By: Shapiro, Carona, Birdwell S.B. No. 202
(In the Senate - Filed November 10, 2010; January 31, 2011,
read first time and referred to Committee on Administration;
April 4, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 0, 1 present not
voting; April 4, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 202 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to achievement benchmarks in fiscal notes and to
legislative review of those benchmarks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 314, Government Code, is amended by
adding Section 314.006 to read as follows:
Sec. 314.006. PURPOSE STATEMENT AND BENCHMARKS;
LEGISLATIVE REVIEW. (a) The Legislative Budget Board shall
include in any fiscal note attached to a bill that authorizes or
requires the expenditure or diversion of state funds:
(1) a statement of the purposes of the bill; and
(2) a set of reasonable benchmarks that provide a
mechanism for measuring whether and to what degree the bill's
purposes have been achieved.
(b) In preparing the statement and benchmarks under
Subsection (a), the board shall coordinate with the primary author
of the bill to determine the purposes of the bill and to set
reasonable benchmarks. The board shall begin coordinating with the
primary author of the bill immediately following the author's
request for a hearing on the bill.
(c) Before the first day of the third regular legislative
session after a bill subject to this section becomes law, the board
shall evaluate whether the benchmarks required under Subsection (a)
have been met and shall provide to the lieutenant governor, the
speaker of the house of representatives, the Senate Finance
Committee, and the House Appropriations Committee a report on the
board's findings regarding each bill subject to review under this
section.
(d) If the report submitted under Subsection (c) indicates
that the board finds a benchmark has not been met, the Senate
Finance Committee and the House Appropriations Committee shall
review the statutes enacted or amended by the bill to determine
whether:
(1) additional expenditure or diversion of state funds
should be made to fund the purposes of the bill; or
(2) the statutes enacted or amended by the bill should
be repealed or amended.
(e) Immediately after submitting the report under
Subsection (c), the board shall provide notice to the primary
author of a bill the benchmarks of which the board has determined
have not been met that the statutes enacted or amended by the bill
will be reviewed by the Senate Finance Committee and the House
Appropriations Committee.
(f) The board shall implement this section from available
funds that may be used for that purpose. The board shall reduce
other programs to the extent necessary to implement this section
without receiving additional appropriations for this purpose.
SECTION 2. This Act applies only to bills filed on or after
September 1, 2011.
SECTION 3. This Act takes effect September 1, 2011.
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