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A BILL TO BE ENTITLED
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AN ACT
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relating to the identification of programs and activities in the |
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general appropriations bill and the review of state agency |
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performance and rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 322.008, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The general appropriations bill must, for each state |
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agency or other entity to which an appropriation is proposed under |
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the bill: |
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(1) include a line item for each specific program or |
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activity administered by the agency or entity or by an |
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organizational unit of the agency or entity, arranged according to |
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the agency's, entity's, or unit's organizational structure, except |
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that if a specific program or activity administered by the agency, |
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entity, or unit includes identifiable components or subprograms, |
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the bill must include a line item for each of those components or |
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subprograms; |
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(2) specify the amount of the proposed appropriation |
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for each line item; and |
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(3) include, for each line item that represents a |
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specific program or activity or, if applicable, each group of line |
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items representing the components or subprograms of a specific |
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program or activity: |
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(A) a description of the program or activity and |
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a citation to the authorization in law for the program or activity; |
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and |
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(B) a statement regarding whether the source of |
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the proposed appropriation is nondedicated general revenue money, |
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dedicated general revenue money, federal money, or another source. |
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SECTION 2. Sections 325.008(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) Before January 1 of the year in which a state agency |
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subject to this chapter and its advisory committees are abolished, |
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the commission shall: |
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(1) review and take action necessary to verify the |
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reports submitted by the agency under Section 325.007; |
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(2) consult the Legislative Budget Board, the |
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Governor's Budget, Policy, and Planning Division, the State |
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Auditor, and the comptroller of public accounts, or their |
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successors, on the application to the agency of the criteria |
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provided in Section 325.011; |
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(3) have [conduct] a review of the agency based on the |
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criteria provided in Section 325.011 conducted by a private |
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performance auditor with whom the commission contracts under |
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Section 325.0081 and have the performance auditor prepare a written |
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report; and |
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(4) review the implementation of commission |
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recommendations contained in the reports presented to the |
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legislature during the preceding legislative session and the |
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resulting legislation. |
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(b) The written report prepared by the performance auditor |
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[commission] under Subsection (a)(3) is a public record. |
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SECTION 3. Chapter 325, Government Code, is amended by |
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adding Section 325.0081 to read as follows: |
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Sec. 325.0081. PERFORMANCE AUDITOR CONTRACT. The |
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commission shall contract with a person to perform the performance |
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audits required by this chapter. The contract must require the |
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auditor to conduct the performance audits as prescribed by this |
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chapter. |
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SECTION 4. Section 325.010(b), Government Code, is amended |
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to read as follows: |
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(b) In the report the commission shall include: |
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(1) the performance auditor's [its] findings regarding |
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the criteria prescribed by Section 325.011; |
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(2) its recommendations based on the matters |
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prescribed by Section 325.012; and |
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(3) other information the commission considers |
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necessary for a complete review of the agency. |
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SECTION 5. Section 325.011, Government Code, is amended to |
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read as follows: |
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Sec. 325.011. CRITERIA FOR REVIEW. The commission, [and] |
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its staff, and the performance auditor shall consider the following |
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criteria in determining whether a public need exists for the |
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continuation of a state agency or its advisory committees or for the |
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performance of the functions of the agency or its advisory |
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committees: |
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(1) the efficiency and effectiveness with which the |
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agency or the advisory committee operates; |
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(2)(A) an identification of the mission, goals, and |
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objectives intended for the agency or advisory committee and of the |
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problem or need that the agency or advisory committee was intended |
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to address; and |
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(B) the extent to which the mission, goals, and |
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objectives have been achieved and the problem or need has been |
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addressed; |
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(3)(A) an identification of any activities of the |
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agency in addition to those granted by statute and of the authority |
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for those activities; and |
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(B) the extent to which those activities are |
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needed; |
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(4) an assessment of authority of the agency relating |
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to fees, inspections, enforcement, and penalties; |
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(5) whether less restrictive or alternative methods of |
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performing any function that the agency performs could adequately |
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protect or provide service to the public; |
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(6) the extent to which the jurisdiction of the agency |
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and the programs administered by the agency overlap or duplicate |
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those of other agencies, the extent to which the agency coordinates |
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with those agencies, and the extent to which the programs |
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administered by the agency can be consolidated with the programs of |
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other state agencies; |
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(7) the promptness and effectiveness with which the |
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agency addresses complaints concerning entities or other persons |
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affected by the agency, including an assessment of the agency's |
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administrative hearings process; |
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(8) an assessment of the agency's rulemaking process |
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and the extent to which the agency has encouraged participation by |
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the public in making its rules and decisions and the extent to which |
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the public participation has resulted in rules that benefit the |
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public; |
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(9) the extent to which the agency has complied with: |
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(A) federal and state laws and applicable rules |
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regarding equality of employment opportunity and the rights and |
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privacy of individuals; and |
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(B) state law and applicable rules of any state |
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agency regarding purchasing guidelines and programs for |
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historically underutilized businesses; |
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(10) the extent to which the agency issues and |
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enforces rules relating to potential conflicts of interest of its |
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employees; |
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(11) the extent to which the agency complies with |
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Chapters 551 and 552 and follows records management practices that |
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enable the agency to respond efficiently to requests for public |
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information; |
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(12) the effect of federal intervention or loss of |
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federal funds if the agency is abolished; and |
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(13) the extent to which the purpose and effectiveness |
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of reporting requirements imposed on the agency justifies the |
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continuation of the requirement. |
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SECTION 6. Section 325.0127, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Each state agency reviewed under this chapter shall pay |
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the costs incurred by the commission in performing the review. The |
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commission shall determine the costs of the review, and the agency |
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shall pay the amount of those costs promptly on receipt of a |
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statement from the commission regarding those costs. Any reduction |
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in the state agency's operating expenses that result from |
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implementing the performance auditor's recommendations shall be |
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used to pay for the cost of the performance review. |
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SECTION 7. Sections 325.019(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) In carrying out its functions under this chapter, the |
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commission, [or] its designated staff member, the performance |
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auditor, or an employee of the performance auditor may attend any |
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meetings and proceedings of any state agency, including any meeting |
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or proceeding of the governing body of the agency that is closed to |
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the public, and may inspect the records, documents, and files of any |
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state agency, including any record, document, or file that is: |
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(1) attorney work product; |
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(2) an attorney-client communication; or |
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(3) made privileged or confidential by law. |
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(c) It is the intent of the legislature to allow the |
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commission, [and] its designated staff members, the performance |
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auditor, or an employee of the performance auditor to have access to |
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all meetings or proceedings of a state agency being reviewed by the |
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commission under this chapter and to all records, documents, and |
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files of that agency. To the extent that this section conflicts |
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with other law that purports to limit the commission's or auditor's |
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access to meetings or proceedings or to records, documents, and |
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files, this section controls. If federal law prohibits a state |
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agency from disclosing information in a record, document, or file |
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to the commission or auditor, including information in a record, |
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document, or file created as a result of or considered during a |
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meeting or proceeding, the state agency may redact the protected |
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information from the record, document, or file. |
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SECTION 8. Sections 325.0195(a), (b), (c), and (d), |
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Government Code, are amended to read as follows: |
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(a) A working paper, including all documentary or other |
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information, prepared or maintained by the commission staff or the |
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performance auditor in performing [its] duties under this chapter |
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or other law to conduct an evaluation and prepare a report is |
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excepted from the public disclosure requirements of Section |
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552.021. |
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(b) A record held by another entity that is considered to be |
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confidential by law and that the commission or the performance |
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auditor receives in connection with the performance of the |
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commission's or auditor's duties [functions] under this chapter or |
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another law remains confidential and is excepted from the public |
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disclosure requirements of Section 552.021. |
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(c) A state agency that provides the commission or the |
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performance auditor with access to a privileged or confidential |
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communication, record, document, or file under Section 325.019 for |
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purposes of a review under this chapter does not waive the |
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attorney-client privilege, or any other privilege or |
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confidentiality requirement protected or required by the Texas |
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Constitution, common law, statutory law, or rules of evidence, |
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procedure, or professional conduct, with respect to the |
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communication, record, document, or file provided to the commission |
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or auditor. For purposes of this subsection, a communication |
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includes a discussion that occurs at a meeting or proceeding of the |
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state agency that is closed to the public. |
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(d) The state agency may require the commission, [or] the |
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members of the commission's staff, the performance auditor, or the |
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employees of the performance auditor who view, handle, or are privy |
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to information, or who attend a meeting that is not accessible to |
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the public, to sign a confidentiality agreement that covers the |
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information and requires that: |
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(1) the information not be disclosed outside the |
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commission or the auditor's office for purposes other than the |
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purpose for which it was received; |
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(2) the information be labeled as confidential; |
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(3) the information be kept securely; and |
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(4) the number of copies made of the information or the |
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notes taken from the information that implicate the confidential |
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nature of the information be controlled, with all copies or notes |
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that are not destroyed or returned to the governmental body |
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remaining confidential and subject to the confidentiality |
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agreement. |
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SECTION 9. Chapter 325, Government Code, is amended by |
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adding Section 325.025 to read as follows: |
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Sec. 325.025. REVIEW OF RULES. (a) The commission, with the |
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assistance of the appropriate standing committee of each house of |
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the legislature, shall review each state agency's rules to |
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determine whether: |
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(1) the agency has authority to adopt the rule; |
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(2) the rule is necessary for the administration of |
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the agency's functions; and |
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(3) the rule should be repealed or, if applicable, the |
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agency should be given authority to adopt the rule. |
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(b) The commission shall prepare a report with the |
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commission's findings and recommendations and submit the report to |
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the legislature. |
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(c) The commission shall establish a schedule to ensure that |
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each state agency's rules are reviewed every six years. |
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SECTION 10. This Act takes effect September 1, 2015. |