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A BILL TO BE ENTITLED
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AN ACT
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relating to recovery audits of payments made by state agencies to |
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vendors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2115.002(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The comptroller may [shall] contract with one or more |
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consultants to conduct recovery audits of payments made by state |
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agencies to vendors. The audits must be designed to detect and |
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recover overpayments to the vendors and to recommend improved state |
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agency accounting operations. |
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(b) A contract under this section: |
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(1) may provide for reasonable compensation for |
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services provided under the contract, including compensation |
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determined by the application of a specified percentage of the |
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total amount recovered because of the consultant's audit activities |
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or recommendations as a fee for services; |
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(2) may permit or require the consultant to pursue a |
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judicial action in a court inside or outside this state to recover |
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an overpaid amount; and |
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(3) [to allow time for the performance of existing
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state payment auditing procedures,] may not allow a recovery audit |
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of a payment during the 180-day period after the date the payment |
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was made in order to allow time for the performance of existing |
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state payment auditing procedures. |
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SECTION 2. Section 2115.003, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The comptroller may [shall] require [that] recovery |
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audits [be performed] on the payments to vendors made by each state |
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agency that has total expenditures during a state fiscal biennium |
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in an amount that exceeds $50 [$100] million. A [Each] state agency |
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subject to required audits under [described by] this subsection |
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shall provide the recovery audit consultant with all information |
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necessary for the audit. |
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(a-1) The comptroller may determine the frequency of |
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recovery audits authorized by this section. |
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SECTION 3. Sections 2115.005(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) The comptroller shall provide the copies required by |
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Subsection (a) not later than the 15th [seventh] day after the date |
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the comptroller receives the consultant's report. |
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(c) Not later than February [January] 1 of each odd-numbered |
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year, the comptroller shall issue a report to the legislature |
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summarizing the activities conducted [contents of all reports
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received] under this chapter during the state fiscal biennium |
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ending August 31 of the previous year. |
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SECTION 4. This Act takes effect September 1, 2019. |