| 1 | 1 | | 86R13495 SLB-D |
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| 2 | 2 | | By: Schaefer H.B. No. 3119 |
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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 strategic fiscal reviews of state agencies and |
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| 8 | 8 | | programs. |
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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. (a) In this section, "board" means the |
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| 11 | 11 | | Legislative Budget Board. |
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| 12 | 12 | | (b) The board shall perform a strategic fiscal review for |
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| 13 | 13 | | each state agency continued in existence by an Act of the 85th |
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| 14 | 14 | | Legislature, Regular Session, 2017. |
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| 15 | 15 | | (c) Not later than September 1, 2020, the board shall |
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| 16 | 16 | | prepare and submit a report of the findings of the strategic fiscal |
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| 17 | 17 | | review conducted under Subsection (b) of this section to the |
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| 18 | 18 | | governor, lieutenant governor, and speaker of the house of |
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| 19 | 19 | | representatives and to the members of the senate finance and house |
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| 20 | 20 | | appropriations committees. |
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| 21 | 21 | | (d) The strategic fiscal review report under Subsection (c) |
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| 22 | 22 | | of this section must contain: |
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| 23 | 23 | | (1) a description of the discrete activities the state |
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| 24 | 24 | | agency is charged with conducting or performing together with: |
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| 25 | 25 | | (A) a justification for each activity by |
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| 26 | 26 | | reference to a statute or other legal authority; and |
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| 27 | 27 | | (B) an evaluation of the effectiveness and |
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| 28 | 28 | | efficiency of the state agency's policies, management, fiscal |
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| 29 | 29 | | affairs, and operations in relation to each activity; |
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| 30 | 30 | | (2) for each activity identified under Subdivision (1) |
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| 31 | 31 | | of this subsection: |
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| 32 | 32 | | (A) a quantitative estimate of any adverse |
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| 33 | 33 | | effects that reasonably may be expected to result if the activity |
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| 34 | 34 | | were discontinued, together with a description of the methods by |
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| 35 | 35 | | which the adverse effects were estimated; |
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| 36 | 36 | | (B) an itemized account of expenditures required |
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| 37 | 37 | | to maintain the activity at the minimum level of service or |
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| 38 | 38 | | performance required by the statute or other legal authority, |
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| 39 | 39 | | together with a concise statement of the quantity and quality of |
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| 40 | 40 | | service or performance required at that minimum level; and |
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| 41 | 41 | | (C) an itemized account of expenditures required |
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| 42 | 42 | | to maintain the activity at the current level of service or |
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| 43 | 43 | | performance, together with a concise statement of the quantity and |
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| 44 | 44 | | quality of service or performance provided at that current level; |
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| 45 | 45 | | (3) a ranking of activities identified under |
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| 46 | 46 | | Subdivision (1) of this subsection that illustrates the relative |
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| 47 | 47 | | importance of each activity to the overall goals and purposes of the |
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| 48 | 48 | | state agency at current service or performance levels; and |
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| 49 | 49 | | (4) recommendations to the legislature regarding |
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| 50 | 50 | | whether the legislature should continue funding each activity |
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| 51 | 51 | | identified under Subdivision (1) of this subsection and, if so, at |
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| 52 | 52 | | what level. |
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| 53 | 53 | | (e) The legislature may consider the strategic fiscal |
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| 54 | 54 | | review report conducted under this section in connection with the |
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| 55 | 55 | | legislative appropriations process. |
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| 56 | 56 | | (f) Until the board has completed a strategic fiscal review |
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| 57 | 57 | | under this section, all information, documentary or otherwise, |
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| 58 | 58 | | prepared or maintained in conducting the strategic fiscal review or |
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| 59 | 59 | | preparing the strategic fiscal review report, including |
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| 60 | 60 | | intra-agency and interagency communications and drafts of the |
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| 61 | 61 | | strategic fiscal review report, or portions of those drafts, is |
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| 62 | 62 | | excepted from required public disclosure as audit working papers |
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| 63 | 63 | | under Section 552.116, Government Code. This subsection does not |
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| 64 | 64 | | affect whether information described by this subsection is |
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| 65 | 65 | | confidential or excepted from required public disclosure under a |
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| 66 | 66 | | law other than Section 552.116, Government Code. |
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| 67 | 67 | | (g) This section expires August 31, 2021. |
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| 68 | 68 | | SECTION 2. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2019. |
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