S.B. No. 68
AN ACT
relating to strategic fiscal reviews of state agencies and
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 322, Government Code, is amended by
adding Section 322.0175 to read as follows:
Sec. 322.0175. STRATEGIC FISCAL REVIEW OF STATE AGENCIES
AND PROGRAMS. (a) The board shall perform a strategic fiscal
review for each state agency currently the subject of Sunset
Advisory Commission review under Chapter 325 (Texas Sunset Act).
The board shall not perform a review under this section of state
agencies listed in Section 325.025(b), Government Code, because
these agencies are not subject to the legislative appropriations
process.
(b) The board shall prepare and submit a report of the
findings of the strategic fiscal review by September 1 of the
even-numbered year of the biennium during which the review is
conducted to the governor, lieutenant governor, and speaker of the
house of representatives and to the members of the senate finance
and house appropriations committees.
(c) The strategic fiscal review report must contain:
(1) a description of the discrete activities the state
agency is charged with conducting or performing together with:
(A) a justification for each activity by
reference to a statute or other legal authority; and
(B) an evaluation of the effectiveness and
efficiency of the state agency's policies, management, fiscal
affairs, and operations in relation to each activity;
(2) for each activity identified under Subdivision
(1):
(A) a quantitative estimate of any adverse
effects that reasonably may be expected to result if the activity
were discontinued, together with a description of the methods by
which the adverse effects were estimated;
(B) an itemized account of expenditures required
to maintain the activity at the minimum level of service or
performance required by the statute or other legal authority,
together with a concise statement of the quantity and quality of
service or performance required at that minimum level; and
(C) an itemized account of expenditures required
to maintain the activity at the current level of service or
performance, together with a concise statement of the quantity and
quality of service or performance provided at that current level;
(3) a ranking of activities identified under
Subdivision (1) that illustrates the relative importance of each
activity to the overall goals and purposes of the state agency at
current service or performance levels; and
(4) recommendations to the legislature regarding
whether the legislature should continue funding each activity
identified under Subdivision (1) and, if so, at what level.
(d) The legislature may consider the strategic fiscal
review reports in connection with the legislative appropriations
process.
(e) Until the board has completed a strategic fiscal review
under this section, all information, documentary or otherwise,
prepared or maintained in conducting the strategic fiscal review or
preparing the strategic fiscal review report, including
intra-agency and interagency communications and drafts of the
strategic fiscal review report, or portions of those drafts, is
excepted from required public disclosure as audit working papers
under Section 552.116. This subsection does not affect whether
information described by this subsection is confidential or
excepted from required public disclosure under a law other than
Section 552.116.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 68 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 23, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 68 passed the House, with
amendment, on May 17, 2019, by the following vote: Yeas 141,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor