By: Turner of Harris H.B. No. 4263

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Texas Recovery Accountability and Transparency Board.

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

SECTION 1. Subtitle C, Title 3, Government Code, is amended by adding Chapter 327 to read as follows:

CHAPTER 327. TEXAS RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS

Sec. 327.001. DEFINITIONS. In this chapter:

(1) "Board" means the Texas Recovery Accountability and Transparency Board.

(2) "Recovery funds" means any funds distributed to the State of Texas through the American Recovery and Reinvestment Act of 2009 ("ARRA").

(3) "New jobs" means jobs created in excess of what would have been created operating business as usual.

(4) "Distressed areas" means disaster-affected areas as well as areas in persistent economic distress.

Sec. 327.002. SUNSET PROVISION. Unless continued in existence by subsequent legislation, the board is abolished and this chapter expires September 1, 2012.

Sec. 327.003. BOARD; COMPOSITION. (a) The Texas Recovery Accountability and Transparency Board is created to provide oversight on the expenditure of recovery funds and provide vital information to the public on the expenditure of recovery funds.

(b) The board is composed of 11 members consisting of:

(1) four members appointed by the lieutenant governor, consisting of:

(A) two members of the senate republican caucus; and

(B) two members of the senate democratic caucus;

(2) four members appointed by the speaker of the house of representatives, consisting of:

(A) two members of the house of representatives republican caucus; and

(B) two members of the house of representatives democratic caucus;

(3) two public members appointed by the governor; and

(4) the governor or the governor's designee.

SEC. 327.004. BOARD MEMBERS: ELIGIBILITY, VACANCY. (a) A person appointed as a public member of the board must be a resident of this state.

(b) Public members of the board must be persons who have significant professional experience or persons who specialize in issues relating to economic recovery and development of distressed areas.

(c) The original appointing authority shall appoint a replacement to fill any vacancy in an appointed position on the board.

SUBCHAPTER B. POWERS AND DUTIES

SEC. 327.005. DUTIES; QUARTERLY REPORTS. (a) The board shall:

(1) require each state agency that receives recovery funds to submit a report at the end of each fiscal quarter. The details of this report are set out in Section 327.006, Government Code, as added by this Act.

(2) The board shall issue a report containing the information described by Subsection (1) of this Section not later than 30 days after receiving the reports described by that Subsection. The board shall post the report on the Internet and link it to the website described in Section 327.007, Government Code, as added by this Act. In addition, the board shall provide a paper copy of the report to the House Select Committee on Federal Economic Stabilization Funding.

(3) The board may add additional performance measures to those set out in Section 327.006, Government Code, as added by this Act.

(4) The board may make recommendations concerning interagency coordination, cross-cutting opportunities across multiple units of government, and opportunities for public/private partnerships for the use of recovery funds.

(5) The board shall adopt rules as necessary for its own procedures.

(6) The board may appoint advisory committees to advise the board.

SEC. 327.006. RECIPIENT AGENCY REPORTS; PERFORMANCE MEASURES. (a) Beginning with the first full fiscal quarter after the effective date of this Act, not later than 10 days after the end of each fiscal quarter, each agency that receives recovery funds from the State or a Federal agency shall submit a report to the board that contains:

(1) the total amount of recovery funds received from each source; and

(2) the amount of recovery funds received that were expended or obligated to projects or activities; and

(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including:

(A) the name of the project or activity;

(B) a description of the project or activity;

(C) an evaluation of the completion status of the project or activity; and

(4) the level of performance of all recovery funds expended or obligated on a list of specific performance measures, including:

(A) the number of new jobs created in the state of Texas;

(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- and minority-owned businesses;

(E) the estimated economic benefit for women- 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 Texas;

(I) the increase in jobs providing access to employer-sponsored health insurance;

(J) any other performance measures promulgated by the board pursuant to Subsection (a)(3), Section 327.005, Government Code, as added by this Act; and

(5) an impact statement detailing any impact of recovery funds expended or obligated on a number of energy efficiency goals, including-

(A) the extent to which Texas electric utility customers have increased access to renewable energy;

(B) reductions in Texas's carbon emissions resulting from energy and transportation projects;

(C) the extent to which per capita electric usage in Texas drops as a result of energy efficiency initiatives.

SEC. 327.007. WEBSITE. (a) The board shall establish a comprehensive website that includes the reports required by Subsection (a)(2), Section 327.005, Government Code, as added by this Act.

SECTION 2. 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.