Texas 2015 84th Regular

Texas Senate Bill SB1013 Introduced / Bill

Filed 03/06/2015

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                    84R9784 SCL-D
 By: Bettencourt S.B. No. 1013


 A BILL TO BE ENTITLED
 AN ACT
 relating to periodic zero-based budgeting for certain political
 subdivisions.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter A, Chapter 44, Education Code, is
 amended by adding Section 44.0025 to read as follows:
 Sec. 44.0025.  PERIODIC ZERO-BASED BUDGET REQUIRED;
 CONTENTS. (a) This section applies only to a school district with
 a student enrollment of 50,000 or more.
 (b)  In addition to the annual itemized budget required under
 Section 44.002, the superintendent shall prepare a zero-based
 budget every 12th year that contains:
 (1)  a description of the discrete activities the
 school district conducts or performs with:
 (A)  a justification for each activity by
 reference to a statute, rule, or other legal authority; and
 (B)  an evaluation of the effectiveness and
 efficiency of the district's policies, management, fiscal affairs,
 and operations in relation to each activity;
 (2)  for each activity identified under Subdivision
 (1), a quantitative estimate of any adverse effects that reasonably
 may be expected to result if the activity were discontinued,
 together with a description of the methods by which the adverse
 effects were estimated;
 (3)  for each activity identified under Subdivision
 (1), an itemized account of expenditures required to maintain the
 activity at any minimum level of service required by statute, rule,
 or other legal authority, together with a concise statement of the
 quantity and quality of service required at that minimum level;
 (4)  for each activity identified under Subdivision
 (1), an itemized account of expenditures required to maintain the
 activity at the current level of service or performance, together
 with a concise statement of the quantity and quality of service or
 performance provided at that level;
 (5)  a ranking of activities identified under
 Subdivision (1) that illustrates the relative importance of each
 activity to the overall goals and purposes of the school district at
 current service levels; and
 (6)  recommendations to the board of trustees of the
 school district regarding whether the district should continue
 funding each activity identified under Subdivision (1) and, if so,
 at what level.
 (c)  In preparing the zero-based budget, the superintendent
 may require any school district officer or employee to provide
 information necessary for the superintendent to properly prepare
 the budget.
 (d)  The superintendent shall file a copy of the zero-based
 budget with the agency on or before the date the proposed budget is
 filed, and the copy of the zero-based budget shall be available for
 public inspection in the school district's central administrative
 office. If the district maintains an Internet website, the
 district shall take action to ensure that the zero-based budget is
 posted on the website.
 (e)  At a public meeting held to adopt a budget under this
 subchapter, the board of trustees of the school district shall
 consider information presented in the zero-based budget in addition
 to the proposed budget.
 SECTION 2.  Chapter 102, Local Government Code, is amended
 by adding Section 102.0055 to read as follows:
 Sec. 102.0055.  PERIODIC ZERO-BASED BUDGET REQUIRED;
 CONTENTS. (a) This section applies only to a municipality with a
 population of 225,000 or more.
 (b)  In addition to the annual itemized budget required under
 Section 102.003, the budget officer shall prepare a zero-based
 budget every 12th year that contains:
 (1)  a description of the discrete activities the
 municipality conducts or performs with:
 (A)  a justification for each activity by
 reference to a statute, charter provision, ordinance, or other
 legal authority; and
 (B)  an evaluation of the effectiveness and
 efficiency of the municipality's policies, management, fiscal
 affairs, and operations in relation to each activity;
 (2)  for each activity identified under Subdivision
 (1), a quantitative estimate of any adverse effects that reasonably
 may be expected to result if the activity were discontinued,
 together with a description of the methods by which the adverse
 effects were estimated;
 (3)  for each activity identified under Subdivision
 (1), an itemized account of expenditures required to maintain the
 activity at any minimum level of service required by statute,
 charter provision, ordinance, or other legal authority, together
 with a concise statement of the quantity and quality of service
 required at that minimum level;
 (4)  for each activity identified under Subdivision
 (1), an itemized account of expenditures required to maintain the
 activity at the current level of service or performance, together
 with a concise statement of the quantity and quality of service or
 performance provided at that level;
 (5)  a ranking of activities identified under
 Subdivision (1) that illustrates the relative importance of each
 activity to the overall goals and purposes of the municipality at
 current service levels; and
 (6)  recommendations to the governing body of the
 municipality regarding whether the municipality should continue
 funding each activity identified under Subdivision (1) and, if so,
 at what level.
 (c)  In preparing the zero-based budget, the budget officer
 may require any municipal officer or board to provide information
 necessary for the budget officer to properly prepare the budget.
 (d)  The budget officer shall file a copy of the zero-based
 budget with the municipal clerk on or before the date the proposed
 budget is filed, and the copy of the zero-based budget shall be
 available for public inspection. If the municipality maintains an
 Internet website, the municipal clerk shall take action to ensure
 that the zero-based budget is posted on the website.
 (e)  At a public hearing held to adopt a budget under this
 subchapter, the governing body of the municipality shall consider
 information presented in the zero-based budget in addition to the
 proposed budget.
 SECTION 3.  Subchapter B, Chapter 111, Local Government
 Code, is amended by adding Section 111.0375 to read as follows:
 Sec. 111.0375.  PERIODIC ZERO-BASED BUDGET REQUIRED;
 CONTENTS. (a) In addition to the annual itemized budget required
 under Section 111.034, the county auditor shall prepare a
 zero-based budget every 12th year that contains:
 (1)  a description of the discrete activities the
 county conducts or performs with:
 (A)  a justification for each activity by
 reference to a statute, order, or other legal authority; and
 (B)  an evaluation of the effectiveness and
 efficiency of the county's policies, management, fiscal affairs,
 and operations in relation to each activity;
 (2)  for each activity identified under Subdivision
 (1), a quantitative estimate of any adverse effects that reasonably
 may be expected to result if the activity were discontinued,
 together with a description of the methods by which the adverse
 effects were estimated;
 (3)  for each activity identified under Subdivision
 (1), an itemized account of expenditures required to maintain the
 activity at any minimum level of service required by statute,
 order, or other legal authority, together with a concise statement
 of the quantity and quality of service required at that minimum
 level;
 (4)  for each activity identified under Subdivision
 (1), an itemized account of expenditures required to maintain the
 activity at the current level of service or performance, together
 with a concise statement of the quantity and quality of service or
 performance provided at that level;
 (5)  a ranking of activities identified under
 Subdivision (1) that illustrates the relative importance of each
 activity to the overall goals and purposes of the county at current
 service levels; and
 (6)  recommendations to the commissioners court of the
 county regarding whether the county should continue funding each
 activity identified under Subdivision (1) and, if so, at what
 level.
 (b)  In preparing the zero-based budget, the county auditor
 may require any district, county, or precinct officer of the county
 to provide information necessary for the auditor to properly
 prepare the budget.
 (c)  The county auditor shall file a copy of the zero-based
 budget with the county clerk on or before the date the proposed
 budget is filed, and the copy of the zero-based budget shall be
 available for public inspection. If the county maintains an
 Internet website, the county clerk shall take action to ensure that
 the zero-based budget is posted on the website.
 (d)  At a public hearing held to adopt a budget under this
 subchapter, the commissioners court shall consider information
 presented in the zero-based budget in addition to the proposed
 budget.
 SECTION 4.  Subchapter C, Chapter 111, Local Government
 Code, is amended by adding Section 111.0665 to read as follows:
 Sec. 111.0665.  PERIODIC ZERO-BASED BUDGET REQUIRED;
 CONTENTS. (a) This section applies only to a county with a
 population of 225,000 or more.
 (b)  In addition to the annual itemized budget required under
 Section 111.063, the budget officer shall prepare a zero-based
 budget every 12th year that contains:
 (1)  a description of the discrete activities the
 county conducts or performs with:
 (A)  a justification for each activity by
 reference to a statute, order, or other legal authority; and
 (B)  an evaluation of the effectiveness and
 efficiency of the county's policies, management, fiscal affairs,
 and operations in relation to each activity;
 (2)  for each activity identified under Subdivision
 (1), a quantitative estimate of any adverse effects that reasonably
 may be expected to result if the activity were discontinued,
 together with a description of the methods by which the adverse
 effects were estimated;
 (3)  for each activity identified under Subdivision
 (1), an itemized account of expenditures required to maintain the
 activity at any minimum level of service required by statute,
 order, or other legal authority, together with a concise statement
 of the quantity and quality of service required at that minimum
 level;
 (4)  for each activity identified under Subdivision
 (1), an itemized account of expenditures required to maintain the
 activity at the current level of service or performance, together
 with a concise statement of the quantity and quality of service or
 performance provided at that level;
 (5)  a ranking of activities identified under
 Subdivision (1) that illustrates the relative importance of each
 activity to the overall goals and purposes of the county at current
 service levels; and
 (6)  recommendations to the commissioners court of the
 county regarding whether the county should continue funding each
 activity identified under Subdivision (1) and, if so, at what
 level.
 (c)  In preparing the zero-based budget, the budget officer
 may require the county auditor or any other district, county, or
 precinct officer of the county to provide information necessary for
 the budget officer to properly prepare the budget.
 (d)  The budget officer shall file a copy of the zero-based
 budget with the county clerk and county auditor on or before the
 date the proposed budget is filed, and the copy of the zero-based
 budget shall be available for public inspection.
 (e)  At a public hearing held to adopt a budget under this
 subchapter, the commissioners court shall consider information
 presented in the zero-based budget in addition to the proposed
 budget.
 SECTION 5.  The board of trustees of a school district, a
 commissioners court, or a governing body of a municipality shall
 adopt an initial zero-based budget as described by Section 44.0025,
 Education Code, or Section 102.0055, 111.0375, or 111.0665, Local
 Government Code, as added by this Act, as applicable, for the fiscal
 year beginning on or after September 1, 2017.
 SECTION 6.  This Act takes effect September 1, 2015.