| 1 | 1 | | 81R12137 JRD-D |
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| 2 | 2 | | By: Harper-Brown H.B. No. 3396 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring a state agency that is undergoing review by |
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| 8 | 8 | | the Sunset Advisory Commission to undergo a financial audit and |
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| 9 | 9 | | submit a zero-based budget in connection with the review. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 325.007, Government Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 325.007. AGENCY REPORT TO COMMISSION. (a) Before |
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| 14 | 14 | | September 1 of the odd-numbered year before the year in which a |
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| 15 | 15 | | state agency subject to this chapter is abolished, the agency shall |
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| 16 | 16 | | report to the commission: |
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| 17 | 17 | | (1) information regarding the application to the |
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| 18 | 18 | | agency of the criteria in Section 325.011; and |
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| 19 | 19 | | (2) any other information that the agency considers |
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| 20 | 20 | | appropriate or that is requested by the commission. |
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| 21 | 21 | | (b) Before November 1 of the odd-numbered year before the |
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| 22 | 22 | | year in which a state agency subject to this chapter is abolished, |
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| 23 | 23 | | the agency shall present to the commission a zero-based budget for |
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| 24 | 24 | | the state fiscal year that begins on the date the agency is |
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| 25 | 25 | | scheduled to be abolished that: |
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| 26 | 26 | | (1) justifies each activity performed by the agency |
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| 27 | 27 | | with reference to the agency's legal authority to perform the |
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| 28 | 28 | | activity; |
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| 29 | 29 | | (2) budgets the minimum amount for each activity that |
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| 30 | 30 | | the agency considers necessary to adequately comply with the duties |
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| 31 | 31 | | imposed by law on the agency; and |
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| 32 | 32 | | (3) includes any other information required by the |
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| 33 | 33 | | commission. |
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| 34 | 34 | | SECTION 2. Chapter 325, Government Code, is amended by |
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| 35 | 35 | | adding Section 325.0075 to read as follows: |
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| 36 | 36 | | Sec. 325.0075. FINANCIAL AUDIT. The state auditor shall |
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| 37 | 37 | | conduct a financial audit under Section 321.0131 of each state |
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| 38 | 38 | | agency scheduled to be abolished on a date certain if not continued |
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| 39 | 39 | | in accordance with this chapter. The state auditor shall conduct |
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| 40 | 40 | | the audit at a time so that the completed audit may be sent to the |
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| 41 | 41 | | commission on September 1 of the odd-numbered year before the year |
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| 42 | 42 | | the agency is scheduled to be abolished. |
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| 43 | 43 | | SECTION 3. The changes in law made by this Act apply in |
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| 44 | 44 | | relation to the review by the Sunset Advisory Commission of |
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| 45 | 45 | | agencies scheduled to be abolished on or after September 1, 2013, if |
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| 46 | 46 | | not continued in accordance with Chapter 325, Government Code, and |
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| 47 | 47 | | in relation to any other agencies that by law are reviewed during |
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| 48 | 48 | | those review periods by the Sunset Advisory Commission. |
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| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2009. |
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