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A BILL TO BE ENTITLED
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AN ACT
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relating to transferring the Legislative Budget Board's |
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performance review duties to the comptroller. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 322.015, 322.016, 322.0165, 322.017, |
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and 322.018, Government Code, are transferred to Chapter 403, |
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Government Code, redesignated as Subchapter O, Chapter 403, |
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Government Code, and amended with the addition of a subchapter |
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heading to read as follows: |
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SUBCHAPTER O. PERFORMANCE REVIEWS |
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Sec. 403.351 [322.015]. REVIEW OF INTERSCHOLASTIC |
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COMPETITION. The comptroller [board] may periodically review and |
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analyze the effectiveness and efficiency of the policies, |
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management, fiscal affairs, and operations of an organization that |
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is a component or part of a state agency or institution and that |
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sanctions or conducts interscholastic competition. The |
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comptroller [board] shall report the findings to the governor and |
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the legislature. The legislature may consider the comptroller's |
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[board's] reports in connection with the legislative |
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appropriations process. |
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Sec. 403.352 [322.016]. PERFORMANCE REVIEW OF SCHOOL |
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DISTRICTS. (a) The comptroller [board] may periodically review |
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the effectiveness and efficiency of the operations of school |
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districts, including the district's expenditures for its officers' |
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and employees' travel services. A review of a school district may |
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be initiated by the comptroller [board] at the comptroller's [its] |
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discretion or on the request of the school district. A review may |
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be initiated by a school district only by resolution adopted by a |
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majority of the members of the board of trustees of the district. |
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(b) If a review is initiated on the request of the school |
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district, the district shall pay 25 percent of the cost incurred in |
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conducting the review. |
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(c) The comptroller [board] shall: |
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(1) prepare a report showing the results of each |
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review conducted under this section; |
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(2) file the report with the school district, the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, the chairs of the standing committees of the |
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senate and the house of representatives with jurisdiction over |
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public education, and the commissioner of education; and |
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(3) make the entire report and a summary of the report |
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available to the public on the Internet. |
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(d) Until the comptroller [board] has completed a review |
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under this section, all information, documentary or otherwise, |
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prepared or maintained in conducting the review or preparing the |
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review report, including intra-agency and interagency |
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communications and drafts of the review report or portions of those |
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drafts, is excepted from required public disclosure as audit |
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working papers under Section 552.116. This subsection does not |
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affect whether information described by this subsection is |
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confidential or excepted from required public disclosure under a |
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law other than Section 552.116. |
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Sec. 403.353 [322.0165]. PERFORMANCE REVIEW OF |
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INSTITUTIONS OF HIGHER EDUCATION. (a) In this section, "public |
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junior college" and "general academic teaching institution" have |
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the meanings assigned by Section 61.003, Education Code. |
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(b) The comptroller [board] may periodically review the |
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effectiveness and efficiency of the budgets and operations of: |
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(1) public junior colleges; and |
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(2) general academic teaching institutions. |
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(c) A review under this section may be initiated by the |
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comptroller [board] or at the request of: |
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(1) the governor; or |
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(2) the public junior college or general academic |
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teaching institution. |
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(d) A review may be initiated by a public junior college or |
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general academic teaching institution only at the request of the |
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president of the college or institution or by a resolution adopted |
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by a majority of the governing body of the college or institution. |
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(e) If a review is initiated by a public junior college or |
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general academic teaching institution, the college or institution |
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shall pay 25 percent of the cost incurred in conducting the review. |
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(f) The comptroller [board] shall: |
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(1) prepare a report showing the results of each |
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review conducted under this section; |
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(2) file the report with: |
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(A) the chief executive officer of the public |
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junior college or general academic teaching institution that is the |
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subject of the report; and |
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(B) the governor, the lieutenant governor, the |
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speaker of the house of representatives, the chairs of the standing |
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committees of the senate and of the house of representatives with |
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primary jurisdiction over higher education, and the commissioner of |
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higher education; and |
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(3) make the entire report and a summary of the report |
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available to the public on the Internet. |
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(g) Until the comptroller [board] has completed a review |
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under this section, all information, documentary or otherwise, |
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prepared or maintained in conducting the review or preparing the |
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review report, including intra-agency and interagency |
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communications and drafts of the review report or portions of those |
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drafts, is excepted from required public disclosure as audit |
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working papers under Section 552.116. This subsection does not |
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affect whether information described by this subsection is |
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confidential or excepted from required public disclosure under a |
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law other than Section 552.116. |
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Sec. 403.354 [322.017]. EFFICIENCY REVIEW OF STATE |
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AGENCIES. (a) In this section, "state agency" has the meaning |
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assigned by Section 2056.001. |
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(b) The comptroller [board] periodically may review and |
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analyze the effectiveness and efficiency of the policies, |
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management, fiscal affairs, and operations of state agencies. |
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(c) The comptroller [board] shall report the findings of the |
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review and analysis to the governor and the legislature. |
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(d) The legislature may consider the comptroller's |
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[board's] reports in connection with the legislative |
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appropriations process. |
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(e) Until the comptroller [board] has completed a review and |
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analysis under this section, all information, documentary or |
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otherwise, prepared or maintained in conducting the review and |
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analysis or preparing the review report, including intra-agency and |
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interagency communications and drafts of the review report or |
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portions of those drafts, is excepted from required public |
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disclosure as audit working papers under Section 552.116. This |
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subsection does not affect whether information described by this |
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subsection is confidential or excepted from required public |
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disclosure under a law other than Section 552.116. |
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Sec. 403.355 [322.018]. RECORDS MANAGEMENT REVIEW. |
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(a) In this section, "state agency" has the meaning assigned by |
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Section 2056.001. |
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(b) The comptroller [board] may periodically review and |
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analyze the effectiveness and efficiency of the policies and |
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management of a state governmental committee or state agency that |
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is involved in: |
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(1) analyzing and recommending improvements to the |
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state's system of records management; and |
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(2) preserving the essential records of this state, |
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including records relating to financial management information. |
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SECTION 2. (a) In this section, "performance review" means |
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a function performed by the Legislative Budget Board before the |
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effective date of this Act under Section 322.015, 322.016, |
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322.0165, 322.017, or 322.018, Government Code. |
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(b) On the effective date of this Act, the following are |
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transferred from the Legislative Budget Board to the comptroller of |
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public accounts: |
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(1) all employees whose primary duties involved |
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performing or supporting the performance of performance reviews; |
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(2) all records and equipment primarily used by the |
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board in connection with performance reviews; and |
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(3) all appropriations for the state fiscal biennium |
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beginning September 1, 2009, made to or budgeted by the board |
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specifically for performance reviews. |
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(c) If the Legislative Budget Board does not receive |
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appropriations specifically designated for performance review |
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purposes for the state fiscal biennium beginning September 1, 2009, |
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and has not specifically budgeted amounts for performance review |
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purposes for that biennium, an amount equal to the amount of |
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appropriations specifically designated for or budgeted by the |
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Legislative Budget Board for performance review purposes for the |
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state fiscal biennium beginning September 1, 2007, is transferred |
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from appropriations made to the Legislative Budget Board for the |
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state fiscal biennium beginning September 1, 2009, to the |
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comptroller of public accounts for that biennium. |
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SECTION 3. This Act takes effect September 1, 2009. |