81R3638 JRD-D
By: Watson S.B. No. 739
A BILL TO BE ENTITLED
AN ACT
relating to transferring the Legislative Budget Board's
performance review duties to the comptroller.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 322.015, 322.016, 322.0165, 322.017,
and 322.018, Government Code, are transferred to Chapter 403,
Government Code, redesignated as Subchapter O, Chapter 403,
Government Code, and amended with the addition of a subchapter
heading to read as follows:
SUBCHAPTER O. PERFORMANCE REVIEWS
Sec. 403.351 [322.015]. REVIEW OF INTERSCHOLASTIC
COMPETITION. The comptroller [board] may periodically review and
analyze the effectiveness and efficiency of the policies,
management, fiscal affairs, and operations of an organization that
is a component or part of a state agency or institution and that
sanctions or conducts interscholastic competition. The
comptroller [board] shall report the findings to the governor and
the legislature. The legislature may consider the comptroller's
[board's] reports in connection with the legislative
appropriations process.
Sec. 403.352 [322.016]. PERFORMANCE REVIEW OF SCHOOL
DISTRICTS. (a) The comptroller [board] may periodically review
the effectiveness and efficiency of the operations of school
districts, including the district's expenditures for its officers'
and employees' travel services. A review of a school district may
be initiated by the comptroller [board] at the comptroller's [its]
discretion or on the request of the school district. A review may
be initiated by a school district only by resolution adopted by a
majority of the members of the board of trustees of the district.
(b) If a review is initiated on the request of the school
district, the district shall pay 25 percent of the cost incurred in
conducting the review.
(c) The comptroller [board] shall:
(1) prepare a report showing the results of each
review conducted under this section;
(2) file the report with the school district, the
governor, the lieutenant governor, the speaker of the house of
representatives, the chairs of the standing committees of the
senate and the house of representatives with jurisdiction over
public education, and the commissioner of education; and
(3) make the entire report and a summary of the report
available to the public on the Internet.
(d) Until the comptroller [board] has completed a review
under this section, all information, documentary or otherwise,
prepared or maintained in conducting the review or preparing the
review report, including intra-agency and interagency
communications and drafts of the review report or portions of those
drafts, is excepted from required public disclosure as audit
working papers under Section 552.116. This subsection does not
affect whether information described by this subsection is
confidential or excepted from required public disclosure under a
law other than Section 552.116.
Sec. 403.353 [322.0165]. PERFORMANCE REVIEW OF
INSTITUTIONS OF HIGHER EDUCATION. (a) In this section, "public
junior college" and "general academic teaching institution" have
the meanings assigned by Section 61.003, Education Code.
(b) The comptroller [board] may periodically review the
effectiveness and efficiency of the budgets and operations of:
(1) public junior colleges; and
(2) general academic teaching institutions.
(c) A review under this section may be initiated by the
comptroller [board] or at the request of:
(1) the governor; or
(2) the public junior college or general academic
teaching institution.
(d) A review may be initiated by a public junior college or
general academic teaching institution only at the request of the
president of the college or institution or by a resolution adopted
by a majority of the governing body of the college or institution.
(e) If a review is initiated by a public junior college or
general academic teaching institution, the college or institution
shall pay 25 percent of the cost incurred in conducting the review.
(f) The comptroller [board] shall:
(1) prepare a report showing the results of each
review conducted under this section;
(2) file the report with:
(A) the chief executive officer of the public
junior college or general academic teaching institution that is the
subject of the report; and
(B) the governor, the lieutenant governor, the
speaker of the house of representatives, the chairs of the standing
committees of the senate and of the house of representatives with
primary jurisdiction over higher education, and the commissioner of
higher education; and
(3) make the entire report and a summary of the report
available to the public on the Internet.
(g) Until the comptroller [board] has completed a review
under this section, all information, documentary or otherwise,
prepared or maintained in conducting the review or preparing the
review report, including intra-agency and interagency
communications and drafts of the review report or portions of those
drafts, is excepted from required public disclosure as audit
working papers under Section 552.116. This subsection does not
affect whether information described by this subsection is
confidential or excepted from required public disclosure under a
law other than Section 552.116.
Sec. 403.354 [322.017]. EFFICIENCY REVIEW OF STATE
AGENCIES. (a) In this section, "state agency" has the meaning
assigned by Section 2056.001.
(b) The comptroller [board] periodically may review and
analyze the effectiveness and efficiency of the policies,
management, fiscal affairs, and operations of state agencies.
(c) The comptroller [board] shall report the findings of the
review and analysis to the governor and the legislature.
(d) The legislature may consider the comptroller's
[board's] reports in connection with the legislative
appropriations process.
(e) Until the comptroller [board] has completed a review and
analysis under this section, all information, documentary or
otherwise, prepared or maintained in conducting the review and
analysis or preparing the review report, including intra-agency and
interagency communications and drafts of the review report or
portions of those drafts, is excepted from required public
disclosure as audit working papers under Section 552.116. This
subsection does not affect whether information described by this
subsection is confidential or excepted from required public
disclosure under a law other than Section 552.116.
Sec. 403.355 [322.018]. RECORDS MANAGEMENT REVIEW.
(a) In this section, "state agency" has the meaning assigned by
Section 2056.001.
(b) The comptroller [board] may periodically review and
analyze the effectiveness and efficiency of the policies and
management of a state governmental committee or state agency that
is involved in:
(1) analyzing and recommending improvements to the
state's system of records management; and
(2) preserving the essential records of this state,
including records relating to financial management information.
SECTION 2. (a) In this section, "performance review" means
a function performed by the Legislative Budget Board before the
effective date of this Act under Section 322.015, 322.016,
322.0165, 322.017, or 322.018, Government Code.
(b) On the effective date of this Act, the following are
transferred from the Legislative Budget Board to the comptroller of
public accounts:
(1) all employees whose primary duties involved
performing or supporting the performance of performance reviews;
(2) all records and equipment primarily used by the
board in connection with performance reviews; and
(3) all appropriations for the state fiscal biennium
beginning September 1, 2009, made to or budgeted by the board
specifically for performance reviews.
(c) If the Legislative Budget Board does not receive
appropriations specifically designated for performance review
purposes for the state fiscal biennium beginning September 1, 2009,
and has not specifically budgeted amounts for performance review
purposes for that biennium, an amount equal to the amount of
appropriations specifically designated for or budgeted by the
Legislative Budget Board for performance review purposes for the
state fiscal biennium beginning September 1, 2007, is transferred
from appropriations made to the Legislative Budget Board for the
state fiscal biennium beginning September 1, 2009, to the
comptroller of public accounts for that biennium.
SECTION 3. This Act takes effect September 1, 2009.