Texas 2015 - 84th Regular

Texas House Bill HB459 Compare Versions

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

Old	New	Differences
1	1	84R2104 CJC-F
2	2	By: Krause H.B. No. 459
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to zero-based budgeting for certain entities funded by
8	8	this state and submission of a zero-based budget by and performance
9	9	of a financial audit of an agency undergoing review by the Sunset
10	10	Advisory Commission.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 322.007, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 322.007. ESTIMATES AND REPORTS; SCHEDULED ZERO-BASED
15	15	BUDGET PLANNING. (a) Each institution, department, agency,
16	16	officer, employee, or agent of the state shall submit to the board
17	17	any estimate or report relating to appropriations requested by the
18	18	board or under the board's direction.
19	19	(b) The board shall adopt a schedule for the submission of
20	20	zero-based budget plans by institutions, departments, and agencies
21	21	of this state so that:
22	22	(1) one-third of the entities, or as near as possible
23	23	to one-third of the entities, are scheduled to submit a zero-based
24	24	budget plan before each regular legislative session; and
25	25	(2) each entity is scheduled to submit a zero-based
26	26	budget plan before every third regular legislative session.
27	27	(c) Each institution, department, and agency of this state
28	28	that receives an appropriation shall submit to the board a
29	29	zero-based budget plan in accordance with the schedule adopted
30	30	under Subsection (b). A zero-based budget plan must contain:
31	31	(1) a description of the discrete activities the
32	32	entity is charged with conducting or performing, together with a
33	33	justification for each activity by reference to a statute or other
34	34	legal authority;
35	35	(2) for each activity identified under Subdivision
36	36	(1), a quantitative estimate of any adverse effects that reasonably
37	37	may be expected to result if the activity were discontinued,
38	38	together with a description of the methods by which the adverse
39	39	effects were estimated;
40	40	(3) for each activity identified under Subdivision
41	41	(1), an itemized account of expenditures required to maintain the
42	42	activity at the minimum level of service required by the statute or
43	43	other legal authority, together with a concise statement of the
44	44	quantity and quality of service required at that minimum level;
45	45	(4) for each activity identified under Subdivision
46	46	(1), an itemized account of expenditures required to maintain the
47	47	activity at the current level of service, together with a concise
48	48	statement of the quantity and quality of service provided at that
49	49	level; and
50	50	(5) a ranking of activities identified under
51	51	Subdivision (1) that illustrates the relative importance of each
52	52	activity to the overall goals and purposes of the institution,
53	53	department, or agency at current service levels.
54	54	(d) Each zero-based budget plan and each estimate or report
55	55	shall be submitted at a time set by the board and in the manner and
56	56	form prescribed by board rules.
57	57	(e) Each zero-based budget plan and each [(c) An] estimate
58	58	or report required under this section is in addition to a budget
59	59	plan or an estimate or report required by other law, including those
60	60	estimates or reports relating to appropriations required by Chapter
61	61	401.
62	62	SECTION 2. Section 322.008(a), Government Code, is amended
63	63	to read as follows:
64	64	(a) Based on information provided under Section 322.007,
65	65	the [The] director, under the direction of the board, shall prepare
66	66	the general appropriations bill for introduction at each regular
67	67	legislative session.
68	68	SECTION 3. The heading to Section 325.007, Government Code,
69	69	is amended to read as follows:
70	70	Sec. 325.007. AGENCY REPORT TO COMMISSION; ZERO-BASED
71	71	BUDGET REPORTS.
72	72	SECTION 4. Section 325.007, Government Code, is amended by
73	73	amending Subsection (b) and adding Subsection (c) to read as
74	74	follows:
75	75	(b) Before November 1 of the odd-numbered year before the
76	76	year in which a state agency subject to this chapter is abolished,
77	77	the agency shall present to the commission a zero-based budget for
78	78	the state fiscal year that begins on the date the agency is
79	79	scheduled to be abolished that:
80	80	(1) describes the discrete activities the entity is
81	81	charged with conducting or performing, together with a
82	82	justification for each activity by reference to a statute or other
83	83	legal authority;
84	84	(2) for each activity identified under Subdivision
85	85	(1), provides a quantitative estimate of any adverse effects that
86	86	reasonably may be expected to result if the activity were
87	87	discontinued, together with a description of the methods by which
88	88	the adverse effects were estimated;
89	89	(3) for each activity identified under Subdivision
90	90	(1), provides an itemized account of expenditures required to
91	91	maintain the activity at the minimum level of service required by
92	92	the statute or other legal authority, together with a concise
93	93	statement of the quantity and quality of service required at that
94	94	minimum level;
95	95	(4) for each activity identified under Subdivision
96	96	(1), provides an itemized account of expenditures required to
97	97	maintain the activity at the current level of service, together
98	98	with a concise statement of the quantity and quality of service
99	99	provided at that level; and
100	100	(5) ranks activities identified under Subdivision (1)
101	101	in a manner that illustrates the relative importance of each
102	102	activity to the overall goals and purposes of the institution,
103	103	department, or agency at current service levels.
104	104	(c) The reports under this section [Subsection (a)] must be
105	105	submitted in electronic format only. The commission shall
106	106	prescribe the electronic format to be used.
107	107	SECTION 5. Chapter 325, Government Code, is amended by
108	108	adding Section 325.0074 to read as follows:
109	109	Sec. 325.0074. FINANCIAL AUDIT. The state auditor shall
110	110	conduct a financial audit under Section 321.0131 of each state
111	111	agency scheduled to be abolished on a date certain if not continued
112	112	in accordance with this chapter. The state auditor shall conduct
113	113	the audit at a time so that the completed audit may be sent to the
114	114	commission on September 1 of the odd-numbered year before the year
115	115	the agency is scheduled to be abolished.
116	116	SECTION 6. Section 401.0445(a), Government Code, is amended
117	117	to read as follows:
118	118	(a) The governor shall compile the biennial appropriation
119	119	budget using information:
120	120	(1) submitted to the governor in the uniform budget
121	121	estimate forms; [and]
122	122	(2) obtained at public hearings, from inspections, and
123	123	from other sources; and
124	124	(3) submitted to the Legislative Budget Board under
125	125	Section 322.007.
126	126	SECTION 7. (a) The changes in law made by Sections 1, 2, and
127	127	6 of this Act apply only in regard to information for developing a
128	128	biennial appropriation budget for a state fiscal biennium beginning
129	129	on or after the effective date of this Act.
130	130	(b) The changes in law made by Sections 4 and 5 of this Act
131	131	apply only in relation to the review by the Sunset Advisory
132	132	Commission of agencies scheduled to be abolished on or after
133	133	September 1, 2019, if not continued in accordance with Chapter 325,
134	134	Government Code, and in relation to any other agencies that by law
135	135	are reviewed during those review periods by the Sunset Advisory
136	136	Commission.
137	137	SECTION 8. This Act takes effect September 1, 2015.