81R3638 JRD-D
 
  By: Watson S.B. No. 739
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to transferring the Legislative Budget Board's
  performance review duties to the comptroller.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 322.015, 322.016, 322.0165, 322.017,
  and 322.018, Government Code, are transferred to Chapter 403,
  Government Code, redesignated as Subchapter O, Chapter 403,
  Government Code, and amended with the addition of a subchapter
  heading to read as follows:
  SUBCHAPTER O. PERFORMANCE REVIEWS
         Sec. 403.351 [322.015].  REVIEW OF INTERSCHOLASTIC
  COMPETITION. The comptroller [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
  comptroller [board] shall report the findings to the governor and
  the legislature. The legislature may consider the comptroller's
  [board's] reports in connection with the legislative
  appropriations process.
         Sec. 403.352  [322.016].  PERFORMANCE REVIEW OF SCHOOL
  DISTRICTS. (a)  The comptroller [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 comptroller [board] at the comptroller'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 comptroller [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 comptroller [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. 403.353  [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 comptroller [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
  comptroller [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 comptroller [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 comptroller [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. 403.354  [322.017].  EFFICIENCY REVIEW OF STATE
  AGENCIES. (a)  In this section, "state agency" has the meaning
  assigned by Section 2056.001.
         (b)  The comptroller [board] periodically may review and
  analyze the effectiveness and efficiency of the policies,
  management, fiscal affairs, and operations of state agencies.
         (c)  The comptroller [board] shall report the findings of the
  review and analysis to the governor and the legislature.
         (d)  The legislature may consider the comptroller's
  [board's] reports in connection with the legislative
  appropriations process.
         (e)  Until the comptroller [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. 403.355  [322.018].  RECORDS MANAGEMENT REVIEW.
  (a)  In this section, "state agency" has the meaning assigned by
  Section 2056.001.
         (b)  The comptroller [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.
         SECTION 2.  (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 comptroller of
  public accounts:
               (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
  comptroller of public accounts for that biennium.
         SECTION 3.  This Act takes effect September 1, 2009.