Texas 2009 - 81st Regular

Texas Senate Bill SB739 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3638 JRD-D
2	2	By: Watson S.B. No. 739
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to transferring the Legislative Budget Board's
8	8	performance review duties to the comptroller.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 322.015, 322.016, 322.0165, 322.017,
11	11	and 322.018, Government Code, are transferred to Chapter 403,
12	12	Government Code, redesignated as Subchapter O, Chapter 403,
13	13	Government Code, and amended with the addition of a subchapter
14	14	heading to read as follows:
15	15	SUBCHAPTER O. PERFORMANCE REVIEWS
16	16	Sec. 403.351 [322.015]. REVIEW OF INTERSCHOLASTIC
17	17	COMPETITION. The comptroller [board] may periodically review and
18	18	analyze the effectiveness and efficiency of the policies,
19	19	management, fiscal affairs, and operations of an organization that
20	20	is a component or part of a state agency or institution and that
21	21	sanctions or conducts interscholastic competition. The
22	22	comptroller [board] shall report the findings to the governor and
23	23	the legislature. The legislature may consider the comptroller's
24	24	[board's] reports in connection with the legislative
25	25	appropriations process.
26	26	Sec. 403.352 [322.016]. PERFORMANCE REVIEW OF SCHOOL
27	27	DISTRICTS. (a) The comptroller [board] may periodically review
28	28	the effectiveness and efficiency of the operations of school
29	29	districts, including the district's expenditures for its officers'
30	30	and employees' travel services. A review of a school district may
31	31	be initiated by the comptroller [board] at the comptroller's [its]
32	32	discretion or on the request of the school district. A review may
33	33	be initiated by a school district only by resolution adopted by a
34	34	majority of the members of the board of trustees of the district.
35	35	(b) If a review is initiated on the request of the school
36	36	district, the district shall pay 25 percent of the cost incurred in
37	37	conducting the review.
38	38	(c) The comptroller [board] shall:
39	39	(1) prepare a report showing the results of each
40	40	review conducted under this section;
41	41	(2) file the report with the school district, the
42	42	governor, the lieutenant governor, the speaker of the house of
43	43	representatives, the chairs of the standing committees of the
44	44	senate and the house of representatives with jurisdiction over
45	45	public education, and the commissioner of education; and
46	46	(3) make the entire report and a summary of the report
47	47	available to the public on the Internet.
48	48	(d) Until the comptroller [board] has completed a review
49	49	under this section, all information, documentary or otherwise,
50	50	prepared or maintained in conducting the review or preparing the
51	51	review report, including intra-agency and interagency
52	52	communications and drafts of the review report or portions of those
53	53	drafts, is excepted from required public disclosure as audit
54	54	working papers under Section 552.116. This subsection does not
55	55	affect whether information described by this subsection is
56	56	confidential or excepted from required public disclosure under a
57	57	law other than Section 552.116.
58	58	Sec. 403.353 [322.0165]. PERFORMANCE REVIEW OF
59	59	INSTITUTIONS OF HIGHER EDUCATION. (a) In this section, "public
60	60	junior college" and "general academic teaching institution" have
61	61	the meanings assigned by Section 61.003, Education Code.
62	62	(b) The comptroller [board] may periodically review the
63	63	effectiveness and efficiency of the budgets and operations of:
64	64	(1) public junior colleges; and
65	65	(2) general academic teaching institutions.
66	66	(c) A review under this section may be initiated by the
67	67	comptroller [board] or at the request of:
68	68	(1) the governor; or
69	69	(2) the public junior college or general academic
70	70	teaching institution.
71	71	(d) A review may be initiated by a public junior college or
72	72	general academic teaching institution only at the request of the
73	73	president of the college or institution or by a resolution adopted
74	74	by a majority of the governing body of the college or institution.
75	75	(e) If a review is initiated by a public junior college or
76	76	general academic teaching institution, the college or institution
77	77	shall pay 25 percent of the cost incurred in conducting the review.
78	78	(f) The comptroller [board] shall:
79	79	(1) prepare a report showing the results of each
80	80	review conducted under this section;
81	81	(2) file the report with:
82	82	(A) the chief executive officer of the public
83	83	junior college or general academic teaching institution that is the
84	84	subject of the report; and
85	85	(B) the governor, the lieutenant governor, the
86	86	speaker of the house of representatives, the chairs of the standing
87	87	committees of the senate and of the house of representatives with
88	88	primary jurisdiction over higher education, and the commissioner of
89	89	higher education; and
90	90	(3) make the entire report and a summary of the report
91	91	available to the public on the Internet.
92	92	(g) Until the comptroller [board] has completed a review
93	93	under this section, all information, documentary or otherwise,
94	94	prepared or maintained in conducting the review or preparing the
95	95	review report, including intra-agency and interagency
96	96	communications and drafts of the review report or portions of those
97	97	drafts, is excepted from required public disclosure as audit
98	98	working papers under Section 552.116. This subsection does not
99	99	affect whether information described by this subsection is
100	100	confidential or excepted from required public disclosure under a
101	101	law other than Section 552.116.
102	102	Sec. 403.354 [322.017]. EFFICIENCY REVIEW OF STATE
103	103	AGENCIES. (a) In this section, "state agency" has the meaning
104	104	assigned by Section 2056.001.
105	105	(b) The comptroller [board] periodically may review and
106	106	analyze the effectiveness and efficiency of the policies,
107	107	management, fiscal affairs, and operations of state agencies.
108	108	(c) The comptroller [board] shall report the findings of the
109	109	review and analysis to the governor and the legislature.
110	110	(d) The legislature may consider the comptroller's
111	111	[board's] reports in connection with the legislative
112	112	appropriations process.
113	113	(e) Until the comptroller [board] has completed a review and
114	114	analysis under this section, all information, documentary or
115	115	otherwise, prepared or maintained in conducting the review and
116	116	analysis or preparing the review report, including intra-agency and
117	117	interagency communications and drafts of the review report or
118	118	portions of those drafts, is excepted from required public
119	119	disclosure as audit working papers under Section 552.116. This
120	120	subsection does not affect whether information described by this
121	121	subsection is confidential or excepted from required public
122	122	disclosure under a law other than Section 552.116.
123	123	Sec. 403.355 [322.018]. RECORDS MANAGEMENT REVIEW.
124	124	(a) In this section, "state agency" has the meaning assigned by
125	125	Section 2056.001.
126	126	(b) The comptroller [board] may periodically review and
127	127	analyze the effectiveness and efficiency of the policies and
128	128	management of a state governmental committee or state agency that
129	129	is involved in:
130	130	(1) analyzing and recommending improvements to the
131	131	state's system of records management; and
132	132	(2) preserving the essential records of this state,
133	133	including records relating to financial management information.
134	134	SECTION 2. (a) In this section, "performance review" means
135	135	a function performed by the Legislative Budget Board before the
136	136	effective date of this Act under Section 322.015, 322.016,
137	137	322.0165, 322.017, or 322.018, Government Code.
138	138	(b) On the effective date of this Act, the following are
139	139	transferred from the Legislative Budget Board to the comptroller of
140	140	public accounts:
141	141	(1) all employees whose primary duties involved
142	142	performing or supporting the performance of performance reviews;
143	143	(2) all records and equipment primarily used by the
144	144	board in connection with performance reviews; and
145	145	(3) all appropriations for the state fiscal biennium
146	146	beginning September 1, 2009, made to or budgeted by the board
147	147	specifically for performance reviews.
148	148	(c) If the Legislative Budget Board does not receive
149	149	appropriations specifically designated for performance review
150	150	purposes for the state fiscal biennium beginning September 1, 2009,
151	151	and has not specifically budgeted amounts for performance review
152	152	purposes for that biennium, an amount equal to the amount of
153	153	appropriations specifically designated for or budgeted by the
154	154	Legislative Budget Board for performance review purposes for the
155	155	state fiscal biennium beginning September 1, 2007, is transferred
156	156	from appropriations made to the Legislative Budget Board for the
157	157	state fiscal biennium beginning September 1, 2009, to the
158	158	comptroller of public accounts for that biennium.
159	159	SECTION 3. This Act takes effect September 1, 2009.