87R2938 JCG-F
By: Bonnen H.B. No. 3997
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain functions relating to state
employee leave from the state auditor to the comptroller.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 661.151, Government Code, is amended to
read as follows:
Sec. 661.151. COMPTROLLER [STATE AUDITOR] INTERPRETATION.
(a) The comptroller [state auditor] shall provide a uniform
interpretation of this chapter [subchapter and Subchapters G and
Z].
(b) The comptroller [state auditor] shall report to the
governor and the legislature any state agency or institution of
higher education that practices an exception under this chapter
[exceptions to those laws].
SECTION 2. Section 661.202(j), Government Code, is amended
to read as follows:
(j) A state agency shall maintain a written statement
covering the policies and procedures for an extension of leave
under Subsection (i) and shall make the statement available to all
agency employees. The state agency shall provide a copy of the
statement to the comptroller [state auditor] on request.
SECTION 3. Section 661.9041(c), Government Code, is amended
to read as follows:
(c) The comptroller [state auditor] shall adopt guidelines
to assist state agencies in determining the amount of emergency
leave to grant to an employee under this section as differential
pay.
SECTION 4. Section 661.923(c), Government Code, is amended
to read as follows:
(c) Not later than the last day of each quarter of a state
fiscal year, an agency shall submit a report to the comptroller's
[state auditor's] office and the Legislative Budget Board that
includes the name of each agency employee described by Subsection
(a)(1) who has been granted 168 hours or more of leave under this
section during that fiscal quarter. The report must include, for
each employee, a brief statement as to the reason the employee
remains on leave.
SECTION 5. (a) Not later than September 10, 2021, the
following are transferred from the state auditor to the comptroller
of public accounts:
(1) the powers and duties of the state auditor
relating to leave for state employees under Chapter 661, Government
Code; and
(2) all property and records in the custody of the
state auditor that are related to a power or duty transferred under
this subsection and all funds appropriated by the legislature for
that power or duty.
(b) A rule, form, policy, procedure, or decision of the
state auditor that is related to a power or duty described by
Subsection (a) of this section continues in effect as a rule, form,
policy, procedure, or decision of the comptroller of public
accounts until superseded by an act of the comptroller of public
accounts.
(c) A reference in law or administrative rule to the state
auditor that relates to a power or duty transferred under
Subsection (a) of this section means the comptroller of public
accounts.
SECTION 6. As soon as practicable after the effective date
of this Act, but not later than September 10, 2021, the state
auditor and the comptroller of public accounts shall enter into a
memorandum of understanding that:
(1) identifies in detail the applicable powers and
duties that are transferred by this Act; and
(2) establishes a plan for the identification and
transfer of the records, property, and unspent appropriations of
the state auditor that are used for purposes of the state auditor's
powers and duties that are transferred by this Act.
SECTION 7. This Act takes effect September 1, 2021.