By: Shapiro, Carona, Birdwell S.B. No. 202

(In the Senate - Filed November 10, 2010; January 31, 2011, read first time and referred to Committee on Administration; April 4, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 4, Nays 0, 1 present not voting; April 4, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 202 By: Wentworth

A BILL TO BE ENTITLED

AN ACT

relating to achievement benchmarks in fiscal notes and to legislative review of those benchmarks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 314, Government Code, is amended by adding Section 314.006 to read as follows:

Sec. 314.006. PURPOSE STATEMENT AND BENCHMARKS; LEGISLATIVE REVIEW. (a) The Legislative Budget Board shall include in any fiscal note attached to a bill that authorizes or requires the expenditure or diversion of state funds:

(1) a statement of the purposes of the bill; and

(2) a set of reasonable benchmarks that provide a mechanism for measuring whether and to what degree the bill's purposes have been achieved.

(b) In preparing the statement and benchmarks under Subsection (a), the board shall coordinate with the primary author of the bill to determine the purposes of the bill and to set reasonable benchmarks. The board shall begin coordinating with the primary author of the bill immediately following the author's request for a hearing on the bill.

(c) Before the first day of the third regular legislative session after a bill subject to this section becomes law, the board shall evaluate whether the benchmarks required under Subsection (a) have been met and shall provide to the lieutenant governor, the speaker of the house of representatives, the Senate Finance Committee, and the House Appropriations Committee a report on the board's findings regarding each bill subject to review under this section.

(d) If the report submitted under Subsection (c) indicates that the board finds a benchmark has not been met, the Senate Finance Committee and the House Appropriations Committee shall review the statutes enacted or amended by the bill to determine whether:

(1) additional expenditure or diversion of state funds should be made to fund the purposes of the bill; or

(2) the statutes enacted or amended by the bill should be repealed or amended.

(e) Immediately after submitting the report under Subsection (c), the board shall provide notice to the primary author of a bill the benchmarks of which the board has determined have not been met that the statutes enacted or amended by the bill will be reviewed by the Senate Finance Committee and the House Appropriations Committee.

(f) The board shall implement this section from available funds that may be used for that purpose. The board shall reduce other programs to the extent necessary to implement this section without receiving additional appropriations for this purpose.

SECTION 2. This Act applies only to bills filed on or after September 1, 2011.

SECTION 3. This Act takes effect September 1, 2011.

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