82R5553 JXC-F
By: McClendon H.B. No. 1195
A BILL TO BE ENTITLED
AN ACT
relating to the qualifications and duties of the chief financial
officer, the internal auditor, and legal counsel of the Texas
Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 201, Transportation Code,
is amended by adding Section 201.004 to read as follows:
Sec. 201.004. APPOINTING AUTHORITY; CONSIDERATION OF
OUTSIDE APPLICANTS. (a) An appointment under this chapter for
which the appointing authority is not specified shall be made by:
(1) the commission; or
(2) the commissioner of transportation if the
commission has been replaced by a single commissioner.
(b) In making an appointment under this chapter, the
appointing authority shall consider applicants from outside the
department.
SECTION 2. Subchapter C, Chapter 201, Transportation Code,
is amended by adding Sections 201.1075 and 201.1076 to read as
follows:
Sec. 201.1075. CHIEF FINANCIAL OFFICER. (a) A chief
financial officer shall be appointed for the department as provided
by Section 201.004. The chief financial officer must:
(1) have at least one master's or doctoral degree; and
(2) be a certified public accountant who is licensed
and in good standing in this state.
(b) The chief financial officer shall oversee the
department's financial activities, including:
(1) managing department debt;
(2) exploring new mechanisms to finance
transportation projects;
(3) budgeting for pass-through toll projects and
department contracts; and
(4) overseeing the project delivery office
established under Section 201.1076.
(c) The chief financial officer may contract with experts
and consultants to assist the department:
(1) in matters involving debt management,
comprehensive development agreements, regional mobility
authorities, toll roads, or public-private partnerships; and
(2) in exploring other mechanisms to finance
transportation projects.
(d) The chief financial officer shall ensure that the
department's financial activities are conducted in a transparent
and reliable manner.
Sec. 201.1076. PROJECT DELIVERY OFFICE. The chief
financial officer shall establish and oversee a project delivery
office within the department to coordinate the activities of other
department offices and personnel to accomplish the appointing
authority's financial objectives and fulfill the appointing
authority's financial reporting requirements.
SECTION 3. Section 201.108, Transportation Code, is amended
to read as follows:
Sec. 201.108. INTERNAL AUDITOR. (a) An [The commission
shall appoint an] internal auditor shall be appointed for the
department as provided by Section 201.004. The auditor must:
(1) have at least one master's or doctoral degree;
(2) be a certified public accountant who is licensed
and in good standing in this state;
(3) be a certified internal auditor; and
(4) have demonstrated experience in preparing
financial statements and reports.
(b) The auditor shall:
(1) report directly to the appointing authority
[commission] on the conduct of department affairs;
(2) administer and oversee compliance functions of the
department; and
(3) facilitate preparation of financial statements or
reports required by law to be filed by the appointing authority.
SECTION 4. Section 201.401(b), Transportation Code, is
amended to read as follows:
(b) A person may not act as general, outside, or retained
counsel to the department if the person is required to register as a
lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the department. A person who acts as
general counsel to the department must be licensed as an attorney in
this state.
SECTION 5. The changes in law made by this Act to Sections
201.108 and 201.401, Transportation Code, in the qualifications of
the internal auditor and the general counsel of the Texas
Department of Transportation do not affect the entitlement of
persons serving in those positions immediately before the effective
date of this Act to continue to carry out the positions' functions
for the remainder of the positions' term. The changes in law apply
only to an internal auditor or general counsel appointed on or after
the effective date of this Act. This Act does not prohibit a person
who is serving as the internal auditor or general counsel on the
effective date of this Act from being reappointed to that position
if the person has the qualifications required for the position
under Section 201.108 or 201.401, Transportation Code, as amended
by this Act.
SECTION 6. 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, 2011.