Honorable Burt R. Solomons, Chair, House Committee on State Affairs
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB4307 by Crownover (Relating to the creation of the office of inspector within the State Auditor's Office and the appointment of deputy inspectors general at the Health and Human Services Commission, Texas Youth Commission, Texas Department of Criminal Justice, Texas Education Agency, and Texas Department of Transportation; providing penalties.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would create the Office of Inspector General to be a division ("Division") of the State Auditor’s Office, with its principal office and headquarters in Austin. The bill would apply to the Health and Human Services Commission (HHSC), the Texas Youth Commission (TYC), the Texas Department of Criminal Justice (TDCJ), the Texas Education Agency (TEA), the Texas Department of Transportation (TX DOT), health and human services agencies as defined by Section 531.001 for purposes of review and regulatory authority, and any state agency that receives federal stimulus money.
The bill would provide that a state agency may not establish an office of inspector general without specific legislative authorization and that this bill applies only to the agencies listed above. The Inspector General, in turn, will designate Deputy Inspector Generals to serve at each agency listed above.
The Division would be permitted to employ and commission peace officers to assist the Inspector General in carrying out the duties of the division relating to detection, investigation, and prevention of fraud, waste, and abuse in programs at an agency covered by the bill or programs receiving state or federal funds that are overseen by or for the agency. The Inspector General would be permitted to employ other personnel as necessary to implement the duties of the division.
The Act would become effective immediately if it receives the vote of two-thirds of all members elected to each house. Otherwise, the bill would take effect September 1, 2009.
The following agencies would transfer appropriations and FTEs to the Office of the Inspector General of the State Auditor's Office: 1. The Health and Human Services Commission -- $19.9 million in General Revenue; $13.4 million in Other Funds; $28.0 million in Federal Funds; and 659 FTEs. 2. The Texas Youth Commission -- $2,260,025 out of the General Revenue Fund and 40 FTEs. 3. The Texas Department of Criminal Justice -- $2.5 million in General Revenue Funds and 37 FTEs (related to investigations of waste, fraud and abuse). 4. The Texas Department of Transportation did not provide an estimate of the funds currently budgeted for an Office of Inspector General. 5. The Texas Education Agency does not currently have an Office of Inspector General, therefore no funds would be available for transfer. It is assumed that the State Auditor would assign deputy inspector generals and support staff to the agencies and therefore no additional appropriations would be necessary. Any potential revenue impact from expanded enforcement and investigation has not been estimated by the affected agencies and is not included in this estimate.
The OAG anticipates any legal work resulting from the passage of this bill could be reasonably absorbed with current resources.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies:
302 Office of the Attorney General, 308 State Auditor's Office, 529 Health and Human Services Commission, 601 Department of Transportation, 694 Youth Commission, 696 Department of Criminal Justice, 701 Central Education Agency