Texas 2015 - 84th Regular

Texas Senate Bill SB1433 Compare Versions

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

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1	1	84R11340 MCK-D
2	2	By: Hall S.B. No. 1433
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the identification of programs and activities in the
8	8	general appropriations bill and the review of state agency
9	9	performance and rules.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 322.008, Government Code, is amended by
12	12	adding Subsection (b-1) to read as follows:
13	13	(b-1) The general appropriations bill must, for each state
14	14	agency or other entity to which an appropriation is proposed under
15	15	the bill:
16	16	(1) include a line item for each specific program or
17	17	activity administered by the agency or entity or by an
18	18	organizational unit of the agency or entity, arranged according to
19	19	the agency's, entity's, or unit's organizational structure, except
20	20	that if a specific program or activity administered by the agency,
21	21	entity, or unit includes identifiable components or subprograms,
22	22	the bill must include a line item for each of those components or
23	23	subprograms;
24	24	(2) specify the amount of the proposed appropriation
25	25	for each line item; and
26	26	(3) include, for each line item that represents a
27	27	specific program or activity or, if applicable, each group of line
28	28	items representing the components or subprograms of a specific
29	29	program or activity:
30	30	(A) a description of the program or activity and
31	31	a citation to the authorization in law for the program or activity;
32	32	and
33	33	(B) a statement regarding whether the source of
34	34	the proposed appropriation is nondedicated general revenue money,
35	35	dedicated general revenue money, federal money, or another source.
36	36	SECTION 2. Sections 325.008(a) and (b), Government Code,
37	37	are amended to read as follows:
38	38	(a) Before January 1 of the year in which a state agency
39	39	subject to this chapter and its advisory committees are abolished,
40	40	the commission shall:
41	41	(1) review and take action necessary to verify the
42	42	reports submitted by the agency under Section 325.007;
43	43	(2) consult the Legislative Budget Board, the
44	44	Governor's Budget, Policy, and Planning Division, the State
45	45	Auditor, and the comptroller of public accounts, or their
46	46	successors, on the application to the agency of the criteria
47	47	provided in Section 325.011;
48	48	(3) have [conduct] a review of the agency based on the
49	49	criteria provided in Section 325.011 conducted by a private
50	50	performance auditor with whom the commission contracts under
51	51	Section 325.0081 and have the performance auditor prepare a written
52	52	report; and
53	53	(4) review the implementation of commission
54	54	recommendations contained in the reports presented to the
55	55	legislature during the preceding legislative session and the
56	56	resulting legislation.
57	57	(b) The written report prepared by the performance auditor
58	58	[commission] under Subsection (a)(3) is a public record.
59	59	SECTION 3. Chapter 325, Government Code, is amended by
60	60	adding Section 325.0081 to read as follows:
61	61	Sec. 325.0081. PERFORMANCE AUDITOR CONTRACT. The
62	62	commission shall contract with a person to perform the performance
63	63	audits required by this chapter. The contract must require the
64	64	auditor to conduct the performance audits as prescribed by this
65	65	chapter.
66	66	SECTION 4. Section 325.010(b), Government Code, is amended
67	67	to read as follows:
68	68	(b) In the report the commission shall include:
69	69	(1) the performance auditor's [its] findings regarding
70	70	the criteria prescribed by Section 325.011;
71	71	(2) its recommendations based on the matters
72	72	prescribed by Section 325.012; and
73	73	(3) other information the commission considers
74	74	necessary for a complete review of the agency.
75	75	SECTION 5. Section 325.011, Government Code, is amended to
76	76	read as follows:
77	77	Sec. 325.011. CRITERIA FOR REVIEW. The commission, [and]
78	78	its staff, and the performance auditor shall consider the following
79	79	criteria in determining whether a public need exists for the
80	80	continuation of a state agency or its advisory committees or for the
81	81	performance of the functions of the agency or its advisory
82	82	committees:
83	83	(1) the efficiency and effectiveness with which the
84	84	agency or the advisory committee operates;
85	85	(2)(A) an identification of the mission, goals, and
86	86	objectives intended for the agency or advisory committee and of the
87	87	problem or need that the agency or advisory committee was intended
88	88	to address; and
89	89	(B) the extent to which the mission, goals, and
90	90	objectives have been achieved and the problem or need has been
91	91	addressed;
92	92	(3)(A) an identification of any activities of the
93	93	agency in addition to those granted by statute and of the authority
94	94	for those activities; and
95	95	(B) the extent to which those activities are
96	96	needed;
97	97	(4) an assessment of authority of the agency relating
98	98	to fees, inspections, enforcement, and penalties;
99	99	(5) whether less restrictive or alternative methods of
100	100	performing any function that the agency performs could adequately
101	101	protect or provide service to the public;
102	102	(6) the extent to which the jurisdiction of the agency
103	103	and the programs administered by the agency overlap or duplicate
104	104	those of other agencies, the extent to which the agency coordinates
105	105	with those agencies, and the extent to which the programs
106	106	administered by the agency can be consolidated with the programs of
107	107	other state agencies;
108	108	(7) the promptness and effectiveness with which the
109	109	agency addresses complaints concerning entities or other persons
110	110	affected by the agency, including an assessment of the agency's
111	111	administrative hearings process;
112	112	(8) an assessment of the agency's rulemaking process
113	113	and the extent to which the agency has encouraged participation by
114	114	the public in making its rules and decisions and the extent to which
115	115	the public participation has resulted in rules that benefit the
116	116	public;
117	117	(9) the extent to which the agency has complied with:
118	118	(A) federal and state laws and applicable rules
119	119	regarding equality of employment opportunity and the rights and
120	120	privacy of individuals; and
121	121	(B) state law and applicable rules of any state
122	122	agency regarding purchasing guidelines and programs for
123	123	historically underutilized businesses;
124	124	(10) the extent to which the agency issues and
125	125	enforces rules relating to potential conflicts of interest of its
126	126	employees;
127	127	(11) the extent to which the agency complies with
128	128	Chapters 551 and 552 and follows records management practices that
129	129	enable the agency to respond efficiently to requests for public
130	130	information;
131	131	(12) the effect of federal intervention or loss of
132	132	federal funds if the agency is abolished; and
133	133	(13) the extent to which the purpose and effectiveness
134	134	of reporting requirements imposed on the agency justifies the
135	135	continuation of the requirement.
136	136	SECTION 6. Section 325.0127, Government Code, is amended by
137	137	adding Subsection (c) to read as follows:
138	138	(c) Each state agency reviewed under this chapter shall pay
139	139	the costs incurred by the commission in performing the review. The
140	140	commission shall determine the costs of the review, and the agency
141	141	shall pay the amount of those costs promptly on receipt of a
142	142	statement from the commission regarding those costs. Any reduction
143	143	in the state agency's operating expenses that result from
144	144	implementing the performance auditor's recommendations shall be
145	145	used to pay for the cost of the performance review.
146	146	SECTION 7. Sections 325.019(b) and (c), Government Code,
147	147	are amended to read as follows:
148	148	(b) In carrying out its functions under this chapter, the
149	149	commission, [or] its designated staff member, the performance
150	150	auditor, or an employee of the performance auditor may attend any
151	151	meetings and proceedings of any state agency, including any meeting
152	152	or proceeding of the governing body of the agency that is closed to
153	153	the public, and may inspect the records, documents, and files of any
154	154	state agency, including any record, document, or file that is:
155	155	(1) attorney work product;
156	156	(2) an attorney-client communication; or
157	157	(3) made privileged or confidential by law.
158	158	(c) It is the intent of the legislature to allow the
159	159	commission, [and] its designated staff members, the performance
160	160	auditor, or an employee of the performance auditor to have access to
161	161	all meetings or proceedings of a state agency being reviewed by the
162	162	commission under this chapter and to all records, documents, and
163	163	files of that agency. To the extent that this section conflicts
164	164	with other law that purports to limit the commission's or auditor's
165	165	access to meetings or proceedings or to records, documents, and
166	166	files, this section controls. If federal law prohibits a state
167	167	agency from disclosing information in a record, document, or file
168	168	to the commission or auditor, including information in a record,
169	169	document, or file created as a result of or considered during a
170	170	meeting or proceeding, the state agency may redact the protected
171	171	information from the record, document, or file.
172	172	SECTION 8. Sections 325.0195(a), (b), (c), and (d),
173	173	Government Code, are amended to read as follows:
174	174	(a) A working paper, including all documentary or other
175	175	information, prepared or maintained by the commission staff or the
176	176	performance auditor in performing [its] duties under this chapter
177	177	or other law to conduct an evaluation and prepare a report is
178	178	excepted from the public disclosure requirements of Section
179	179	552.021.
180	180	(b) A record held by another entity that is considered to be
181	181	confidential by law and that the commission or the performance
182	182	auditor receives in connection with the performance of the
183	183	commission's or auditor's duties [functions] under this chapter or
184	184	another law remains confidential and is excepted from the public
185	185	disclosure requirements of Section 552.021.
186	186	(c) A state agency that provides the commission or the
187	187	performance auditor with access to a privileged or confidential
188	188	communication, record, document, or file under Section 325.019 for
189	189	purposes of a review under this chapter does not waive the
190	190	attorney-client privilege, or any other privilege or
191	191	confidentiality requirement protected or required by the Texas
192	192	Constitution, common law, statutory law, or rules of evidence,
193	193	procedure, or professional conduct, with respect to the
194	194	communication, record, document, or file provided to the commission
195	195	or auditor. For purposes of this subsection, a communication
196	196	includes a discussion that occurs at a meeting or proceeding of the
197	197	state agency that is closed to the public.
198	198	(d) The state agency may require the commission, [or] the
199	199	members of the commission's staff, the performance auditor, or the
200	200	employees of the performance auditor who view, handle, or are privy
201	201	to information, or who attend a meeting that is not accessible to
202	202	the public, to sign a confidentiality agreement that covers the
203	203	information and requires that:
204	204	(1) the information not be disclosed outside the
205	205	commission or the auditor's office for purposes other than the
206	206	purpose for which it was received;
207	207	(2) the information be labeled as confidential;
208	208	(3) the information be kept securely; and
209	209	(4) the number of copies made of the information or the
210	210	notes taken from the information that implicate the confidential
211	211	nature of the information be controlled, with all copies or notes
212	212	that are not destroyed or returned to the governmental body
213	213	remaining confidential and subject to the confidentiality
214	214	agreement.
215	215	SECTION 9. Chapter 325, Government Code, is amended by
216	216	adding Section 325.025 to read as follows:
217	217	Sec. 325.025. REVIEW OF RULES. (a) The commission, with the
218	218	assistance of the appropriate standing committee of each house of
219	219	the legislature, shall review each state agency's rules to
220	220	determine whether:
221	221	(1) the agency has authority to adopt the rule;
222	222	(2) the rule is necessary for the administration of
223	223	the agency's functions; and
224	224	(3) the rule should be repealed or, if applicable, the
225	225	agency should be given authority to adopt the rule.
226	226	(b) The commission shall prepare a report with the
227	227	commission's findings and recommendations and submit the report to
228	228	the legislature.
229	229	(c) The commission shall establish a schedule to ensure that
230	230	each state agency's rules are reviewed every six years.
231	231	SECTION 10. This Act takes effect September 1, 2015.