By: Nelson, Hall  S.B. No. 68
         (In the Senate - Filed November 12, 2018; February 1, 2019,
  read first time and referred to Committee on Finance;
  March 18, 2019, reported favorably by the following vote:  Yeas 13,
  Nays 0; March 18, 2019, sent to printer.)
Click here to see the committee vote
 
 
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.  Chapter 322, Government Code, is amended by
  adding Section 322.0175 to read as follows:
         Sec. 322.0175.  STRATEGIC FISCAL REVIEW OF STATE AGENCIES
  AND PROGRAMS.  (a)  The board shall perform a strategic fiscal
  review for each state agency currently the subject of Sunset
  Advisory Commission review under Chapter 325 (Texas Sunset Act).
         (b)  The board shall prepare and submit a report of the
  findings of the strategic fiscal review by September 1 of the
  even-numbered year of the biennium during which the review is
  conducted to the governor, lieutenant governor, and speaker of the
  house of representatives and to the members of the senate finance
  and house appropriations committees.
         (c)  The strategic fiscal review report 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):
                     (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) 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) and, if so, at what level.
         (d)  The legislature may consider the strategic fiscal
  review reports in connection with the legislative appropriations
  process.
         (e)  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. 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.
         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.
 
  * * * * *