86R13495 SLB-D

By: Schaefer H.B. No. 3119

A BILL TO BE ENTITLED

AN ACT

relating to strategic fiscal reviews of state agencies and programs.

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

SECTION 1. (a) In this section, "board" means the Legislative Budget Board.

(b) The board shall perform a strategic fiscal review for each state agency continued in existence by an Act of the 85th Legislature, Regular Session, 2017.

(c) Not later than September 1, 2020, the board shall prepare and submit a report of the findings of the strategic fiscal review conducted under Subsection (b) of this section to the governor, lieutenant governor, and speaker of the house of representatives and to the members of the senate finance and house appropriations committees.

(d) The strategic fiscal review report under Subsection (c) of this section must contain:

(1) a description of the discrete activities the state agency is charged with conducting or performing together with:

(A) a justification for each activity by reference to a statute or other legal authority; and

(B) an evaluation of the effectiveness and efficiency of the state agency's policies, management, fiscal affairs, and operations in relation to each activity;

(2) for each activity identified under Subdivision (1) of this subsection:

(A) a quantitative estimate of any adverse effects that reasonably may be expected to result if the activity were discontinued, together with a description of the methods by which the adverse effects were estimated;

(B) an itemized account of expenditures required to maintain the activity at the minimum level of service or performance required by the statute or other legal authority, together with a concise statement of the quantity and quality of service or performance required at that minimum level; and

(C) an itemized account of expenditures required to maintain the activity at the current level of service or performance, together with a concise statement of the quantity and quality of service or performance provided at that current level;

(3) a ranking of activities identified under Subdivision (1) of this subsection that illustrates the relative importance of each activity to the overall goals and purposes of the state agency at current service or performance levels; and

(4) recommendations to the legislature regarding whether the legislature should continue funding each activity identified under Subdivision (1) of this subsection and, if so, at what level.

(e) The legislature may consider the strategic fiscal review report conducted under this section in connection with the legislative appropriations process.

(f) Until the board has completed a strategic fiscal review under this section, all information, documentary or otherwise, prepared or maintained in conducting the strategic fiscal review or preparing the strategic fiscal review report, including intra-agency and interagency communications and drafts of the strategic fiscal review report, or portions of those drafts, is excepted from required public disclosure as audit working papers under Section 552.116, Government Code. This subsection does not affect whether information described by this subsection is confidential or excepted from required public disclosure under a law other than Section 552.116, Government Code.

(g) This section expires August 31, 2021.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.