86R10877 BRG-F
By: Stucky H.B. No. 2082
A BILL TO BE ENTITLED
AN ACT
relating to recovery audits of payments made by state agencies to
vendors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2115.002(a) and (b), Government Code,
are amended to read as follows:
(a) The comptroller may [shall] contract with one or more
consultants to conduct recovery audits of payments made by state
agencies to vendors. The audits must be designed to detect and
recover overpayments to the vendors and to recommend improved state
agency accounting operations.
(b) A contract under this section:
(1) may provide for reasonable compensation for
services provided under the contract, including compensation
determined by the application of a specified percentage of the
total amount recovered because of the consultant's audit activities
or recommendations as a fee for services;
(2) may permit or require the consultant to pursue a
judicial action in a court inside or outside this state to recover
an overpaid amount; and
(3) [to allow time for the performance of existing
state payment auditing procedures,] may not allow a recovery audit
of a payment during the 180-day period after the date the payment
was made in order to allow time for the performance of existing
state payment auditing procedures.
SECTION 2. Section 2115.003, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The comptroller may [shall] require [that] recovery
audits [be performed] on the payments to vendors made by each state
agency that has total expenditures during a state fiscal biennium
in an amount that exceeds $50 [$100] million. A [Each] state agency
subject to required audits under [described by] this subsection
shall provide the recovery audit consultant with all information
necessary for the audit.
(a-1) The comptroller may determine the frequency of
recovery audits authorized by this section.
SECTION 3. Sections 2115.005(b) and (c), Government Code,
are amended to read as follows:
(b) The comptroller shall provide the copies required by
Subsection (a) not later than the 15th [seventh] day after the date
the comptroller receives the consultant's report.
(c) Not later than February [January] 1 of each odd-numbered
year, the comptroller shall issue a report to the legislature
summarizing the activities conducted [contents of all reports
received] under this chapter during the state fiscal biennium
ending August 31 of the previous year.
SECTION 4. This Act takes effect September 1, 2019.