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.