BILL ANALYSIS

H.B. 3997

By: Bonnen

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 employee payroll and related policies. Employee leave is functionally tied to payroll processing and since the comptroller administers the centralized accounting and payroll system, the state's leave policies and the comptroller's functions must align to ensure accuracy and administrative efficiency. Accordingly, H.B. 3997 seeks to transfer those interpretation functions from the state auditor 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. 3997 provides for the transfer of the following from the state auditor to the comptroller of public accounts not later than September 10, 2021:

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

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

The bill requires the state auditor and the comptroller, as soon as practicable after the bill's effective date but not later than September 10, 2021, to enter into a memorandum of understanding that identifies in detail the applicable powers and duties that are transferred and that establishes a plan for the identification and transfer of the records, property, and unspent appropriations.

H.B. 3997 amends the Government Code to make conforming changes.

EFFECTIVE DATE

September 1, 2021.