BILL ANALYSIS

Senate Research Center	H.B. 2469
88R8349 JCG-F	By: Geren (Hancock)
	Business & Commerce
	5/2/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

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's payroll and related policies. Administrative challenges have arisen when aligning the leave policies for state employees with the functionality of the Centralized Accounting and Payroll/Personnel System due to differences in how the agencies interpret and implement those policies. H.B. 2469 seeks to streamline the leave policy interpretation and implementation process by transferring the powers and duties of the state auditor relating to state employee leave to the comptroller.

H.B. 2469 amends current law relating to the administration of certain functions relating to state employee leave.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Comptroller of Public Accounts of the State of Texas in SECTION 4 (Section 661.951, Government Code) of this bill.

Rulemaking authority previously granted to the Comptroller of Public Accounts of the State of Texas is rescinded in SECTION 5 (Sections 661.038, 661.068, and 661.094) of this bill.

Rulemaking authority previously granted to the Texas State Auditor is transferred to the Comptroller of Public Accounts of the State of Texas in SECTION 6 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 661.202(j), Government Code, to require a state agency to provide a copy of the statement of a written statement covering the policies and procedures for an extension of leave to the Comptroller of Public Accounts of the State of Texas (comptroller), rather than the state auditor (SAO), on request.

SECTION 2. Amends Section 661.9041(c), Government Code, to require the comptroller, rather than SAO, to adopt guidelines to assist state agencies in determining the amount of emergency leave to grant to an employee under Section 661.9041 (Differential Pay) as differential pay.

SECTION 3. Amends Section 661.923(c), Government Code, to require an agency, not later than the last day of each quarter of a state fiscal year, to submit a report to the comptroller, rather than to SAO, and the Legislative Budget Board that includes the name of each agency employee described by a certain subsection who has been granted 168 hours or more of leave under Section 661.923 (Leave During Agency Investigation) during that fiscal quarter.

SECTION 4. Amends Chapter 661, Government Code, by adding Subchapter AA, as follows:

SUBCHAPTER AA. COMPTROLLER RULES AND REPORTS ON CERTAIN LEAVE PROVISIONS FOR STATE EMPLOYEES

Sec. 661.951. RULES. Authorizes the comptroller to adopt rules, procedures, and guidelines to administer certain subchapters.

Sec. 661.952. REPORT ON EXCEPTIONS. Requires the comptroller to report to the governor and the legislature any state agency or institution of higher education that practices exceptions to the laws described by Section 661.951.

SECTION 5. Repealers: Sections 661.038 (Rules) and 661.068 (Rules), Government Code.

Repealers: Sections 661.094 (Rules) and 661.151 (State Auditor Interpretation), Government Code.

SECTION 6. (a) Provides that, not later than September 10, 2023, the following are transferred from SAO to the comptroller:

(1) the powers and duties of the state auditor relating to leave for state employees under Chapter 661 (Leave), 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) Provides that a rule, form, policy, procedure, or decision of SAO 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 until superseded by an act of the comptroller.

(c) Provides that 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 7. Requires SAO and the comptroller, as soon as practicable after the effective date of this Act, but not later than September 10, 2023, to 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 SOA that are used for purposes of SOA's powers and duties that are transferred by this Act.

SECTION 8. Effective date: September 1, 2023.