By: Nelson S.B. No. 59
(In the Senate - Filed November 12, 2012; January 28, 2013,
read first time and referred to Committee on Government
Organization; March 18, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
March 18, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 59 By: Paxton
A BILL TO BE ENTITLED
AN ACT
relating to required reports and other documents prepared by state
agencies and institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.006, Agriculture Code, is amended to
read as follows:
Sec. 15.006. BIENNIAL [ANNUAL] REPORT. The department [and
the Texas Department of Health] shall [jointly] prepare a biennial
[an annual] report concerning the special nutrition program and
submit a copy of the report to the governor, lieutenant governor,
and speaker of the house of representatives. The report must
include information on the condition of the program, persons
served, amount of food coupons redeemed, and funds received and
expended.
SECTION 2. Subsection (e), Section 102.167, Agriculture
Code, is amended to read as follows:
(e) Not later than December 1 [the 30th day] before the
first day of each regular session of the legislature, the
department shall submit to the governor a full report of
transactions under this subchapter during the preceding biennium.
The report must include a complete statement of receipts and
expenditures under this subchapter during the biennium.
SECTION 3. Section 201.028, Agriculture Code, is amended to
read as follows:
Sec. 201.028. ANNUAL [SEMIANNUAL] REPORT. Not later than
January 1 [and July 1] of each year, the state board shall prepare
and deliver to the governor, the lieutenant governor, and the
speaker of the house of representatives a report relating to the
status of the budget areas of responsibility assigned to the board,
including outreach programs, grants made and received, federal
funding applied for and received, special projects, and oversight
of water conservation district activities.
SECTION 4. Article 59.11, Code of Criminal Procedure, is
amended to read as follows:
Art. 59.11. REPORT OF SEIZED AND FORFEITED AIRCRAFT. Not
later than the 10th day after the last day of each quarter of the
fiscal year, the Department of Public Safety shall report to the
Texas Department of Transportation [State Aircraft Pooling Board]:
(1) a description of each aircraft that the Department
of Public Safety [department] has received by forfeiture under this
chapter during the preceding quarter and the purposes for which the
Department of Public Safety [department] intends to use the
aircraft; and
(2) a description of each aircraft the Department of
Public Safety [department] knows to have been seized under this
chapter during the preceding quarter and the purposes for which the
Department of Public Safety [department] would use the aircraft if
it were forfeited to the Department of Public Safety [department].
SECTION 5. Subsection (j), Article 60.02, Code of Criminal
Procedure, is amended to read as follows:
(j) At least once during each five-year period the council
shall coordinate an examination of the records and operations of
the criminal justice information system to ensure the accuracy and
completeness of information in the system and to ensure the
promptness of information reporting. The state auditor, or other
appropriate entity selected by the council, shall conduct the
examination with the cooperation of the council, the Department of
Public Safety, and the Texas Department of Criminal Justice. The
Department of Public Safety, the council, and the Texas Department
of Criminal Justice may examine the records of the agencies
required to report information to the Department of Public Safety
or the Texas Department of Criminal Justice. The examining entity
shall submit to the legislature and the council a report that
summarizes the findings of each examination and contains
recommendations for improving the system. Not later than the first
anniversary after the date the examining entity submits its report,
the Department of Public Safety shall report to the Legislative
Budget Board, the governor, [the state auditor,] and the council on
the department's progress in implementing the examining entity's
recommendations, including for each recommendation not implemented
the reason for not implementing the recommendation. The Department
of Public Safety shall submit a similar report each year following
the submission of the first report until each of the examining
entity's recommendations is implemented.
SECTION 6. Subsection (a), Section 32.157, Education Code,
is amended to read as follows:
(a) After the expiration of the project, the agency may
review the project based on the annual reports the agency receives
from the board of trustees of participating school districts. The
agency may include the review of the project in the comprehensive
biennial [annual] report required under Section 39.332 that
includes [covers] the 2012-2013 school year.
SECTION 7. Subsection (e), Section 39.027, Education Code,
is amended to read as follows:
(e) The commissioner shall develop an assessment system
that shall be used for evaluating the academic progress, including
reading proficiency in English, of all students of limited English
proficiency, as defined by Section 29.052. A student who is exempt
from the administration of an assessment instrument under
Subsection (a)(1) or (2) who achieves reading proficiency in
English as determined by the assessment system developed under this
subsection shall be administered the assessment instruments
described by Sections 39.023(a) and (c). The performance under the
assessment system developed under this subsection of students to
whom Subsection (a)(1) or (2) applies shall be included in the
indicator systems under Section 39.301, as applicable, the
performance report under Section 39.306, and the comprehensive
biennial [annual] report under Section 39.332. This information
shall be provided in a manner that is disaggregated by the bilingual
education or special language program, if any, in which the student
is enrolled.
SECTION 8. The heading to Section 39.332, Education Code,
is amended to read as follows:
Sec. 39.332. COMPREHENSIVE BIENNIAL [ANNUAL] REPORT.
SECTION 9. Subsection (a), Section 39.332, Education Code,
is amended to read as follows:
(a) Not later than December 1 of each even-numbered year,
the agency shall prepare and deliver to the governor, the
lieutenant governor, the speaker of the house of representatives,
each member of the legislature, the Legislative Budget Board, and
the clerks of the standing committees of the senate and house of
representatives with primary jurisdiction over the public school
system a comprehensive report covering the two preceding school
years [year] and containing the information described by Subsection
(b).
SECTION 10. Section 39.333, Education Code, is amended to
read as follows:
Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of
the comprehensive biennial report under Section 39.332, the [The]
agency shall submit [prepare and deliver to the governor, the
lieutenant governor, the speaker of the house of representatives,
each member of the legislature, the Legislative Budget Board, and
the clerks of the standing committees of the senate and house of
representatives with primary jurisdiction over the public school
system] a regional and district level report covering the preceding
two school years and containing:
(1) a summary of school district compliance with the
student/teacher ratios and class-size limitations prescribed by
Sections 25.111 and 25.112, including:
(A) the number of campuses and classes at each
campus granted an exception from Section 25.112; and
(B) for each campus granted an exception from
Section 25.112, a statement of whether the campus has been awarded a
distinction designation under Subchapter G or has been identified
as an unacceptable campus under Subchapter E;
(2) a summary of the exemptions and waivers granted to
campuses and school districts under Section 7.056 or 39.232 and a
review of the effectiveness of each campus or district following
deregulation;
(3) an evaluation of the performance of the system of
regional education service centers based on the indicators adopted
under Section 8.101 and client satisfaction with services provided
under Subchapter B, Chapter 8;
(4) an evaluation of accelerated instruction programs
offered under Section 28.006, including an assessment of the
quality of such programs and the performance of students enrolled
in such programs; and
(5) the number of classes at each campus that are
currently being taught by individuals who are not certified in the
content areas of their respective classes.
SECTION 11. Subsection (g), Section 51.752, Education Code,
is amended to read as follows:
(g) Not later than December 1 of each year, the [The]
committee shall report to the Legislative Budget Board, [at least
once a year. The committee shall also report to] the governor, the
State Board of Education, the Texas Higher Education Coordinating
Board, and the legislature [before the convening of each regular
session].
SECTION 12. Subsection (j), Section 54.633, Education Code,
is amended to read as follows:
(j) The board may contract with an independent certified
public accountant to annually audit the direct-support
organization under rules adopted by the board. The board shall
submit the audit to the comptroller, governor, lieutenant governor,
speaker of the house of representatives, Legislative Budget Board,
Legislative Audit Committee, [state auditor,] and Texas Higher
Education Coordinating Board. The comptroller [or state auditor]
may require the direct-support organization or independent
certified public accountant to provide additional information
relating to the operation of the organization.
SECTION 13. Subsections (a) and (c), Section 54.642,
Education Code, are amended to read as follows:
(a) Not later than December 1 of each year, the board shall
submit to the governor, lieutenant governor, speaker of the house
of representatives, Legislative Budget Board, Legislative Audit
Committee, [state auditor,] and Texas Higher Education
Coordinating Board a report including:
(1) the board's fiscal transactions during the
preceding fiscal year;
(2) the market and book value of the fund as of the end
of the preceding fiscal year;
(3) the asset allocations of the fund expressed in
percentages of stocks, fixed income, cash, or other financial
investments;
(4) the rate of return on the investment of the fund's
assets during the preceding fiscal year; and
(5) an actuarial valuation of the assets and
liabilities of the program, including the extent to which the
program's liabilities are unfunded.
(c) The [Not later than December 1 of each year, the] board
shall include in the report described by Subsection (a):
(1) [provide to the Texas Higher Education
Coordinating Board] complete prepaid tuition contract sales
information, including projected enrollments of beneficiaries at
institutions of higher education; and
(2) the information maintained by the board under
Section 54.777.
SECTION 14. The heading to Section 54.777, Education Code,
is amended to read as follows:
Sec. 54.777. INFORMATION REQUIRED FOR ANNUAL REPORT
[REPORTS].
SECTION 15. Subsection (a), Section 54.777, Education Code,
is amended to read as follows:
(a) The [Not later than December 1 of each year, the] board
shall maintain the following information for the purpose of
inclusion in the annual report under Section 54.642 [submit to the
governor, lieutenant governor, speaker of the house of
representatives, Legislative Budget Board, Legislative Audit
Committee, state auditor, and Texas Higher Education Coordinating
Board a report including]:
(1) the fiscal transactions of the board and the plan
manager under this subchapter during the preceding fiscal year;
(2) the market and book value of the fund as of the end
of the preceding fiscal year;
(3) the asset allocations of the fund expressed in
percentages of stocks, fixed income, cash, or other financial
investments;
(4) the rate of return on the investment of the fund's
assets during the preceding fiscal year; and
(5) an actuarial valuation of the assets and
liabilities of the program, including the extent to which the
program's liabilities are unfunded.
SECTION 16. Subsection (i), Section 61.051, Education Code,
is amended to read as follows:
(i) The board shall develop and periodically revise a
long-range statewide plan to provide information and guidance to
policy makers to ensure that institutions of higher education meet
the current and future needs of each region of this state for higher
education services and that adequate higher education services at
all levels are reasonably and equally available to the residents of
each region of this state. The board in developing the plan shall
examine existing undergraduate, graduate, professional, and
research programs provided by institutions of higher education and
identify the geographic areas of this state that, as a result of
current population or projected population growth, distance from
other educational resources, economic trends, or other factors,
have or are reasonably likely to have in the future significantly
greater need for higher education services than the services
currently provided in the area by existing institutions of higher
education. The board shall also consider the higher education
services provided by private and independent institutions of higher
education in developing the plan. The board shall identify as
specifically as practicable the programs or fields of study for
which an area has or is projected to have a significant unmet need
for services. In determining the need for higher education
[educational] services in an area, the board shall consider the
educational attainment of the current population and the extent to
which residents from the area attend institutions of higher
education outside of the area or do not attend institutions of
higher education. The board shall include in the plan specific
recommendations, including alternative recommendations, for
administrative or legislative action to address an area's unmet
need for higher education [educational] services as efficiently as
possible. Not later than November 1 of each even-numbered year, the
board shall deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, and the legislature a
report of the current long-range plan developed under this section.
SECTION 17. Section 61.063, Education Code, is amended to
read as follows:
Sec. 61.063. LISTING AND CERTIFICATION OF JUNIOR COLLEGES.
The commissioner of higher education shall file with [the state
auditor and] the state comptroller on or before October 1 of each
year a list of the public junior colleges in this state. The
commissioner shall certify the names of those colleges that have
complied with the standards, rules, and regulations prescribed by
the board. Only those colleges which are so certified shall be
eligible for and may receive any appropriation made by the
legislature to public junior colleges.
SECTION 18. Subsection (e), Section 96.652, Education Code,
is amended to read as follows:
(e) The Crime Victims' Institute shall prepare a complete
annual financial report as prescribed by Section 2101.011,
Government Code [file annually with the governor and the presiding
officer of each house of the legislature a complete and detailed
written report accounting for all funds received and disbursed by
the institute during the preceding year. The form of the annual
report and the reporting time shall be as provided by the General
Appropriations Act. The Crime Victims' Institute shall determine
the format and contents of the report and may have copies of the
report printed for distribution as the institute considers
appropriate].
SECTION 19. Subsection (a), Section 264.608, Family Code,
is amended to read as follows:
(a) Not later than December 1 of each year [Before each
regular session of the legislature], the attorney general shall
publish a report that:
(1) summarizes reports from volunteer advocate
programs under contract with the attorney general;
(2) analyzes the effectiveness of the contracts made
by the attorney general under this chapter; and
(3) provides information on:
(A) the expenditure of funds under this chapter;
(B) services provided and the number of children
for whom the services were provided; and
(C) any other information relating to the
services provided by the volunteer advocate programs under this
chapter.
SECTION 20. Subsection (b), Section 81.023, Government
Code, is amended to read as follows:
(b) The state bar shall file annually with the supreme
court, the governor, and the presiding officer of each house of the
legislature a copy of the annual financial report prepared by the
state bar under Section 2101.011 [complete and detailed written
report accounting for all funds received and disbursed by the state
bar during the preceding fiscal year. The annual report must be in
the form and reported in the time provided by the General
Appropriations Act].
SECTION 21. Subsection (b), Section 82.035, Government
Code, is amended to read as follows:
(b) The board shall file annually with the supreme court,
the governor, and the presiding officer of each house of the
legislature a copy of the annual financial report prepared by the
board under Section 2101.011 [complete and detailed written report
accounting for all funds received or disbursed by the board during
the preceding fiscal year. The annual report must be in the form
and reported in the time provided by the General Appropriations
Act].
SECTION 22. Section 322.011, Government Code, is amended by
amending Subsection (c) and adding Subsection (h) to read as
follows:
(c) As soon as practicable after completion of the audit or
evaluation under Subsection (a) [On the third Tuesday of each
January in which the legislature meets in regular session], the
board shall make a performance report to the governor and the
legislature.
(h) An audit or evaluation under this section is considered
an audit for purposes of the application of Section 552.116,
relating to confidentiality of audit working papers.
SECTION 23. Subsection (d), Section 324.008, Government
Code, is amended to read as follows:
(d) The governing body of a state agency, as defined by
Sections 2151.002(1) and (3) [2151.002(2)(A) and (C)], shall
deliver to the library and the Texas State Library and Archives
Commission immediately after transcription a certified copy of the
minutes of any meeting of the governing body. Any changes or
corrections to the minutes shall also be delivered to the library
and the Texas State Library and Archives Commission.
SECTION 24. Subsection (b), Section 403.021, Government
Code, is amended to read as follows:
(b) A state agency that expends appropriated funds shall
report into the uniform statewide accounting system all payables
and binding encumbrances by appropriation account for the first
three quarters of the current appropriation year within 30 days
after the close of each quarter. A state agency shall report
payables and binding encumbrances for all appropriation years
annually to the comptroller[, the state auditor,] and the
Legislative Budget Board no later than October 30 of each year.
SECTION 25. Subsection (g), Section 403.1041, Government
Code, is amended to read as follows:
(g) Before December 1 of each year the comptroller shall
prepare a written report regarding the account during the fiscal
year ending on the preceding August 31. Not later than January 1 of
each year the comptroller shall distribute the report to the
advisory committee, the governor, the lieutenant governor, [the
state auditor,] the attorney general, and the Legislative Budget
Board. The comptroller shall furnish a copy of the report to any
member of the legislature or other interested person on request.
The report must include:
(1) statements of assets and a schedule of changes in
book value of the investments from the account;
(2) a summary of the gains, losses, and income from
investments on August 31;
(3) an itemized list of the securities held for the
account on August 31; and
(4) any other information needed to clearly indicate
the nature and extent of the investments made of the account and the
income realized from the components of the account.
SECTION 26. Subsection (d), Section 411.0097, Government
Code, as added by Chapter 693 (S.B. 293), Acts of the 79th
Legislature, Regular Session, 2005, is amended to read as follows:
(d) The department, in conjunction with the border commerce
coordinator, shall develop short-range and long-range plans,
including recommendations to increase bilateral relations with
Mexico and expedite trade by mitigating delays in border crossing
inspections for northbound truck traffic. In developing the plans,
the department and coordinator shall consider information obtained
from any meetings under Subsection (a). The department shall
update the plan biennially [and submit the updated plan to the
lieutenant governor, the speaker of the house of representatives,
and each other member of the legislature on or before December 1 of
each even-numbered year].
SECTION 27. Subsection (e), Section 419.008, Government
Code, is amended to read as follows:
(e) Not later than January 1 of each odd-numbered year, the
[The] commission shall report to the governor [annually] and to the
legislature [at each regular session] on the commission's
activities. The commission may make recommendations in those
reports on matters under its jurisdiction. The commission may make
other reports in its discretion.
SECTION 28. Section 420.009, Government Code, is amended to
read as follows:
Sec. 420.009. REPORT. The attorney general shall publish a
report on the service not later than December 10 of each
[even-numbered] year. The report must summarize reports from
programs receiving grants from the attorney general, analyze the
effectiveness of the grants, and include information on the
expenditure of funds authorized by this chapter, the services
provided, the number of persons receiving services, and any other
information relating to the provision of sexual assault services.
A copy of the report shall be submitted to the governor, lieutenant
governor, speaker of the house of representatives, Legislative
Budget Board, Senate Committee on Health and Human Services or its
successor committee, and House Committee on Human Services or its
successor committee.
SECTION 29. Subsection (b), Section 431.030, Government
Code, is amended to read as follows:
(b) Not later than August 1 of the year in which the
Commissioner of the General Land Office submits a report as
provided by Section 31.157, Natural Resources Code, the adjutant
general shall submit a preliminary report of the report required
under Subsection (a) to the Commissioner of the General Land Office
identifying the real property used for military purposes. Not
later than September 1 of the year in which the Commissioner of the
General Land Office submits a report as provided by Section 31.157,
Natural Resources Code, the adjutant general shall submit the
report as required by Subsection (a) to:
(1) the governor;
(2) the presiding officer of each house of the
legislature; and
(3) [the Legislative Budget Board; and
[(4)] the Governor's Office of Budget, Planning, and
Policy [governor's budget office].
SECTION 30. Subsection (a), Section 431.034, Government
Code, is amended to read as follows:
(a) The adjutant general annually shall report to the
governor. The report shall be delivered to the legislature. The
report must include:
(1) [a complete and detailed written statement
accounting for all funds received and disbursed by the department
during the preceding fiscal year that meets the reporting
requirements applicable to financial reporting provided in the
General Appropriations Act;
[(2)] an account, to the extent of the adjutant
general's knowledge, of all arms, ammunition, and other military
property owned by or in possession of the state, the source from
which it was received, to whom it is issued, and its present
condition;
(2) [(3)] a statement of the number, condition, and
organization of the Texas National Guard and reserve militia;
(3) [(4)] suggestions that the adjutant general
considers important to the military interests and conditions of the
state and the perfection of its military organization;
(4) [(5)] a list and description of all Texas National
Guard missions that are in progress at the time the report is
prepared; and
(5) [(6)] a statement of department plans to obtain
and maintain future Texas National Guard missions, including
proposed missions that are consistent with the United States
Department of Defense's war-fighting strategies, including
strategies used in the war on terrorism.
SECTION 31. Subsection (b), Section 531.02492, Government
Code, is amended to read as follows:
(b) The commission shall electronically publish on the
commission's Internet website [prepare and deliver] a biennial
report and, on or before the date the report is due, shall notify
[to] the governor, the lieutenant governor, the speaker of the
house of representatives, the comptroller, the Legislative Budget
Board, and the appropriate legislative committees that the report
is available on the commission's Internet website. The report must
address [on] the efforts of the health and human services agencies
to provide health and human services to children younger than six
years of age. The report may contain recommendations by the
commission to better coordinate state agency programs relating to
the delivery of health and human services to children younger than
six years of age and may propose joint agency collaborative
programs.
SECTION 32. Subsection (c), Section 531.103, Government
Code, is amended to read as follows:
(c) The commission and the office of the attorney general
shall jointly prepare and submit a semiannual report to the
governor, lieutenant governor, and speaker of the house of
representatives[, and comptroller] concerning the activities of
those agencies in detecting and preventing fraud, waste, and abuse
under the state Medicaid program or other program administered by
the commission or a health and human services agency. The report
may be consolidated with any other report relating to the same
subject matter the commission or office of the attorney general is
required to submit under other law.
SECTION 33. Subsection (e), Section 531.108, Government
Code, is amended to read as follows:
(e) The commission shall submit to the governor and
Legislative Budget Board an annual [a semiannual] report on the
results of computerized matching of commission information with
information from neighboring states, if any, and information from
the Texas Department of Criminal Justice. The report may be
consolidated with any other report relating to the same subject
matter the commission is required to submit under other law.
SECTION 34. Subsection (e), Section 614.102, Government
Code, is amended to read as follows:
(e) The director shall prepare an annual written report on
the activity, status, and effectiveness of the fund and shall
submit the report to the lieutenant governor and[,] the speaker of
the house of representatives[, and the comptroller] before November
1 of each year.
SECTION 35. Subsection (j), Section 661.202, Government
Code, is amended to read as follows:
(j) A state agency shall maintain [file] a written statement
[with the state auditor] covering the policies and procedures for
an extension of leave under Subsection (i) and shall make the
statement available to all agency employees. The state agency
shall provide a copy of the statement to the state auditor on
request.
SECTION 36. Subsection (a), Section 663.052, Government
Code, is amended to read as follows:
(a) The commission shall report to the legislature not later
than December 1 of each even-numbered year [legislative session].
SECTION 37. Section 802.301, Government Code, is amended by
adding Subsection (h) to read as follows:
(h) The board shall provide to the Legislative Budget Board a
copy of any actuarial impact statement required under this section.
SECTION 38. Subsections (c) and (d), Section 825.108,
Government Code, are amended to read as follows:
(c) A copy of the report required by Subsection (a) must be
filed with the governor, the lieutenant governor, the speaker of
the house of representatives, the State Pension Review Board, and
the legislative audit committee[, and the state auditor] no later
than December 15 of each year.
(d) A copy of the report required by Subsection (b) must be
filed with the governor, the lieutenant governor, the speaker of
the house of representatives, the State Pension Review Board, and
the legislative audit committee[, and the state auditor] no later
than March 1 of each year.
SECTION 39. Subsection (e), Section 825.407, Government
Code, is amended to read as follows:
(e) After the end of each fiscal year, the retirement system
shall report to the comptroller of public accounts [and the State
Auditor] the name of any general academic teaching institution and
any medical and dental unit delinquent in the reimbursement of
contributions under this section for the preceding fiscal year and
the amount by which each reported institution or unit is
delinquent.
SECTION 40. Subsection (b), Section 1231.086, Government
Code, is amended to read as follows:
(b) On November 15 of each year, the board shall send to the
lieutenant governor, the speaker of the house, and each member of
the legislature[, and the joint committee] a report of the
information received under this subchapter for the fiscal year
ending August 31 of that year.
SECTION 41. Subsection (d), Section 2054.1015, Government
Code, is amended to read as follows:
(d) A state agency shall notify the department and[,] the
Legislative Budget Board[, and the state auditor's office] if the
agency makes a substantive change to a planned procurement schedule
for commodity items.
SECTION 42. Section 2102.0091, Government Code, is amended
by amending Subsections (a) and (c) and adding Subsection (d) to
read as follows:
(a) A state agency shall file with the Sunset Advisory
Commission, the Governor's Office of Budget, Planning, and Policy
[budget division of the governor's office], the state auditor, and
the Legislative Budget Board a copy of each report submitted to the
state agency's governing board or the administrator of the state
agency if the state agency does not have a governing board by the
agency's internal auditor.
(c) In addition to the requirements of Subsection (a), a
state agency shall file with the Governor's Office of Budget,
Planning, and Policy [budget division of the governor's office],
the state auditor, and the Legislative Budget Board any action plan
or other response issued by the state agency's governing board or
the administrator of the state agency if the state agency does not
have a governing board in response to the report of the state
agency's internal auditor.
(d) If the state agency does not file the report as required
by this section, the Legislative Budget Board or the Governor's
Office of Budget, Planning, and Policy may take appropriate action
to compel the filing of the report.
SECTION 43. Section 2165.055, Government Code, is amended
to read as follows:
Sec. 2165.055. REPORT ABOUT IMPROVEMENTS AND REPAIRS. Not
later than December 1 of each even-numbered year, the [The]
commission [biennially on December 1st] shall report to the
governor:
(1) all improvements and repairs that have been made,
with an itemized account of receipts and expenditures; and
(2) the condition of all property under its control,
with an estimate of needed improvements and repairs.
SECTION 44. Subsections (f) and (h), Section 2165.1061,
Government Code, are amended to read as follows:
(f) The commission shall conduct a study of the commission's
efforts to colocate administrative office space at least once each
fiscal biennium and shall include the findings of the study in the
commission's master facilities plan required under Section
2166.102 [report the findings to the Governor's Office of Budget
and Planning, the Legislative Budget Board, and the comptroller not
later than July 1 of each even-numbered year].
(h) In addition to the requirements of Subsection (f), not
later than July 1 of each even-numbered year, the commission shall
complete a study on the amount of each state agency's
administrative office space in Travis County to identify locations
that exceed the space limitations prescribed by Section 2165.104(c)
and include the findings of the study in the commission's master
facilities plan required under Section 2166.102 [report the
findings to the Governor's Office of Budget and Planning, the
Legislative Budget Board, and the comptroller]. The findings
[report] shall include:
(1) the location of office space that exceeds the
space limitations prescribed by Section 2165.104(c);
(2) the amount of excess space;
(3) the cost of the excess space;
(4) the expiration dates of any leases covering the
excess space;
(5) the amount of exempt and nonexempt space under
Section 2165.104(c); and
(6) recommendations for the most cost-effective
method by which a state agency could comply with the requirements of
Section 2165.104(c), including recommendations that identify the
amount and cost of office space that could be reduced or eliminated,
state the moving costs and expenses associated with reductions in
space, and state the earliest date by which the space reductions
could be feasibly achieved.
SECTION 45. Subsections (d) and (e), Section 2166.101,
Government Code, are amended to read as follows:
(d) The commission shall summarize its findings on the
status of state-owned buildings and current information on
construction costs and include the summary in the commission's
master facilities plan required under Section 2166.102 [in a report
it shall make available to the governor, the legislature, and the
state's budget offices].
(e) State agencies, departments, and institutions shall
cooperate with the commission in providing any [the] information
needed by the commission to comply with this section [necessary for
the report].
SECTION 46. The heading to Section 2166.103, Government
Code, is amended to read as follows:
Sec. 2166.103. FINDINGS ON [BIENNIAL REPORT ON] SPACE
NEEDS.
SECTION 47. Subsection (b), Section 2166.103, Government
Code, is amended to read as follows:
(b) The [Before each legislative session, the] commission
shall identify [send to the governor, the lieutenant governor, the
speaker of the house of representatives, and the Legislative Budget
Board a report identifying] counties in which more than 50,000
square feet of usable office space is needed and make [the
commission's] recommendations for meeting that need. The
commission may recommend leasing or purchasing and renovating one
or more existing buildings or constructing one or more buildings.
The commission shall include the commission's findings and
recommendations in the commission's master facilities plan
required under Section 2166.102.
SECTION 48. The heading to Section 2166.104, Government
Code, is amended to read as follows:
Sec. 2166.104. SUMMARY OF [BIENNIAL REPORT ON] REQUESTED
PROJECTS.
SECTION 49. Subsections (a), (b), and (d), Section
2166.104, Government Code, are amended to read as follows:
(a) The [On or before a date specified by the state's budget
agencies in each year immediately preceding a regular session of
the legislature, the] commission shall compile a list of and
summarize [send to the budget agencies a report listing] all
projects requested under Subchapter D. The commission shall
include the summary in the commission's master facilities plan
required under Section 2166.102.
(b) The summary [report] must include [contain]:
(1) a brief and specific justification prepared by the
using agency for each project;
(2) a summary of the project analysis or, if the
analysis was not made, a statement briefly describing the method
used to estimate costs for the project;
(3) a project cost estimate developed in accordance
with Subchapter D, detailed enough to allow the budget agencies,
the governor, and the legislature the widest possible latitude in
developing policy regarding each project request;
(4) an estimate, prepared by the commission with the
cooperation of both the using agency and any private design
professional retained, of the annual cost of maintaining the
completed project, including the estimated cost of utility
services; and
(5) an estimate, prepared by the using agency, of the
annual cost of staffing and operating the completed project,
excluding maintenance cost.
(d) If a using agency requests three or more projects, it
shall designate its priority rating for each project. The budget
agencies shall, with the commission's cooperation, develop
detailed instructions to implement the priority system required by
this subsection. The commission's summary [report] must show the
designated priority of each project to which a priority rating has
been assigned.
SECTION 50. Subchapter I, Chapter 2166, Government Code, is
amended by adding Section 2166.409 to read as follows:
Sec. 2166.409. STATE AGENCY ENERGY SAVINGS PROGRAM.
(a) Each state agency shall develop a plan for conserving energy
that includes a percentage goal for reducing the agency's use of
electricity, gasoline, and natural gas.
(b) Each state agency shall file a quarterly report with the
governor and the Legislative Budget Board listing the goals
identified in the agency's energy conservation plan and a
description of the progress made by the agency in meeting those
goals. The report must include ideas for additional energy savings
developed by the agency.
(c) Each state agency shall make the report required under
Subsection (b) available to the public by posting the report in a
conspicuous place on the agency's Internet website.
SECTION 51. Subsection (c), Section 2205.039, Government
Code, is amended to read as follows:
(c) A state agency other than the Texas Department of
Transportation [board] shall send the agency's travel logs to the
department on an annual basis. An agency is not required to file a
travel log with the department if the agency did not operate an
aircraft during the period covered by the travel log [board each
month in which the agency operates an aircraft].
SECTION 52. Subsection (b), Section 2262.052, Government
Code, as amended by Chapters 309 (H.B. 3042) and 785 (S.B. 19), Acts
of the 78th Legislature, Regular Session, 2003, is reenacted to
read as follows:
(b) Subject to the legislative audit committee's approval
of including the work described by this subsection in the audit plan
under Section 321.013(c), the state auditor may:
(1) periodically monitor compliance with this
section;
(2) report any noncompliance to:
(A) the governor;
(B) the lieutenant governor;
(C) the speaker of the house of representatives;
and
(D) the team; and
(3) assist, in coordination with the attorney general
and the comptroller, a noncomplying state agency to comply with
this section.
SECTION 53. Subsection (c), Section 2306.0721, Government
Code, is amended to read as follows:
(c) The plan must include:
(1) an estimate and analysis of the housing needs of
the following populations in each uniform state service region:
(A) individuals and families of moderate, low,
very low, and extremely low income;
(B) individuals with special needs; and
(C) homeless individuals;
(2) a proposal to use all available housing resources
to address the housing needs of the populations described by
Subdivision (1) by establishing funding levels for all
housing-related programs;
(3) an estimate of the number of federally assisted
housing units available for individuals and families of low and
very low income and individuals with special needs in each uniform
state service region;
(4) a description of state programs that govern the
use of all available housing resources;
(5) a resource allocation plan that targets all
available housing resources to individuals and families of low and
very low income and individuals with special needs in each uniform
state service region;
(6) a description of the department's efforts to
monitor and analyze the unused or underused federal resources of
other state agencies for housing-related services and services for
homeless individuals and the department's recommendations to
ensure the full use by the state of all available federal resources
for those services in each uniform state service region;
(7) strategies to provide housing for individuals and
families with special needs in each uniform state service region;
(8) a description of the department's efforts to
encourage in each uniform state service region the construction of
housing units that incorporate energy efficient construction and
appliances;
(9) an estimate and analysis of the housing supply in
each uniform state service region;
(10) an inventory of all publicly and, where possible,
privately funded housing resources, including public housing
authorities, housing finance corporations, community housing
development organizations, and community action agencies;
(11) strategies for meeting rural housing needs;
(12) a biennial action plan for colonias that:
(A) addresses current policy goals for colonia
programs, strategies to meet the policy goals, and the projected
outcomes with respect to the policy goals; and
(B) includes information on the demand for
contract-for-deed conversions, services from self-help centers,
consumer education, and other colonia resident services in counties
some part of which is within 150 miles of the international border
of this state; and
(13) a summary of public comments received at a
hearing under this chapter or from another source that concern the
demand for colonia resident services described by Subdivision
(12)[; and
[(14) any other housing-related information that the
state is required to include in the one-year action plan of the
consolidated plan submitted annually to the United States
Department of Housing and Urban Development].
SECTION 54. Subsection (a), Section 2306.559, Government
Code, is amended to read as follows:
(a) The corporation shall file an annual report of the
financial activity of the corporation with the department. The
corporation's board of directors shall submit the report to the
governor, lieutenant governor, speaker of the house of
representatives, and comptroller[, and Legislative Budget Board].
SECTION 55. Subsection (a), Section 2306.560, Government
Code, is amended to read as follows:
(a) The corporation shall hire an independent certified
public accountant to audit the corporation's books and accounts for
each fiscal year. The corporation shall file a copy of the audit
with the department and shall submit the audit report to the
governor, lieutenant governor, speaker of the house of
representatives, comptroller, Bond Review Board, and State
Auditor's Office[, and Legislative Budget Board] not later than the
30th day after the submission date established in the General
Appropriations Act for the annual financial report.
SECTION 56. Section 103.013, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) The report required under Subsection (f) may be
published electronically on a state agency's Internet website. A
state agency that electronically publishes a report under this
subsection shall notify each agency entitled to receive a copy of
the report that the report is available on the agency's Internet
website on or before the date the report is due.
SECTION 57. Subsection (b), Section 161.0211, Health and
Safety Code, is amended to read as follows:
(b) The department may conduct those investigations to
determine the nature and extent of the disease or environmental
exposure believed to be harmful to the public health. Any findings
or determinations from such investigations that relate to
environmental exposures believed to be harmful to the public shall
be reported in writing to the Texas [Natural Resource Conservation]
Commission on Environmental Quality, and the two agencies shall
coordinate corrective measures as appropriate. The department
shall use generally accepted methods of epidemiology or toxicology
in the conduct of an investigation.
SECTION 58. Section 534.068, Health and Safety Code, is
amended by adding Subsections (a-1) and (g) to read as follows:
(a-1) The audit required under Subsection (a) may be
published electronically on an authority's Internet website. An
authority that electronically publishes an audit under this
subsection shall notify the department that the audit is available
on the authority's Internet website on or before the date the audit
is due.
(g) The report required under Subsection (f) may be
published electronically on the department's Internet website. The
department shall notify each entity entitled to receive a copy of
the report that the report is available on the department's
Internet website on or before the date the report is due.
SECTION 59. Subsection (b), Section 22.0251, Human
Resources Code, is amended to read as follows:
(b) The department shall submit to the governor and[,] the
Legislative Budget Board[, and the Health and Human Services
Commission] a semiannual report detailing the department's
progress in reaching its goals under Subsection (a)(2). The report
may be consolidated with any other report relating to the same
subject that the department is required to submit under other law.
SECTION 60. Subsection (b), Section 22.0252, Human
Resources Code, is amended to read as follows:
(b) The department shall submit to the governor and[,] the
Legislative Budget Board an annual[, and the Health and Human
Services Commission a semiannual] report on the operation and
success of the telephone collection program. The report may be
consolidated with any other report relating to the same subject
that the department is required to submit under other law.
SECTION 61. Subsection (d), Section 22.0292, Human
Resources Code, is amended to read as follows:
(d) The department shall submit to the governor and[,] the
Legislative Budget Board an annual[, and the Health and Human
Services Commission a semiannual] report on the operation and
success of the information matching system required by this
section. The report may be consolidated with any other report
relating to the same subject matter the department is required to
submit under other law.
SECTION 62. Section 51.006, Human Resources Code, is
amended to read as follows:
Sec. 51.006. REPORT. (a) Not later than November 1 of each
even-numbered year, the department shall publish a report that
summarizes reports from family violence centers under contract with
the department and that analyzes the effectiveness of the contracts
authorized by this chapter. The reports must include information
on the expenditure of funds authorized under this chapter, the
services provided, the number of persons for whom a service was
provided, and any other information relating to the provision of
family violence services. The report may be combined with the
report required by Section 21.011. Copies of the report shall be
submitted to the governor, the lieutenant governor, the speaker of
the house of representatives, the Legislative Budget Board, and the
standing committees of the senate and house of representatives
having primary jurisdiction over the department.
(b) The report required under Subsection (a) may be
published electronically on the department's Internet website. The
department shall notify each agency entitled to receive a copy of
the report that the report is available on the department's
Internet website on or before the date the report is due.
SECTION 63. Subsection (a), Section 114.008, Human
Resources Code, is amended to read as follows:
(a) The agencies represented on the council and the public
members shall report to the council any requirements identified by
the agency or person to provide additional or improved services to
persons with autism or other pervasive developmental
disorders. Not later than November 1 of each even-numbered year,
the council shall prepare and deliver to the executive commissioner
of the Health and Human Services Commission, the governor, the
lieutenant governor, and the speaker of the house of
representatives a report summarizing the recommendations.
SECTION 64. Section 122.022, Human Resources Code, is
amended to read as follows:
Sec. 122.022. REPORTS. (a) On or before November 1 of each
year, the council shall file with the governor and the presiding
officer of each house of the legislature a copy of the annual
financial report prepared by the council under Section 2101.011,
Government Code [complete and detailed written report accounting
for all funds received and disbursed by the council during the
preceding year. The annual report must meet the reporting
requirements applicable to financial reporting provided in the
General Appropriations Act].
(b) As part of the report filed under Subsection (a), the
council shall provide [The report submitted under this section must
include]:
(1) the number of persons with disabilities, according
to their type of disability, who are employed in community
rehabilitation programs participating in the programs established
by this chapter or who are employed by businesses or workshops that
receive supportive employment from community rehabilitation
programs;
(2) the amount of annual wages paid to a person
participating in the program;
(3) a summary of the sale of products offered by a
community rehabilitation program;
(4) a list of products and services offered by a
community rehabilitation program;
(5) the geographic distribution of the community
rehabilitation programs;
(6) the number of nondisabled workers who are employed
in community rehabilitation programs under this chapter; and
(7) the average and range of weekly earnings for
disabled and nondisabled workers who are employed in community
rehabilitation programs under this chapter.
SECTION 65. Subsection (g), Section 134.0041, Human
Resources Code, is amended to read as follows:
(g) A state agency or medical school affected by the plan
shall use the plan as the basis for its request for appropriations
during the next biennium unless the agency or school disagrees with
the plan. If the agency or school disagrees with the plan or
intends to deviate from the plan in its budget request, the agency
or school shall submit to the council[, Legislative Budget Board,]
and the Governor's Office of Budget, Planning, and Policy
[governor's budget office] a written explanation of each
disagreement or deviation and the reason for the disagreement or
deviation. The state agency or medical school must submit the
written explanation not later than November 1 of the year in which
the plan is prepared.
SECTION 66. Subsection (a), Section 32.021, Insurance Code,
is amended to read as follows:
(a) The department shall file annually with the governor and
the presiding officer of each house of the legislature a complete
and detailed written report that includes:
(1) [an accounting of all funds received and disbursed
by the department during the preceding fiscal year;
[(2)] a description of the commissioner's official
acts;
(2) [(3)] a description of the condition of companies
doing business in this state; and
(3) [(4)] other information that exhibits the affairs
of the department.
SECTION 67. Subsection (d), Section 21.003, Labor Code, is
amended to read as follows:
(d) The commission at least annually shall make a
comprehensive written report on the commission's activities to the
governor and to the legislature.
SECTION 68. The heading to Section 21.553, Labor Code, is
amended to read as follows:
Sec. 21.553. COOPERATION WITH COMPTROLLER AND UNIFORM
STATEWIDE ACCOUNTING SYSTEM; REPORT [TO LEGISLATURE].
SECTION 69. Subsection (b), Section 21.553, Labor Code, is
amended to read as follows:
(b) The commission shall conduct an analysis of the
information reported to the commission under this subchapter and
report the results of that analysis to the legislature, the
Legislative Budget Board, and the governor not later than January 1
of each odd-numbered year [the fifth day of each regular session of
the legislature]. The report required under this subsection must
be written in plain language.
SECTION 70. Subsection (b), Section 506.002, Labor Code, is
amended to read as follows:
(b) The workers' compensation division of the office of the
attorney general shall send to the comptroller [and the state
auditor] a copy of each statement of amounts due from an agency or
other instrumentality of state government that, with funds that are
held outside the state treasury, reimburses the general revenue
fund for workers' compensation payments made out of the general
revenue fund.
SECTION 71. The heading to Section 91.1135, Natural
Resources Code, is amended to read as follows:
Sec. 91.1135. OIL AND GAS REGULATION AND [OIL-FIELD]
CLEANUP FUND ADVISORY COMMITTEE.
SECTION 72. Subsections (a), (d), (e), (f), and (g),
Section 91.1135, Natural Resources Code, are amended to read as
follows:
(a) In this section, "committee" means the Oil and Gas
Regulation and [Oil-Field] Cleanup Fund Advisory Committee.
(d) The committee shall:
(1) meet at least quarterly with the commission;
(2) receive information about rules proposed by the
commission relating to the oil and gas regulation and [oil-field]
cleanup fund;
(3) review recommendations for legislation proposed
by the commission; and
(4) monitor the effectiveness of the oil and gas
regulation and [oil-field] cleanup fund.
(e) The commission shall provide quarterly reports to the
committee and the Legislative Budget Board that include:
(1) the following information with respect to the
period since the last report was provided as well as cumulatively:
(A) the amount of money deposited in the oil and
gas regulation and [oil-field] cleanup fund;
(B) the amount of money spent from the fund;
(C) the balance of the fund;
(D) the number of wells plugged with money from
the fund;
(E) the number of sites remediated with money
from the fund; and
(F) the number of wells abandoned; and
(2) any additional information or data requested in
writing by the committee.
(f) The committee may:
(1) submit to the commission comments of the committee
regarding proposed rules relating to the oil and gas regulation and
[oil-field] cleanup fund; and
(2) request reports and other information from the
commission as necessary to implement this section.
(g) Not later than November 15 of each even-numbered year,
the committee shall report to the governor, lieutenant governor,
and speaker of the house of representatives on the committee's
activities. The report must include:
(1) an analysis of any problems with the
administration of the oil and gas regulation and [oil-field]
cleanup fund; and
(2) recommendations for any legislation needed to
address any problems identified with the administration of the fund
or otherwise needed to further the purposes of the fund.
SECTION 73. Section 141.079, Natural Resources Code, is
amended to read as follows:
Sec. 141.079. REPORT TO LEGISLATURE. Not later than
January 1 of each odd-numbered year [During the first 30 days of
each regular session of the legislature], the commissioner shall
report to the legislature on the status of the exploration,
development, and production of geothermal energy and associated
resources under the land governed by this subchapter.
SECTION 74. Section 161.2111, Natural Resources Code, is
amended to read as follows:
Sec. 161.2111. REPORT TO BOND REVIEW BOARD. With respect to
purchases made under this chapter, the Veterans' Land Board shall
file annually [semiannually] with the Bond Review Board a report on
the performance of loans made by the Veterans' Land Board in
connection with the purchases. The Bond Review Board shall review
the reports filed by the Veterans' Land Board under this section to
assess the performance of loans made under this chapter. The filing
dates and the contents of the reports must comply with any rules
adopted by the Bond Review Board.
SECTION 75. Subsection (e), Section 162.003, Natural
Resources Code, is amended to read as follows:
(e) With respect to loans made under the program, the
Veterans' Land Board shall file annually [semiannually] with the
Bond Review Board a report on the performance of the loans. The
Bond Review Board shall review the reports filed by the Veterans'
Land Board under this subsection to assess the performance of loans
made under the program. The filing dates and the contents of the
reports must comply with any rules adopted by the Bond Review Board.
SECTION 76. Section 651.162, Occupations Code, is amended
to read as follows:
Sec. 651.162. BIENNIAL REPORT [ANNUAL REPORTS].
[(b)] The commission shall file biennially [annually] with
the governor a written description of the activities of the
commission during the two preceding fiscal years [year].
SECTION 77. Subsection (c), Section 228.012,
Transportation Code, is amended to read as follows:
(c) Not later than January 1 of each odd-numbered year, the
department shall submit to the Legislative Budget Board and the
Governor's Office of Budget, Planning, and Policy[, in the format
prescribed by the Legislative Budget Board,] a report on cash
balances in the subaccounts created under this section and
expenditures made with money in those subaccounts. The report must
be in the form prescribed by the Legislative Budget Board.
SECTION 78. Subsection (a), Section 456.008,
Transportation Code, is amended to read as follows:
(a) Not later than January 1 of each year, the [The]
commission by rule shall prepare and issue to the legislature a
report on [the performance of] public transportation providers in
this state that received state or federal funding during the
previous 12-month period. A [The commission shall issue a] report
under this section must:
(1) detail the performance of the transportation
providers during the preceding state fiscal year; and
(2) include, as to each transportation provider,
monthly data on industry-utilized standards that best reflect
ridership, mileage, revenue by source, and service effectiveness
[at least once each state fiscal year].
SECTION 79. Section 12.203, Utilities Code, is amended to
read as follows:
Sec. 12.203. BIENNIAL [ANNUAL] REPORT. Not later than
January 15 of each odd-numbered [(a) The commission shall prepare
annually a complete and detailed written report accounting for all
funds received and disbursed by the commission during the preceding
fiscal year. The annual report must meet the reporting
requirements applicable to financial reporting in the General
Appropriations Act.
[(b) In the annual report issued in the] year [preceding the
convening of each regular session of the legislature], the
commission shall prepare a written report that includes [make]
suggestions regarding modification and improvement of the
commission's statutory authority and for the improvement of utility
regulation in general that the commission considers appropriate for
protecting and furthering the interest of the public.
SECTION 80. Subsection (c), Section 1, Chapter 413 (H.B.
1966), Acts of the 81st Legislature, Regular Session, 2009, is
amended to read as follows:
(c) Not later than December 1 of each year[, 2009], the
Health and Human Services Commission shall submit an annual
[initial] report to the governor and the Legislative Budget Board
regarding [detailing] the e-prescribing implementation plan
developed under this section. The report must include the
projected expenditures and cost savings anticipated for the plan
during the state fiscal year and the total expenditures associated
with and cost savings realized from the plan to date. This
subsection expires January 1, 2015.
SECTION 81. Section 34, Chapter 1409 (H.B. 4586), Acts of
the 81st Legislature, Regular Session, 2009, is amended by adding
Subsection (d) to read as follows:
(d) After an agency or institution that receives money
available under the American Recovery and Reinvestment Act has
spent all the money received under that Act and completed all
projects related to that Act, the agency or institution is no longer
required to submit reports related to the agency's receipt of that
money to the Legislative Budget Board.
SECTION 82. The following provisions are repealed:
(1) Subsection (e), Section 22.004, Education Code;
(2) Subsections (b) and (c), Section 54.777, Education
Code;
(3) Subsection (d), Section 61.0761, Education Code;
(4) Subsection (d), Section 74.004, Education Code;
(5) Section 152.005, Education Code;
(6) Section 152.006, Education Code;
(7) Section 59.012, Family Code;
(8) Subsection (d), Section 21.007, Government Code;
(9) Subsection (e), Section 21.008, Government Code;
(10) Subsection (c), Section 411.0097, Government
Code, as added by Chapter 556 (H.B. 1239), Acts of the 79th
Legislature, Regular Session, 2005;
(11) Section 499.028, Government Code;
(12) Section 825.510, Government Code;
(13) Section 825.518, Government Code;
(14) Subsections (d) and (e), Section 2161.121,
Government Code;
(15) Subsection (e), Section 2165.2035, Government
Code;
(16) Subsection (d), Section 2306.560, Government
Code;
(17) Subsection (f), Section 101.0061, Human
Resources Code;
(18) Subsection (b), Section 221.012, Human Resources
Code;
(19) Subsection (c), Section 1575.170, Insurance
Code;
(20) Subsection (b), Section 205.019, Labor Code;
(21) Subsection (b), Section 6.156, Water Code;
(22) Section 26.051, Water Code;
(23) Section 26.561, Water Code;
(24) Subsection (g), Section 21A, Texas Local Fire
Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
Statutes);
(25) Subsection (d), Section 1, Chapter 413 (H.B.
1966), Acts of the 81st Legislature, Regular Session, 2009; and
(26) Section 46, Chapter 1130 (H.B. 2086), Acts of the
81st Legislature, Regular Session, 2009.
SECTION 83. This Act takes effect September 1, 2013.
* * * * *