By: Turner of Harris H.B. No. 4263
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Recovery Accountability and
Transparency Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 3, Government Code, is amended
by adding Chapter 327 to read as follows:
CHAPTER 327. TEXAS RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD
SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS
Sec. 327.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Recovery Accountability
and Transparency Board.
(2) "Recovery funds" means any funds distributed to
the State of Texas through the American Recovery and Reinvestment
Act of 2009 ("ARRA").
(3) "New jobs" means jobs created in excess of what
would have been created operating business as usual.
(4) "Distressed areas" means disaster-affected areas
as well as areas in persistent economic distress.
Sec. 327.002. SUNSET PROVISION. Unless continued in
existence by subsequent legislation, the board is abolished and
this chapter expires September 1, 2012.
Sec. 327.003. BOARD; COMPOSITION. (a) The Texas Recovery
Accountability and Transparency Board is created to provide
oversight on the expenditure of recovery funds and provide vital
information to the public on the expenditure of recovery funds.
(b) The board is composed of 11 members consisting of:
(1) four members appointed by the lieutenant governor,
consisting of:
(A) two members of the senate republican caucus;
and
(B) two members of the senate democratic caucus;
(2) four members appointed by the speaker of the house
of representatives, consisting of:
(A) two members of the house of representatives
republican caucus; and
(B) two members of the house of representatives
democratic caucus;
(3) two public members appointed by the governor; and
(4) the governor or the governor's designee.
SEC. 327.004. BOARD MEMBERS: ELIGIBILITY, VACANCY. (a) A
person appointed as a public member of the board must be a resident
of this state.
(b) Public members of the board must be persons who have
significant professional experience or persons who specialize in
issues relating to economic recovery and development of distressed
areas.
(c) The original appointing authority shall appoint a
replacement to fill any vacancy in an appointed position on the
board.
SUBCHAPTER B. POWERS AND DUTIES
SEC. 327.005. DUTIES; QUARTERLY REPORTS. (a) The board
shall:
(1) require each state agency that receives recovery
funds to submit a report at the end of each fiscal quarter. The
details of this report are set out in Section 327.006, Government
Code, as added by this Act.
(2) The board shall issue a report containing the
information described by Subsection (1) of this Section not later
than 30 days after receiving the reports described by that
Subsection. The board shall post the report on the Internet and
link it to the website described in Section 327.007, Government
Code, as added by this Act. In addition, the board shall provide a
paper copy of the report to the House Select Committee on Federal
Economic Stabilization Funding.
(3) The board may add additional performance measures
to those set out in Section 327.006, Government Code, as added by
this Act.
(4) The board may make recommendations concerning
interagency coordination, cross-cutting opportunities across
multiple units of government, and opportunities for public/private
partnerships for the use of recovery funds.
(5) The board shall adopt rules as necessary for its
own procedures.
(6) The board may appoint advisory committees to
advise the board.
SEC. 327.006. RECIPIENT AGENCY REPORTS; PERFORMANCE
MEASURES. (a) Beginning with the first full fiscal quarter after
the effective date of this Act, not later than 10 days after the end
of each fiscal quarter, each agency that receives recovery funds
from the State or a Federal agency shall submit a report to the
board that contains:
(1) the total amount of recovery funds received from
each source; and
(2) the amount of recovery funds received that were
expended or obligated to projects or activities; and
(3) a detailed list of all projects or activities for
which recovery funds were expended or obligated, including:
(A) the name of the project or activity;
(B) a description of the project or activity;
(C) an evaluation of the completion status of the
project or activity; and
(4) the level of performance of all recovery funds
expended or obligated on a list of specific performance measures,
including:
(A) the number of new jobs created in the state of
Texas;
(B) the number of new jobs created in small- and
medium-sized businesses;
(C) the estimated economic benefit for small- and
medium-sized businesses;
(D) the number of new jobs created in women- and
minority-owned businesses;
(E) the estimated economic benefit for women- and
minority-owned businesses;
(F) the number of new jobs created in distressed
areas;
(G) the estimated economic benefit in distressed
areas;
(H) the number of new jobs created at or above the
median hourly wage in Texas;
(I) the increase in jobs providing access to
employer-sponsored health insurance;
(J) any other performance measures promulgated
by the board pursuant to Subsection (a)(3), Section 327.005,
Government Code, as added by this Act; and
(5) an impact statement detailing any impact of
recovery funds expended or obligated on a number of energy
efficiency goals, including-
(A) the extent to which Texas electric utility
customers have increased access to renewable energy;
(B) reductions in Texas's carbon emissions
resulting from energy and transportation projects;
(C) the extent to which per capita electric usage
in Texas drops as a result of energy efficiency initiatives.
SEC. 327.007. WEBSITE. (a) The board shall establish a
comprehensive website that includes the reports required by
Subsection (a)(2), Section 327.005, Government Code, as added by
this Act.
SECTION 2. This act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. if this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.