| 1 | 1 | | 86R10877 BRG-F |
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| 2 | 2 | | By: Stucky H.B. No. 2082 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to recovery audits of payments made by state agencies to |
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| 8 | 8 | | vendors. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 2115.002(a) and (b), Government Code, |
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| 11 | 11 | | are amended to read as follows: |
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| 12 | 12 | | (a) The comptroller may [shall] contract with one or more |
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| 13 | 13 | | consultants to conduct recovery audits of payments made by state |
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| 14 | 14 | | agencies to vendors. The audits must be designed to detect and |
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| 15 | 15 | | recover overpayments to the vendors and to recommend improved state |
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| 16 | 16 | | agency accounting operations. |
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| 17 | 17 | | (b) A contract under this section: |
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| 18 | 18 | | (1) may provide for reasonable compensation for |
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| 19 | 19 | | services provided under the contract, including compensation |
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| 20 | 20 | | determined by the application of a specified percentage of the |
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| 21 | 21 | | total amount recovered because of the consultant's audit activities |
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| 22 | 22 | | or recommendations as a fee for services; |
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| 23 | 23 | | (2) may permit or require the consultant to pursue a |
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| 24 | 24 | | judicial action in a court inside or outside this state to recover |
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| 25 | 25 | | an overpaid amount; and |
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| 26 | 26 | | (3) [to allow time for the performance of existing |
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| 27 | 27 | | state payment auditing procedures,] may not allow a recovery audit |
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| 28 | 28 | | of a payment during the 180-day period after the date the payment |
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| 29 | 29 | | was made in order to allow time for the performance of existing |
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| 30 | 30 | | state payment auditing procedures. |
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| 31 | 31 | | SECTION 2. Section 2115.003, Government Code, is amended by |
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| 32 | 32 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 33 | 33 | | follows: |
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| 34 | 34 | | (a) The comptroller may [shall] require [that] recovery |
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| 35 | 35 | | audits [be performed] on the payments to vendors made by each state |
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| 36 | 36 | | agency that has total expenditures during a state fiscal biennium |
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| 37 | 37 | | in an amount that exceeds $50 [$100] million. A [Each] state agency |
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| 38 | 38 | | subject to required audits under [described by] this subsection |
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| 39 | 39 | | shall provide the recovery audit consultant with all information |
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| 40 | 40 | | necessary for the audit. |
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| 41 | 41 | | (a-1) The comptroller may determine the frequency of |
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| 42 | 42 | | recovery audits authorized by this section. |
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| 43 | 43 | | SECTION 3. Sections 2115.005(b) and (c), Government Code, |
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| 44 | 44 | | are amended to read as follows: |
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| 45 | 45 | | (b) The comptroller shall provide the copies required by |
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| 46 | 46 | | Subsection (a) not later than the 15th [seventh] day after the date |
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| 47 | 47 | | the comptroller receives the consultant's report. |
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| 48 | 48 | | (c) Not later than February [January] 1 of each odd-numbered |
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| 49 | 49 | | year, the comptroller shall issue a report to the legislature |
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| 50 | 50 | | summarizing the activities conducted [contents of all reports |
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| 51 | 51 | | received] under this chapter during the state fiscal biennium |
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| 52 | 52 | | ending August 31 of the previous year. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2019. |
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