Texas 2019 - 86th Regular

Texas Senate Bill SB1571 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1571
	1	+	By: Campbell S.B. No. 1571
	2	+	(Stucky)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to recovery audits of payments made by state agencies to
6	8		vendors.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Sections 2115.002(a) and (b), Government Code,
9	11		are amended to read as follows:
10	12		(a) The comptroller may [shall] contract with one or more
11	13		consultants to conduct recovery audits of payments made by state
12	14		agencies to vendors. The audits must be designed to detect and
13	15		recover overpayments to the vendors and to recommend improved state
14	16		agency accounting operations.
15	17		(b) A contract under this section:
16	18		(1) may provide for reasonable compensation for
17	19		services provided under the contract, including compensation
18	20		determined by the application of a specified percentage of the
19	21		total amount recovered because of the consultant's audit activities
20	22		or recommendations as a fee for services;
21	23		(2) may permit or require the consultant to pursue a
22	24		judicial action in a court inside or outside this state to recover
23	25		an overpaid amount; and
24	26		(3) [to allow time for the performance of existing
25	27		state payment auditing procedures,] may not allow a recovery audit
26	28		of a payment during the 180-day period after the date the payment
27	29		was made in order to allow time for the performance of existing
28	30		state payment auditing procedures.
29	31		SECTION 2. Section 2115.003, Government Code, is amended by
30	32		amending Subsection (a) and adding Subsection (a-1) to read as
31	33		follows:
32	34		(a) The comptroller may [shall] require [that] recovery
33	35		audits [be performed] on the payments to vendors made by each state
34	36		agency that has total expenditures during a state fiscal biennium
35	37		in an amount that exceeds $50 [$100] million. A [Each] state agency
36	38		subject to required audits under [described by] this subsection
37	39		shall provide the recovery audit consultant with all information
38	40		necessary for the audit.
39	41		(a-1) The comptroller may determine the frequency of
40	42		recovery audits authorized by this section.
41	43		SECTION 3. Sections 2115.005(b) and (c), Government Code,
42	44		are amended to read as follows:
43	45		(b) The comptroller shall provide the copies required by
44	46		Subsection (a) not later than the 15th [seventh] day after the date
45	47		the comptroller receives the consultant's report.
46	48		(c) Not later than February [January] 1 of each odd-numbered
47	49		year, the comptroller shall issue a report to the legislature
48	50		summarizing the activities conducted [contents of all reports
49	51		received] under this chapter during the state fiscal biennium
50	52		ending August 31 of the previous year.
51	53		SECTION 4. This Act takes effect September 1, 2019.
52		-	______________________________ ______________________________
53		-	President of the Senate Speaker of the House
54		-	I hereby certify that S.B. No. 1571 passed the Senate on
55		-	April 11, 2019, by the following vote: Yeas 31, Nays 0.
56		-	______________________________
57		-	Secretary of the Senate
58		-	I hereby certify that S.B. No. 1571 passed the House on
59		-	May 15, 2019, by the following vote: Yeas 144, Nays 0, three
60		-	present not voting.
61		-	______________________________
62		-	Chief Clerk of the House
63		-	Approved:
64		-	______________________________
65		-	Date
66		-	______________________________
67		-	Governor