| |
| |
|
|
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. |