81R2294 JTS-F
By: Madden H.B. No. 561
A BILL TO BE ENTITLED
AN ACT
relating to the authority of county auditors with respect to
computer software and data of other local officers or departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 112, Local Government
Code, is amended by adding Section 112.011 to read as follows:
Sec. 112.011. INFORMATION TECHNOLOGY AND SOFTWARE
PROGRAMS; LIMITATION ON AUDITOR AUTHORITY. In exercising authority
granted under this subchapter, a county auditor in a county with a
population of 190,000 or more may not mandate the use of information
technology components or software programs used by county
departments, district clerks, district attorneys, county officers,
or precinct officers.
SECTION 2. Section 115.001, Local Government Code, is
amended to read as follows:
Sec. 115.001. EXAMINATION OF RECORDS. (a) The county
auditor shall [have continual access to and shall] examine and
investigate the correctness of:
(1) the books, accounts, reports, vouchers, and other
financial records of any officer;
(2) the orders of the commissioners court relating to
county finances; and
(3) the vouchers given by the trustees of all common
school districts of the county.
(b) In exercising authority granted under this section, a
county auditor may not directly access or manipulate real-time data
on a computer maintained by a county department or a district clerk,
district attorney, county officer, or precinct officer except as
authorized by a written agreement between the auditor and the
entity responsible for compiling or maintaining the applicable
data.
SECTION 3. 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.