BILL ANALYSIS

H.B. 2469

By: Geren

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'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.

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 rulemaking authority is expressly granted to the comptroller of public accounts in SECTION 4 of this bill.

ANALYSIS

H.B. 2469 provides for the transfer of the following from the state auditor to the comptroller of public accounts not later than September 10, 2023:

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

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

The bill requires the state auditor and the comptroller to enter into a memorandum of understanding not later than September 10, 2023, that identifies in detail the applicable transferred powers and duties and establishes a plan for the identification and transfer of the records, property, and unspent appropriations that are used for purposes of those powers and duties. The bill establishes that a reference in law or administrative rule to the state auditor that relates to a transferred power or duty means the comptroller.

H.B. 2469 amends the Government Code to authorize the comptroller to adopt rules, procedures, and guidelines to administer certain specified state laws governing leave for state employees and to require the comptroller to report to the governor and the legislature any state agency or public institution of higher education that practices exceptions to those laws. The bill provides for the continuation of any rule, form, policy, procedure, or decision of the state auditor related to a transferred power or duty until superseded by an act of the comptroller.

H.B. 2469 repeals the following provisions of the Government Code:

· Section 661.038;

· Section 661.068;

· Section 661.094; and

· Section 661.151.

EFFECTIVE DATE

September 1, 2023.