87R2938 JCG-F
 
  By: Bonnen H.B. No. 3997
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of certain functions relating to state
  employee leave from the state auditor to the comptroller.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 661.151, Government Code, is amended to
  read as follows:
         Sec. 661.151.  COMPTROLLER [STATE AUDITOR] INTERPRETATION.
  (a) The comptroller [state auditor] shall provide a uniform
  interpretation of this chapter [subchapter and Subchapters G and
  Z].
         (b)  The comptroller [state auditor] shall report to the
  governor and the legislature any state agency or institution of
  higher education that practices an exception under this chapter
  [exceptions to those laws].
         SECTION 2.  Section 661.202(j), Government Code, is amended
  to read as follows:
         (j)  A state agency shall maintain a written statement
  covering the policies and procedures for an extension of leave
  under Subsection (i) and shall make the statement available to all
  agency employees. The state agency shall provide a copy of the
  statement to the comptroller [state auditor] on request.
         SECTION 3.  Section 661.9041(c), Government Code, is amended
  to read as follows:
         (c)  The comptroller [state auditor] shall adopt guidelines
  to assist state agencies in determining the amount of emergency
  leave to grant to an employee under this section as differential
  pay.
         SECTION 4.  Section 661.923(c), Government Code, is amended
  to read as follows:
         (c)  Not later than the last day of each quarter of a state
  fiscal year, an agency shall submit a report to the comptroller's
  [state auditor's] office and the Legislative Budget Board that
  includes the name of each agency employee described by Subsection
  (a)(1) who has been granted 168 hours or more of leave under this
  section during that fiscal quarter. The report must include, for
  each employee, a brief statement as to the reason the employee
  remains on leave.
         SECTION 5.  (a) Not later than September 10, 2021, the
  following are transferred from the state auditor to the comptroller
  of public accounts:
               (1)  the powers and duties of the state auditor
  relating to leave for state employees under Chapter 661, Government
  Code; and
               (2)  all property and records in the custody of the
  state auditor that are related to a power or duty transferred under
  this subsection and all funds appropriated by the legislature for
  that power or duty.
         (b)  A rule, form, policy, procedure, or decision of the
  state auditor that is related to a power or duty described by
  Subsection (a) of this section continues in effect as a rule, form,
  policy, procedure, or decision of the comptroller of public
  accounts until superseded by an act of the comptroller of public
  accounts.
         (c)  A reference in law or administrative rule to the state
  auditor that relates to a power or duty transferred under
  Subsection (a) of this section means the comptroller of public
  accounts.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, but not later than September 10, 2021, the state
  auditor and the comptroller of public accounts shall enter into a
  memorandum of understanding that:
               (1)  identifies in detail the applicable powers and
  duties that are transferred by this Act; and
               (2)  establishes a plan for the identification and
  transfer of the records, property, and unspent appropriations of
  the state auditor that are used for purposes of the state auditor's
  powers and duties that are transferred by this Act.
         SECTION 7.  This Act takes effect September 1, 2021.