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Texas House Bill HB4161

Texas 2009 - 81st Regular

Texas House Bill HB4161 Compare Versions

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11 81R11429 YDB-D
22 By: Rose H.B. No. 4161
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the office of inspector general and the
88 appointment of inspectors general at the Health and Human Services
99 Commission, Texas Youth Commission, Department of Public Safety of
1010 the State of Texas, Texas Education Agency, and Texas Department of
1111 Transportation; providing penalties.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Subtitle B, Title 4, Government Code, is amended
1414 by adding Chapter 422 to read as follows:
1515 CHAPTER 422. OFFICES OF INSPECTORS GENERAL
1616 SUBCHAPTER A. GENERAL PROVISIONS
1717 Sec. 422.001. SHORT TITLE. This chapter may be cited as the
1818 Texas Inspector General Act.
1919 Sec. 422.002. PURPOSE. The purpose of this chapter is to
2020 establish guidelines for the offices of inspectors general at
2121 certain state agencies.
2222 Sec. 422.003. DEFINITIONS. In this chapter:
2323 (1) "Agency" means a state agency subject to this
2424 chapter under Section 422.004.
2525 (2) "Inspector general" means the person appointed
2626 under this chapter to serve as inspector general for an agency.
2727 (3) "Office" means the office of inspector general
2828 established under this chapter.
2929 (4) "Review" includes an inspection, investigation,
3030 audit, or similar activity regarding any act or operation of an
3131 agency, a provider, if applicable, or a person in this state that is
3232 related to the investigation, detection, or prevention of fraud,
3333 waste, abuse, or employee misconduct in an agency program or state
3434 or federally funded program implemented, administered, or overseen
3535 by or for the agency.
3636 (5) "State funds" or "state money" includes federal
3737 funds or money received and appropriated by the state or for which
3838 the state has oversight responsibility.
3939 Sec. 422.004. APPLICABILITY. (a) This chapter applies
4040 only to the:
4141 (1) Health and Human Services Commission;
4242 (2) Texas Youth Commission;
4343 (3) Department of Public Safety of the State of Texas;
4444 (4) Texas Education Agency; and
4545 (5) Texas Department of Transportation.
4646 (b) A state agency may not establish an office of inspector
4747 general without specific legislative authorization.
4848 Sec. 422.005. REFERENCE IN OTHER LAW. Notwithstanding any
4949 other provision of law, a reference in law or rule to an agency's
5050 office of inspector general means the office of inspector general
5151 established under this chapter.
5252 [Sections 422.006-422.050 reserved for expansion]
5353 SUBCHAPTER B. OFFICE OF INSPECTOR GENERAL
5454 Sec. 422.051. ESTABLISHMENT OF OFFICE. (a) The office of
5555 inspector general is established as an agency of the state.
5656 (b) The office is governed by the inspector general for the
5757 office. The inspector general supervises the office staff and
5858 manages operations for the office.
5959 Sec. 422.052. INDEPENDENCE OF OFFICE. Except as otherwise
6060 provided by this chapter, the office, the inspector general for the
6161 office, and the inspector general for each agency operate
6262 independently of the agency.
6363 Sec. 422.053. ADMINISTRATIVE ATTACHMENT. The agency shall
6464 provide to the office administrative support services for the
6565 inspector general for the agency.
6666 Sec. 422.054. SERVICE LEVEL AGREEMENT. (a) The agency and
6767 the office shall enter into a service level agreement that
6868 establishes the performance standards and deliverables with regard
6969 to administrative support by the agency.
7070 (b) The service level agreement must be reviewed at least
7171 annually to ensure that services and deliverables are provided in
7272 accordance with the agreement.
7373 Sec. 422.055. DUTIES OF AGENCY. (a) The agency shall:
7474 (1) provide administrative assistance to the office;
7575 and
7676 (2) coordinate administrative responsibilities with
7777 the office to avoid unnecessary duplication of duties.
7878 (b) The agency may not take an action that affects or
7979 relates to the validity, status, or terms of an interagency
8080 agreement or a contract to which the office is a party without the
8181 office's approval.
8282 [Sections 422.056-422.100 reserved for expansion]
8383 SUBCHAPTER C. INSPECTOR GENERAL AND PERSONNEL
8484 Sec. 422.101. APPOINTMENT. (a) The governor with the
8585 advice and consent of the senate shall appoint an inspector general
8686 to serve as director of the office and appoint an inspector general
8787 for each agency to which this chapter applies.
8888 (b) Appointments shall be made without regard to race,
8989 color, disability, sex, religion, age, or national origin of the
9090 appointee.
9191 (c) In making the appointments, the governor shall consider
9292 the person's knowledge of laws, experience in the enforcement of
9393 law, education, training, and executive ability.
9494 Sec. 422.102. TERM. Each inspector general serves a
9595 two-year term that expires on February 1 of each odd-numbered year.
9696 Sec. 422.103. CONFLICT OF INTEREST. (a) An inspector
9797 general may not serve as an ex officio member on the governing body
9898 of a governmental entity.
9999 (b) An inspector general may not have a financial interest
100100 in the transactions of the office, the agency, or any of the
101101 office's or agency's contractors or providers.
102102 Sec. 422.104. PEACE OFFICERS. (a) The office may employ
103103 and commission peace officers to assist an inspector general in
104104 carrying out the duties of the office relating to the
105105 investigation, detection, and prevention of fraud, waste, and abuse
106106 in agency programs or in programs receiving state or federal funds
107107 that are implemented, administered, or overseen by or for a state
108108 agency.
109109 (b) A commissioned peace officer or otherwise designated
110110 law enforcement officer employed by the office is not entitled to
111111 supplemental benefits from the law enforcement and custodial
112112 officer supplemental retirement fund unless the officer transfers
113113 from a position, without a break in service, that qualifies for
114114 supplemental retirement benefits from the fund.
115115 Sec. 422.105. EMPLOYEES; TRAINING. (a) The inspector
116116 general for the office may employ personnel as necessary to
117117 implement the duties of the office.
118118 (b) The inspector general for the office shall train office
119119 personnel to pursue, efficiently and as necessary, fraud, waste,
120120 and abuse cases in state agency programs or other state or federally
121121 funded programs implemented, administered, or overseen by or for
122122 the agency.
123123 [Sections 422.106-422.150 reserved for expansion]
124124 SUBCHAPTER D. GENERAL POWERS AND DUTIES
125125 Sec. 422.151. GENERAL RESPONSIBILITIES. The office is
126126 responsible for:
127127 (1) the review of fraud, waste, and abuse in the
128128 provision or funding of services by or for the agency or under a
129129 program implemented, administered, or overseen by or for the
130130 agency;
131131 (2) the enforcement of state law and the protection of
132132 the public relating to the provision of those services; and
133133 (3) the prevention and detection of crime relating to
134134 the provision of those services.
135135 Sec. 422.152. RULEMAKING BY INSPECTOR GENERAL. (a)
136136 Notwithstanding Section 531.0055(e) and any other law, the
137137 inspector general for the office shall adopt the rules necessary to
138138 administer the functions of the office, including rules to address
139139 the imposition of sanctions and penalties for violations and due
140140 process requirements for imposing sanctions and penalties.
141141 (b) A rule, standard, or form of the agency that is
142142 necessary to accomplish the duties of the office is considered to
143143 also be a rule, standard, or form of the office and remains in
144144 effect as a rule, standard, or form of the office until changed by
145145 the inspector general.
146146 Sec. 422.153. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
147147 (a) The office shall develop and implement policies that provide
148148 the public a reasonable opportunity to appear before the office and
149149 to speak on any issue under the office's jurisdiction.
150150 (b) The office shall prepare information of public interest
151151 describing the functions of the office and the office's procedures
152152 by which complaints are filed with and resolved by the office. The
153153 office shall make the information available to the public and
154154 appropriate state agencies.
155155 (c) The office shall keep an information file about each
156156 complaint filed with the office relating to a state agency or entity
157157 receiving state or federal money and falling under the
158158 investigatory jurisdiction of the office.
159159 [Sections 422.154-422.200 reserved for expansion]
160160 SUBCHAPTER E. REVIEWS, INVESTIGATIONS, AND AUDITS
161161 Sec. 422.201. REVIEW, INVESTIGATION, AND AUDIT AUTHORITY.
162162 (a) An inspector general may review any activity or operation of
163163 the agency or a person in this state that is related to the
164164 investigation, detection, or prevention of fraud, waste, abuse, or
165165 employee misconduct in an agency program or state or federally
166166 funded program implemented, administered, or overseen by or for the
167167 agency.
168168 (b) The office shall conduct reviews and inspections to
169169 protect the public and detect and prevent fraud, waste, and abuse in
170170 the provision or funding of services or programs described by
171171 Subsection (a).
172172 (c) The office shall conduct internal affairs
173173 investigations in instances of suspected fraud, waste, and abuse
174174 and in instances of suspected misconduct by employees, contractors,
175175 subcontractors, and vendors.
176176 (d) A state agency or the governing body or governing
177177 officer of a state agency may not impair, prohibit, or attempt to
178178 influence the inspector general in initiating, conducting, or
179179 completing a review.
180180 (e) An inspector general may conduct reviews, including
181181 financial or performance audits regarding the use and effectiveness
182182 of state or federal funds, including contract and grant funds,
183183 administered by a person or state agency receiving the funds in
184184 connection with an agency or state or federally funded program
185185 implemented, administered, or overseen by or for the agency.
186186 Sec. 422.202. INITIATION OF REVIEW. An inspector general
187187 may initiate a review:
188188 (1) on the inspector general's own initiative;
189189 (2) at the request of the agency or the governing body
190190 or governing officer of the agency; or
191191 (3) based on a complaint from any source concerning a
192192 matter described by Section 422.201.
193193 Sec. 422.203. ACCESS TO INFORMATION. To further a review
194194 conducted by the office, an inspector general is entitled to access
195195 all books, records, accounts, documents, reports, vouchers,
196196 databases, systems, or other information, including confidential
197197 information, electronic data, and internal records relevant to the
198198 functions of the office that are maintained by or for a person,
199199 state agency, or provider, if applicable, in connection with an
200200 agency or a state or federally funded program implemented,
201201 administered, or overseen by or for the agency.
202202 Sec. 422.204. COOPERATION REQUIRED. To further a review
203203 conducted by an inspector general, the inspector general is
204204 entitled to full and unrestricted access to all offices, limited
205205 access or restricted areas, employees, equipment, and computers,
206206 including areas, equipment, and computers that contain
207207 confidential information and internal records, relevant to the
208208 functions of the office that are maintained by or for a person,
209209 agency, or provider, if applicable, in connection with an agency or
210210 a state or federally funded program implemented, administered, or
211211 overseen by or for the agency.
212212 Sec. 422.205. SUBPOENAS. (a) An inspector general may
213213 issue a subpoena to compel the attendance of a relevant witness or
214214 the production, for inspection or copying, of relevant evidence in
215215 connection with a review conducted under this subchapter.
216216 (b) A subpoena may be served personally or by certified
217217 mail.
218218 (c) If a person fails to comply with a subpoena, the
219219 inspector general, acting through the attorney general, may file
220220 suit to enforce the subpoena in a district court in this state.
221221 (d) On finding that good cause exists for issuing the
222222 subpoena, the court shall order the person to comply with the
223223 subpoena. The court may hold in contempt a person who fails to obey
224224 the court order.
225225 (e) The reimbursement of the expenses of a witness whose
226226 attendance is compelled under this section is governed by Section
227227 2001.103.
228228 Sec. 422.206. COOPERATION WITH LAW ENFORCEMENT OFFICIALS
229229 AND OTHER ENTITIES. (a) An inspector general may provide
230230 information and evidence relating to criminal acts to the state
231231 auditor's office and appropriate law enforcement officials.
232232 (b) An inspector general may refer matters for further
233233 civil, criminal, and administrative action to appropriate
234234 administrative and prosecutorial agencies, including the attorney
235235 general.
236236 (c) An inspector general may enter into a memorandum of
237237 understanding with a law enforcement or prosecutorial agency,
238238 including the office of the attorney general, to assist in
239239 conducting a review under this subchapter.
240240 Sec. 422.207. COOPERATION AND COORDINATION WITH STATE
241241 AUDITOR. (a) The state auditor may, on request of an inspector
242242 general, provide appropriate information or other assistance to an
243243 inspector general or the office, as determined by the state
244244 auditor.
245245 (b) An inspector general may meet with the state auditor's
246246 office to coordinate a review conducted under this subchapter,
247247 share information, or schedule work plans.
248248 (c) The state auditor is entitled to access all information
249249 maintained by an inspector general, including vouchers, electronic
250250 data, internal records, and information obtained under Section
251251 422.203 or subject to Section 422.254.
252252 (d) Any information obtained or provided by the state
253253 auditor under this section is confidential and not subject to
254254 disclosure under Chapter 552.
255255 [Sections 422.208-422.250 reserved for expansion]
256256 SUBCHAPTER F. REPORTS
257257 Sec. 422.251. PERIODIC REPORTING TO STATE AUDITOR AND
258258 AGENCY REQUIRED. An inspector general shall timely inform the
259259 state auditor and the agency director of the initiation of a review
260260 of an agency program and the ongoing status of each review.
261261 Sec. 422.252. REPORTING OFFICE FINDINGS. An inspector
262262 general shall report the findings for any review conducted under
263263 Subchapter E to:
264264 (1) the governing body or governing officer of the
265265 agency, as applicable;
266266 (2) the governor;
267267 (3) the lieutenant governor;
268268 (4) the speaker of the house of representatives;
269269 (5) the state auditor's office; and
270270 (6) appropriate law enforcement and prosecutorial
271271 agencies, including the office of the attorney general, if the
272272 findings suggest the probability of criminal conduct.
273273 Sec. 422.253. FLAGRANT VIOLATIONS; IMMEDIATE REPORT. An
274274 inspector general shall immediately report to the governing body or
275275 governing officer of the agency, as applicable, the governor's
276276 general counsel, and the state auditor a problem the inspector
277277 general determines is particularly serious or flagrant relating to
278278 the administration of a program, operation of a state agency, or
279279 interference with an inspector general review.
280280 Sec. 422.254. INFORMATION CONFIDENTIAL. (a) Except as
281281 provided by this section and Sections 422.251, 422.252, 531.103,
282282 and 531.1031, all information and material compiled or maintained
283283 by an inspector general during a review under this chapter is:
284284 (1) confidential and not subject to disclosure under
285285 Chapter 552; and
286286 (2) not subject to disclosure, discovery, subpoena, or
287287 other means of legal compulsion for release to anyone other than the
288288 state auditor's office, the agency, or the office or its agents
289289 involved in the review related to that information or material.
290290 (b) As an inspector general determines appropriate based on
291291 evidence sufficient to support an allegation, information relating
292292 to a review may be disclosed to:
293293 (1) a law enforcement agency;
294294 (2) the attorney general's office;
295295 (3) the state auditor's office; or
296296 (4) the agency.
297297 (c) A person that receives information under Subsection (b)
298298 may not disclose the information except to the extent that
299299 disclosure is consistent with the authorized purpose for which the
300300 person first obtained the information.
301301 Sec. 422.255. COSTS. (a) An inspector general shall
302302 maintain information regarding the cost of reviews.
303303 (b) The inspector general may cooperate with appropriate
304304 administrative and prosecutorial agencies, including the office of
305305 the attorney general, in recovering costs incurred under this
306306 chapter from nongovernmental entities, including contractors or
307307 individuals involved in:
308308 (1) violations of applicable state or federal rules or
309309 statutes;
310310 (2) abusive or wilful misconduct; or
311311 (3) violations of a provider contract or program
312312 policy.
313313 (c) The office of the attorney general, in all criminal
314314 prosecutions under this chapter, shall request that the court order
315315 restitution to be made to the appropriate agency as a condition of
316316 probation or parole.
317317 [Sections 422.256-422.300 reserved for expansion]
318318 SUBCHAPTER G. PENALTIES
319319 Sec. 422.301. ADMINISTRATIVE OR CIVIL PENALTY; INJUNCTION.
320320 (a) The office may:
321321 (1) act for a state agency in the assessment by the
322322 office of administrative or civil penalties the agency is
323323 authorized to assess under applicable law; and
324324 (2) request that the attorney general obtain an
325325 injunction to prevent a person from disposing of an asset
326326 identified by the office as potentially subject to recovery by the
327327 office due to the person's fraud, waste, or abuse.
328328 (b) If the office imposes an administrative or civil penalty
329329 under Subsection (a) for an agency:
330330 (1) the agency may not impose an administrative or
331331 civil penalty against the same person for the same violation; and
332332 (2) the office shall impose the penalty under
333333 applicable rules of the office, this chapter, and applicable laws,
334334 including laws governing the imposition of a penalty by the agency.
335335 SECTION 2. Article 2.12, Code of Criminal Procedure, is
336336 amended to read as follows:
337337 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
338338 officers:
339339 (1) sheriffs, their deputies, and those reserve
340340 deputies who hold a permanent peace officer license issued under
341341 Chapter 1701, Occupations Code;
342342 (2) constables, deputy constables, and those reserve
343343 deputy constables who hold a permanent peace officer license issued
344344 under Chapter 1701, Occupations Code;
345345 (3) marshals or police officers of an incorporated
346346 city, town, or village, and those reserve municipal police officers
347347 who hold a permanent peace officer license issued under Chapter
348348 1701, Occupations Code;
349349 (4) rangers and officers commissioned by the Public
350350 Safety Commission and the Director of the Department of Public
351351 Safety;
352352 (5) investigators of the district attorneys', criminal
353353 district attorneys', and county attorneys' offices;
354354 (6) law enforcement agents of the Texas Alcoholic
355355 Beverage Commission;
356356 (7) each member of an arson investigating unit
357357 commissioned by a city, a county, or the state;
358358 (8) officers commissioned under Section 37.081,
359359 Education Code, or Subchapter E, Chapter 51, Education Code;
360360 (9) officers commissioned by the General Services
361361 Commission;
362362 (10) law enforcement officers commissioned by the
363363 Parks and Wildlife Commission;
364364 (11) airport police officers commissioned by a city
365365 with a population of more than 1.18 million that operates an airport
366366 that serves commercial air carriers;
367367 (12) airport security personnel commissioned as peace
368368 officers by the governing body of any political subdivision of this
369369 state, other than a city described by Subdivision (11), that
370370 operates an airport that serves commercial air carriers;
371371 (13) municipal park and recreational patrolmen and
372372 security officers;
373373 (14) security officers and investigators commissioned
374374 as peace officers by the comptroller;
375375 (15) officers commissioned by a water control and
376376 improvement district under Section 49.216, Water Code;
377377 (16) officers commissioned by a board of trustees
378378 under Chapter 54, Transportation Code;
379379 (17) investigators commissioned by the Texas Medical
380380 Board;
381381 (18) officers commissioned by the board of managers of
382382 the Dallas County Hospital District, the Tarrant County Hospital
383383 District, or the Bexar County Hospital District under Section
384384 281.057, Health and Safety Code;
385385 (19) county park rangers commissioned under
386386 Subchapter E, Chapter 351, Local Government Code;
387387 (20) investigators employed by the Texas Racing
388388 Commission;
389389 (21) officers commissioned under Chapter 554,
390390 Occupations Code;
391391 (22) officers commissioned by the governing body of a
392392 metropolitan rapid transit authority under Section 451.108,
393393 Transportation Code, or by a regional transportation authority
394394 under Section 452.110, Transportation Code;
395395 (23) investigators commissioned by the attorney
396396 general under Section 402.009, Government Code;
397397 (24) security officers and investigators commissioned
398398 as peace officers under Chapter 466, Government Code;
399399 (25) an officer employed by the Department of State
400400 Health Services under Section 431.2471, Health and Safety Code;
401401 (26) officers appointed by an appellate court under
402402 Subchapter F, Chapter 53, Government Code;
403403 (27) officers commissioned by the state fire marshal
404404 under Chapter 417, Government Code;
405405 (28) an investigator commissioned by the commissioner
406406 of insurance under Section 701.104, Insurance Code;
407407 (29) apprehension specialists [and inspectors
408408 general] commissioned by the Texas Youth Commission as officers
409409 under Section [Sections 61.0451 and] 61.0931, Human Resources Code;
410410 (30) officers appointed by the inspector general of
411411 the Texas Department of Criminal Justice under Section 493.019,
412412 Government Code;
413413 (31) investigators commissioned by the Commission on
414414 Law Enforcement Officer Standards and Education under Section
415415 1701.160, Occupations Code;
416416 (32) commission investigators commissioned by the
417417 Texas Private Security Board under Section 1702.061(f),
418418 Occupations Code;
419419 (33) the fire marshal and any officers, inspectors, or
420420 investigators commissioned by an emergency services district under
421421 Chapter 775, Health and Safety Code;
422422 (34) officers commissioned by the State Board of
423423 Dental Examiners under Section 254.013, Occupations Code, subject
424424 to the limitations imposed by that section; [and]
425425 (35) investigators commissioned by the Texas Juvenile
426426 Probation Commission as officers under Section 141.055, Human
427427 Resources Code; and
428428 (36) officers commissioned by the office of inspector
429429 general established under Chapter 422, Government Code.
430430 SECTION 3. (a) A person serving on the effective date of
431431 this Act as inspector general for a state agency subject to Chapter
432432 422, Government Code, as added by this Act, shall continue to serve
433433 as the inspector general for the agency under Chapter 422,
434434 Government Code, as added by this Act, until February 1, 2011, and
435435 may be reappointed under Chapter 422 if the person has the
436436 qualifications required under that chapter.
437437 (b) Not later than February 1, 2011, and except as provided
438438 by Subsection (a) of this section, the governor shall appoint the
439439 inspector general for the office of inspector general and an
440440 inspector general for each state agency subject to Chapter 422,
441441 Government Code, as added by this Act, to a term expiring February
442442 1, 2013.
443443 SECTION 4. A contract or proceeding primarily related to a
444444 function transferred to the office of inspector general established
445445 under this Act is transferred to the office. The transfer does not
446446 affect the status of a proceeding or the validity of a contract.
447447 SECTION 5. (a) All personnel and assets currently assigned
448448 to the inspector general of a state agency subject to Chapter 422,
449449 Government Code, as added by this Act, shall be promptly
450450 transferred to the office of inspector general for that agency
451451 established under Chapter 422 along with any equipment, documents,
452452 and records currently assigned to or used by the inspector general
453453 of that agency. Inventory of personnel, equipment, documents,
454454 records, and assets to be transferred under this section shall be
455455 accomplished jointly by the transferring agency and the inspector
456456 general considered appointed under Chapter 422 for that agency.
457457 All funds previously appropriated or used, from any source, by the
458458 transferring agency in support of the transferred functions,
459459 personnel, equipment, documents, records, or assets shall also be
460460 contemporaneously transferred to the office.
461461 (b) For purposes of this section, "currently assigned"
462462 means:
463463 (1) all personnel and vacant full-time equivalent
464464 positions assigned to or supporting a transferred function at any
465465 time during the state fiscal biennium beginning September 1, 2007;
466466 and
467467 (2) all inventory and equipment assigned to a
468468 transferred function or transferring personnel or that was in the
469469 possession of transferring personnel on or at any time after
470470 October 31, 2008.
471471 (c) All state and federal funding, including funding for
472472 overhead costs, support costs, and lease or colocation lease costs,
473473 for the functions to be transferred to an office of inspector
474474 general established under Chapter 422, Government Code, as added by
475475 this Act, shall be reallocated to that office.
476476 (d) For purposes of federal single state agency funding
477477 requirements, any federal funds that may not be appropriated
478478 directly to the office of inspector general for an agency subject to
479479 Chapter 422, Government Code, as added by this Act, shall be
480480 transferred from the single state agency receiving the funds to the
481481 office of inspector general if the funds are intended for a function
482482 performed by the office.
483483 SECTION 6. On the effective date of this Act:
484484 (1) all functions, activities, employees, rules,
485485 forms, money, property, contracts, memorandums of understanding,
486486 records, and obligations of a previously established office of
487487 inspector general of an agency subject to Chapter 422, Government
488488 Code, as added by this Act, become functions, activities,
489489 employees, rules, forms, money, property, contracts, memorandums
490490 of understanding, records, and obligations of the office of
491491 inspector general established under Chapter 422, without a change
492492 in status; and
493493 (2) all money appropriated for the operations of a
494494 previously established office of inspector general at an agency
495495 subject to Chapter 422, Government Code, as added by this Act,
496496 including money for providing administrative support, is
497497 considered appropriated to the office of inspector general
498498 established under Chapter 422.
499499 SECTION 7. (a) Each agency subject to Chapter 422,
500500 Government Code, as added by this Act, shall take all action
501501 necessary to provide for the orderly transfer of the assets and
502502 responsibilities of any previously established office of inspector
503503 general for that agency to the office of inspector general
504504 established under Chapter 422.
505505 (b) A rule or form adopted by a previously established
506506 office of inspector general of an agency subject to Chapter 422,
507507 Government Code, as added by this Act, is a rule or form of the
508508 office of inspector general established under Chapter 422 and
509509 remains in effect until changed by the office of inspector general.
510510 (c) A reference in law or administrative rule to a
511511 previously established office of inspector general of an agency
512512 subject to Chapter 422, Government Code, as added by this Act, means
513513 the office of inspector general established under Chapter 422.
514514 SECTION 8. If before implementing any provision of this Act
515515 a state agency determines that a waiver or authorization from a
516516 federal agency is necessary for implementation of that provision,
517517 the agency affected by the provision shall request the waiver or
518518 authorization and may delay implementing that provision until the
519519 waiver or authorization is granted.
520520 SECTION 9. This Act takes effect immediately if it receives
521521 a vote of two-thirds of all the members elected to each house, as
522522 provided by Section 39, Article III, Texas Constitution. If this
523523 Act does not receive the vote necessary for immediate effect, this
524524 Act takes effect September 1, 2009.