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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications and duties of the chief financial |
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officer, the internal auditor, and legal counsel of the Texas |
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Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 201, Transportation Code, |
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is amended by adding Section 201.004 to read as follows: |
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Sec. 201.004. APPOINTING AUTHORITY; CONSIDERATION OF |
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OUTSIDE APPLICANTS. (a) An appointment under this chapter for |
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which the appointing authority is not specified shall be made by: |
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(1) the commission; or |
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(2) the commissioner of transportation if the |
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commission has been replaced by a single commissioner. |
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(b) In making an appointment under this chapter, the |
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appointing authority shall consider applicants from outside the |
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department. |
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SECTION 2. Subchapter C, Chapter 201, Transportation Code, |
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is amended by adding Sections 201.1075 and 201.1076 to read as |
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follows: |
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Sec. 201.1075. CHIEF FINANCIAL OFFICER. (a) A chief |
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financial officer shall be appointed for the department as provided |
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by Section 201.004. The chief financial officer must: |
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(1) have at least one master's or doctoral degree; and |
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(2) be a certified public accountant who is licensed |
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and in good standing in this state. |
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(b) The chief financial officer shall oversee the |
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department's financial activities, including: |
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(1) managing department debt; |
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(2) exploring new mechanisms to finance |
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transportation projects; |
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(3) budgeting for pass-through toll projects and |
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department contracts; and |
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(4) overseeing the project delivery office |
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established under Section 201.1076. |
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(c) The chief financial officer may contract with experts |
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and consultants to assist the department: |
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(1) in matters involving debt management, |
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comprehensive development agreements, regional mobility |
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authorities, toll roads, or public-private partnerships; and |
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(2) in exploring other mechanisms to finance |
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transportation projects. |
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(d) The chief financial officer shall ensure that the |
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department's financial activities are conducted in a transparent |
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and reliable manner. |
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Sec. 201.1076. PROJECT DELIVERY OFFICE. The chief |
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financial officer shall establish and oversee a project delivery |
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office within the department to coordinate the activities of other |
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department offices and personnel to accomplish the appointing |
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authority's financial objectives and fulfill the appointing |
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authority's financial reporting requirements. |
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SECTION 3. Section 201.108, Transportation Code, is amended |
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to read as follows: |
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Sec. 201.108. INTERNAL AUDITOR. (a) An [The commission
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shall appoint an] internal auditor shall be appointed for the |
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department as provided by Section 201.004. The auditor must: |
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(1) have at least one master's or doctoral degree; |
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(2) be a certified public accountant who is licensed |
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and in good standing in this state; |
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(3) be a certified internal auditor; and |
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(4) have demonstrated experience in preparing |
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financial statements and reports. |
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(b) The auditor shall: |
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(1) report directly to the appointing authority |
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[commission] on the conduct of department affairs; |
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(2) administer and oversee compliance functions of the |
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department; and |
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(3) facilitate preparation of financial statements or |
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reports required by law to be filed by the appointing authority. |
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SECTION 4. Section 201.401(b), Transportation Code, is |
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amended to read as follows: |
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(b) A person may not act as general, outside, or retained |
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counsel to the department if the person is required to register as a |
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lobbyist under Chapter 305, Government Code, because of the |
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person's activities for compensation on behalf of a profession |
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related to the operation of the department. A person who acts as |
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general counsel to the department must be licensed as an attorney in |
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this state. |
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SECTION 5. The changes in law made by this Act to Sections |
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201.108 and 201.401, Transportation Code, in the qualifications of |
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the internal auditor and the general counsel of the Texas |
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Department of Transportation do not affect the entitlement of |
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persons serving in those positions immediately before the effective |
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date of this Act to continue to carry out the positions' functions |
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for the remainder of the positions' term. The changes in law apply |
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only to an internal auditor or general counsel appointed on or after |
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the effective date of this Act. This Act does not prohibit a person |
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who is serving as the internal auditor or general counsel on the |
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effective date of this Act from being reappointed to that position |
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if the person has the qualifications required for the position |
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under Section 201.108 or 201.401, Transportation Code, as amended |
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by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |