.055, |
|
Human Resources Code; and |
|
(35) officers commissioned by the office of inspector |
|
general established under Chapter 422, Government Code. |
|
SECTION 10.04. The following sections of the Government |
|
Code are repealed: |
|
(1) Section 531.102; |
|
(2) Section 531.1021; and |
|
(3) Section 531.103. |
|
SECTION 10.05. (a) The repeal by this Act of Section |
|
531.102, Government Code, does not affect the validity of a |
|
complaint, investigation, or other proceeding initiated under that |
|
section before the effective date of this Act. A complaint, |
|
investigation, or other proceeding initiated under that section is |
|
continued in accordance with the changes in law made by this Act. |
|
(b) The repeal by this Act of Section 531.1021, Government |
|
Code, does not affect the validity of a subpoena issued under that |
|
section before the effective date of this Act. A subpoena issued |
|
under that section before the effective date of this Act is governed |
|
by the law that existed when the subpoena was issued, and the former |
|
law is continued in effect for that purpose. |
|
SECTION 10.06. (a) As soon as practicable after the |
|
effective date of this Act, the Legislative Budget Board shall |
|
submit to the governor a list with the names of at least three |
|
persons who may be appointed as inspector general for the office of |
|
inspector general as required by Chapter 422, Government Code, as |
|
added by this Act. |
|
(b) As soon as practicable after the date the governor |
|
receives the list under Subsection (a) of this section, the |
|
governor shall appoint an inspector general for the office of |
|
inspector general established under Chapter 422, Government Code, |
|
as added by this Act, to a term expiring February 1, 2011. |
|
(c) A person serving on the effective date of this Act as |
|
inspector general for a state agency subject to Chapter 422, |
|
Government Code, as added by this Act, shall serve as the deputy |
|
inspector general designated for the agency under Chapter 422, |
|
Government Code, as added by this Act, unless and until replaced by |
|
the inspector general. |
|
SECTION 10.07. A contract or proceeding primarily related |
|
to a function transferred to the office of inspector general |
|
established under this Act is transferred to the office. The |
|
transfer does not affect the status of a proceeding or the validity |
|
of a contract. |
|
SECTION 10.08. (a) All personnel and assets currently |
|
assigned to the inspector general of an agency subject to Chapter |
|
422, Government Code, as added by this Act, shall be promptly |
|
transferred to the office of inspector general established under |
|
Chapter 422 along with any equipment, documents, and records |
|
currently assigned to or used by the inspector general of that |
|
agency. Inventory of personnel, equipment, documents, records, and |
|
assets to be transferred under this section shall be accomplished |
|
jointly by the transferring agency and the inspector general |
|
serving under Chapter 422. All funds previously appropriated or |
|
used, from any source, by the transferring agency in support of the |
|
transferred functions, personnel, equipment, documents, records, |
|
or assets shall also be contemporaneously transferred to the |
|
office. |
|
(b) For purposes of this section, "currently assigned" |
|
means: |
|
(1) all personnel and vacant full-time equivalent |
|
positions assigned to or supporting a transferred function at any |
|
time during the state fiscal biennium beginning September 1, 2007; |
|
and |
|
(2) all inventory and equipment assigned to a |
|
transferred function or transferring personnel or that was in the |
|
possession of transferring personnel on or at any time after |
|
October 31, 2008. |
|
(c) All state and federal funding, including funding for |
|
overhead costs, support costs, and lease or colocation lease costs, |
|
for the functions to be transferred to the office of inspector |
|
general established under Chapter 422, Government Code, as added by |
|
this Act, shall be reallocated to that office. |
|
(d) For purposes of federal single state agency funding |
|
requirements, any federal funds for an agency subject to Chapter |
|
422, Government Code, as added by this Act, that may not be |
|
appropriated directly to the office of inspector general shall be |
|
transferred from the single state agency receiving the funds to the |
|
office of inspector general established under Chapter 422 if the |
|
funds are intended for a function performed by the office. |
|
SECTION 10.09. On the effective date of this Act: |
|
(1) all functions, activities, employees, rules, |
|
forms, money, property, contracts, memorandums of understanding, |
|
records, and obligations of a previously established office of |
|
inspector general of an agency subject to Chapter 422, Government |
|
Code, as added by this Act, become functions, activities, |
|
employees, rules, forms, money, property, contracts, memorandums |
|
of understanding, records, and obligations of the office of |
|
inspector general established under Chapter 422, without a change |
|
in status; and |
|
(2) all money appropriated or budgeted for the |
|
operations of a previously established office of inspector general |
|
at an agency subject to Chapter 422, Government Code, as added by |
|
this Act, including money for providing administrative support, is |
|
considered appropriated for the use of the office of inspector |
|
general established under Chapter 422. |
|
SECTION 10.10. (a) Each agency subject to Chapter 422, |
|
Government Code, as added by this Act, shall take all action |
|
necessary to provide for the orderly transfer of the assets and |
|
responsibilities of any previously established office of inspector |
|
general for that agency to the office of inspector general |
|
established under Chapter 422. |
|
(b) A rule or form adopted by a previously established |
|
office of inspector general of an agency subject to Chapter 422, |
|
Government Code, as added by this Act, is a rule or form of the |
|
office of inspector general established under Chapter 422 and |
|
remains in effect until changed by the office of inspector general. |
|
(c) A reference in law or administrative rule to a |
|
previously established office of inspector general of an agency |
|
subject to Chapter 422, Government Code, as added by this Act, means |
|
the office of inspector general established under Chapter 422. |
|
SECTION 10.11. If before implementing any provision of this |
|
Act a state agency determines that a waiver or authorization from a |
|
federal agency is necessary for implementation of that provision, |
|
the agency affected by the provision shall request the waiver or |
|
authorization and may delay implementing that provision until the |
|
waiver or authorization is granted. |
|
ARTICLE 11. TRANSITION PROVISIONS AND EFFECTIVE DATES |
|
SECTION 11.01. (a) On the effective date of this Act the |
|
state auditor's office is renamed the State Accountability Office. |
|
(b) The validity of an action taken by the state auditor, |
|
the state auditor's office, or the legislative audit committee is |
|
not affected by the change in names of the state auditor's office |
|
and the legislative audit committee. |
|
(c) On the effective date of this Act: |
|
(1) all functions, activities, employees, rules, |
|
forms, money, property, contracts, records, and obligations of the |
|
state auditor's office become functions, activities, employees, |
|
rules, forms, money, property, contracts, records, and obligations |
|
of the State Accountability Office without a change in status; |
|
(2) a reference in law to the state auditor's office |
|
means the State Accountability Office; and |
|
(3) all funds appropriated to the state auditor's |
|
office, including funds for providing administrative support for |
|
the state auditor's office, such as funds to pay the salary and |
|
benefits of employees who provide administrative support, are |
|
transferred to the State Accountability Office. |
|
SECTION 11.02. (a) Not later than March 1, 2010, the State |
|
Accountability Office shall develop the standard contract |
|
provision required by Section 321.0122, Government Code, as added |
|
by this Act. |
|
(b) A department is not required to comply with Section |
|
321.0122, Government Code, as added by this Act, until September 1, |
|
2010. |
|
SECTION 11.03. A governmental entity is not required to |
|
submit a report under Section 331.007, Government Code, as added by |
|
this Act, until the end of the first full state fiscal quarter after |
|
the effective date of this Act. |
|
SECTION 11.04. (a) In this section, "performance review" |
|
means a function performed by the Legislative Budget Board before |
|
the effective date of this Act under Section 322.015, 322.016, |
|
322.0165, 322.017, or 322.018, Government Code. |
|
(b) On the effective date of this Act, the following are |
|
transferred from the Legislative Budget Board to the State |
|
Accountability Office: |
|
(1) all employees whose primary duties involved |
|
performing or supporting the performance of performance reviews; |
|
(2) all records and equipment primarily used by the |
|
board in connection with performance reviews; and |
|
(3) all appropriations for the state fiscal biennium |
|
beginning September 1, 2009, made to or budgeted by the board |
|
specifically for performance reviews. |
|
(c) If the Legislative Budget Board does not receive |
|
appropriations specifically designated for performance review |
|
purposes for the state fiscal biennium beginning September 1, 2009, |
|
and has not specifically budgeted amounts for performance review |
|
purposes for that biennium, an amount equal to the amount of |
|
appropriations specifically designated for or budgeted by the |
|
Legislative Budget Board for performance review purposes for the |
|
state fiscal biennium beginning September 1, 2007, is transferred |
|
from appropriations made to the Legislative Budget Board for the |
|
state fiscal biennium beginning September 1, 2009, to the State |
|
Accountability Office for that biennium. |
|
SECTION 11.05. In the event of a conflict between a |
|
provision of this Act and another Act passed by the 81st |
|
Legislature, Regular Session, 2009, that becomes law, this Act |
|
prevails and controls regardless of the relative dates of |
|
enactment. |
|
SECTION 11.06. (a) The changes in law made by this Act do |
|
not affect the entitlement of a person who is a member of a board, |
|
commission, or council serving immediately before the effective |
|
date of this Act to continue to carry out the board's, commission's, |
|
or council's functions for the remainder of the member's term. |
|
(b) As soon as possible after the effective date of this |
|
Act, the lieutenant governor and speaker of the house of |
|
representatives shall appoint members in accordance with Sections |
|
321.002, 322.001, 323.001, and 324.004, Government Code, as amended |
|
by this Act, and Section 331.002, Government Code, as added by this |
|
Act. |
|
SECTION 11.07. 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. |