Texas 2019 - 86th Regular

Texas Senate Bill SB861 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4377 SRA-D
2	2	By: Paxton S.B. No. 861
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a zero-based budget legislative appropriations request
8	8	process.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 322, Government Code, is amended by
11	11	adding Section 322.0071 to read as follows:
12	12	Sec. 322.0071. REPORT ON ZERO-BASED BUDGET LEGISLATIVE
13	13	APPROPRIATIONS REQUESTS. (a) In each even-numbered year, the
14	14	board shall prepare a report that includes each zero-based budget
15	15	legislative appropriations request form submitted to the board in
16	16	that year by a state agency, institution, or other entity required
17	17	to submit the form under Section 401.0422. The report must include
18	18	the information described by Sections 401.0422(d)(1) and (2) for
19	19	each agency, institution, or entity.
20	20	(b) Not later than December 1 of each even-numbered year,
21	21	the board shall:
22	22	(1) deliver the report required under Subsection (a)
23	23	to the governor, the lieutenant governor, and each member of the
24	24	legislature; and
25	25	(2) publish the report on the board's Internet website
26	26	in the manner provided by Section 322.0081.
27	27	SECTION 2. Section 322.008, Government Code, is amended by
28	28	adding Subsection (b-1) to read as follows:
29	29	(b-1) The general appropriations bill may include as an
30	30	informational item information from a zero-based budget
31	31	legislative appropriations request form submitted to the board by a
32	32	state agency, institution, or other entity as required under
33	33	Section 401.0422.
34	34	SECTION 3. Section 401.042, Government Code, is amended by
35	35	adding Subsection (a-1) to read as follows:
36	36	(a-1) Notwithstanding Subsection (a), the governor shall
37	37	design and prepare a zero-based budget legislative appropriations
38	38	request form on which a state agency, institution, or other entity
39	39	required to submit a zero-based budget legislative appropriations
40	40	request under Section 401.0422 must prepare its request. The form
41	41	must be designed to allow the agency, institution, or entity to
42	42	provide the information required under Section 401.0421.
43	43	SECTION 4. Subchapter C, Chapter 401, Government Code, is
44	44	amended by adding Sections 401.0421 and 401.0422 to read as
45	45	follows:
46	46	Sec. 401.0421. CONTENT AND ORGANIZATION OF ZERO-BASED
47	47	BUDGET LEGISLATIVE APPROPRIATIONS REQUEST FORM. (a) A state
48	48	agency, institution, or other entity submitting legislative
49	49	appropriation requests on the zero-based budget legislative
50	50	appropriations request form as required by Section 401.042(b) must:
51	51	(1) include on the form a citation to:
52	52	(A) the agency's, institution's, or entity's
53	53	authority under the Texas Constitution to operate, if applicable;
54	54	and
55	55	(B) the law specifying the agency's,
56	56	institution's, or entity's primary purpose or mission; and
57	57	(2) organize the agency's, institution's, or entity's
58	58	requests for legislative appropriations by program or activity.
59	59	(b) For each specific program or activity administered by a
60	60	state agency, institution, or other entity for which the agency,
61	61	institution, or entity is making a legislative appropriation
62	62	request on the zero-based budget legislative appropriations
63	63	request form, the agency, institution, or entity must include:
64	64	(1) a line item that describes the program or activity
65	65	and cites the law that authorizes or requires the program or
66	66	activity;
67	67	(2) the appropriation made for the program or activity
68	68	for the state fiscal biennium preceding the state fiscal biennium
69	69	for which the requested appropriation is made;
70	70	(3) the amount of the requested appropriation with a
71	71	succinct notation justifying the amount;
72	72	(4) a statement that specifies whether the requested
73	73	appropriation for the program or activity is from nondedicated
74	74	money in the general revenue fund, dedicated money in the general
75	75	revenue fund, federal money, or another source; and
76	76	(5) the number of full-time equivalent employees
77	77	authorized for the program or activity for the state fiscal
78	78	biennium preceding the state fiscal biennium for which the
79	79	requested appropriation is made and the number of full-time
80	80	equivalent employees for the biennium that would be authorized
81	81	under the requested appropriation.
82	82	Sec. 401.0422. ZERO-BASED BUDGET LEGISLATIVE
83	83	APPROPRIATIONS REQUEST PROCESS. (a) The governor shall:
84	84	(1) identify each state agency, institution, or other
85	85	entity that makes legislative appropriations requests;
86	86	(2) develop a schedule under which each identified
87	87	agency, institution, or other entity is required to use the
88	88	zero-based budget legislative appropriations request process
89	89	described by this section for one state fiscal biennium out of each
90	90	of the four consecutive state fiscal bienniums, subject to
91	91	Subsection (c); and
92	92	(3) periodically revise the schedule required by
93	93	Subdivision (2) to account for the creation or abolition of state
94	94	agencies, institutions, and other entities.
95	95	(b) Not later than October 1 of each odd-numbered year, the
96	96	governor shall notify in writing:
97	97	(1) each state agency, institution, or other entity
98	98	that is, according to the schedule developed under Subsection (a),
99	99	required to use a zero-based budget legislative appropriations
100	100	request process for the legislative appropriations request for the
101	101	succeeding state fiscal biennium of that requirement; and
102	102	(2) the Legislative Budget Board of all state
103	103	agencies, institutions, and other entities that, according to the
104	104	schedule developed under Subsection (a), are required to use the
105	105	zero-based budget legislative appropriations request process for
106	106	the legislative appropriations request for the succeeding state
107	107	fiscal biennium.
108	108	(c) The governor may require a state agency, institution, or
109	109	other entity to use a zero-based budget legislative appropriations
110	110	request process for a state fiscal biennium for which a budget
111	111	deficit is projected regardless of whether the agency, institution,
112	112	or entity is required to use that process in accordance with the
113	113	schedule developed under Subsection (a). If the governor requires
114	114	a zero-based budget legislative appropriations request process
115	115	under this subsection, the governor shall notify each state agency,
116	116	institution, or entity in writing of the requirement not later than
117	117	March 1 of the year preceding the state fiscal biennium for which
118	118	the legislative appropriations requests will be made.
119	119	(d) A state agency, institution, or other entity required to
120	120	use a zero-based budget legislative appropriations request process
121	121	under Subsection (a) or (c) shall prepare its legislative
122	122	appropriations request in the manner and with the content required
123	123	by Section 401.0421 and submit the request to the governor and the
124	124	Legislative Budget Board. The agency, institution, or entity shall
125	125	also include in the request:
126	126	(1) for each line item:
127	127	(A) a statement of the purpose of the program or
128	128	activity represented by the line item;
129	129	(B) a statement of the goals of the administering
130	130	organizational unit of the agency, institution, or entity with
131	131	respect to the program or activity represented by the line item;
132	132	(C) an estimate of the cost of any adverse
133	133	effects that reasonably may be anticipated to result if the program
134	134	or activity represented by the line item were discontinued and a
135	135	description of the methods by which the cost was estimated;
136	136	(D) an itemized account of expenditures required
137	137	to maintain the minimum level of service required by law to be
138	138	provided through the program or activity represented by the line
139	139	item and a succinct statement of the quantity and quality of
140	140	services provided at that minimum level; and
141	141	(E) an itemized account of expenditures required
142	142	to maintain the current level of service provided through the
143	143	program or activity represented by the line item and a succinct
144	144	statement of the quantity and quality of services provided at the
145	145	current level; and
146	146	(2) a ranking of the programs and activities
147	147	represented by the line items representing programs and activities
148	148	administered by the state agency, institution, or entity that
149	149	reflects the relative importance of each program and activity to
150	150	the overall goals and purposes of the agency, institution, or
151	151	entity, assuming the current level of service provided through the
152	152	program or activity.
153	153	SECTION 5. Section 552.106, Government Code, is amended by
154	154	adding Subsection (c) to read as follows:
155	155	(c) A draft or working paper involved in the preparation of
156	156	a zero-based budget legislative appropriations request under
157	157	Section 401.0422 is exempted from the requirements of Section
158	158	552.021.
159	159	SECTION 6. (a) Not later than March 1, 2020, the governor
160	160	shall develop the initial schedule required by Section 401.0422(a),
161	161	Government Code, as added by this Act, and provide the initial
162	162	notice required by Section 401.0422(b), Government Code, as added
163	163	by this Act.
164	164	(b) Section 401.0421, Government Code, as added by this Act,
165	165	and the zero-based budget legislative appropriations request
166	166	process required by Section 401.0422, Government Code, as added by
167	167	this Act, apply beginning with legislative appropriations requests
168	168	made for the 2022-2023 state fiscal biennium.
169	169	SECTION 7. This Act takes effect September 1, 2019.