BILL ANALYSIS

H.B. 4309

By: Zerwas

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, the state auditor is responsible for providing uniform interpretations of state employee leave policy while the comptroller of public accounts is responsible for administering the state’s payroll and related policies. It is noted, however, that employee leave is functionally tied to payroll processing, that the comptroller administers the centralized accounting and payroll/personnel system, and that the state’s leave policies and the comptroller's functions must necessarily align to ensure accuracy and administrative efficiency. H.B. 4309 seeks to maximize these efficiencies by transferring the powers and duties of the state auditor relating to leave for state employees to the comptroller.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4309 provides for the following to be transferred from the state auditor to the comptroller of public accounts not later than September 10, 2019:

· the powers and duties of the state auditor relating to leave for state employees; and

· all property and records in the state auditor's custody that are related to a transferred power or duty and all funds appropriated by the legislature for that power or duty.

H.B. 4309 requires the state auditor and the comptroller, not later than that date, to enter into a memorandum of understanding that identifies in detail the applicable transferred powers and duties and establishes a plan for the identification and transfer of the records, property, and unspent appropriations used for purposes of the transferred powers and duties.

H.B. 4309 establishes that a rule, form, policy, procedure, or decision of the state auditor that is related to a transferred power or duty continues in effect as a rule, form, policy, procedure, or decision of the comptroller until superseded by the comptroller and that a reference in law or administrative rule to the state auditor that relates to a transferred power or duty means the comptroller.

H.B. 4309 amends the Government Code to make conforming changes.

EFFECTIVE DATE

September 1, 2019.