| 1 | 1 | | 88R11927 LRM-D |
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| 2 | 2 | | By: Martinez Fischer H.B. No. 4612 |
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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 efficiency audits of Operation Lone Star and other |
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| 8 | 8 | | border security 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. Subchapter D, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.056 to read as follows: |
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| 12 | 12 | | Sec. 411.056. EFFICIENCY AUDIT. (a) For purposes of this |
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| 13 | 13 | | section, "efficiency audit" means an investigation of the |
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| 14 | 14 | | implementation and administration of Operation Lone Star and other |
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| 15 | 15 | | border security programs to examine fiscal management, efficiency |
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| 16 | 16 | | of the use of resources, and the effectiveness of state efforts in |
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| 17 | 17 | | achieving the border security goals of this state. |
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| 18 | 18 | | (b) In 2024 and every second year after that year, an |
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| 19 | 19 | | external auditor selected under Subsection (e) shall conduct the |
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| 20 | 20 | | efficiency audit required by this section. |
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| 21 | 21 | | (c) The department shall pay the costs associated with an |
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| 22 | 22 | | efficiency audit required under this section using existing |
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| 23 | 23 | | resources. |
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| 24 | 24 | | (d) The comptroller shall ensure that the external auditor |
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| 25 | 25 | | conducts the efficiency audit in accordance with the requirements |
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| 26 | 26 | | of this section. |
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| 27 | 27 | | (e) Not later than March 1 of the year in which an efficiency |
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| 28 | 28 | | audit is required under this section, the comptroller shall select |
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| 29 | 29 | | and contract with an external auditor to conduct the efficiency |
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| 30 | 30 | | audit. |
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| 31 | 31 | | (f) The external auditor shall be independent and not |
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| 32 | 32 | | subject to direction from: |
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| 33 | 33 | | (1) the department; |
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| 34 | 34 | | (2) the Texas Military Department; or |
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| 35 | 35 | | (3) any other state agency subject to evaluation by |
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| 36 | 36 | | the auditor for purposes of this section or that receives or spends |
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| 37 | 37 | | money under the programs described by Subsection (a). |
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| 38 | 38 | | (g) The external auditor shall complete the audit not later |
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| 39 | 39 | | than the 90th day after the date the auditor is selected. |
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| 40 | 40 | | (h) The Legislative Budget Board shall establish the scope |
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| 41 | 41 | | of the efficiency audit and determine the areas of investigation |
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| 42 | 42 | | for the audit, including: |
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| 43 | 43 | | (1) reviewing the resources dedicated to a program |
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| 44 | 44 | | described by Subsection (a) to determine whether those resources: |
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| 45 | 45 | | (A) are being used effectively and efficiently to |
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| 46 | 46 | | achieve desired program outcomes, including securing the border; |
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| 47 | 47 | | and |
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| 48 | 48 | | (B) are not being used for purposes other than |
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| 49 | 49 | | the intended goals of the applicable program; |
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| 50 | 50 | | (2) identifying cost savings or reallocations of |
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| 51 | 51 | | resources; and |
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| 52 | 52 | | (3) reviewing governmental contracts and grants made |
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| 53 | 53 | | related to border security programs. |
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| 54 | 54 | | (i) Not later than November 1 of the year an efficiency |
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| 55 | 55 | | audit is conducted, the external auditor shall prepare and submit a |
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| 56 | 56 | | report of the audit and recommendations for efficiency improvements |
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| 57 | 57 | | to the governor, the Legislative Budget Board, the state auditor, |
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| 58 | 58 | | the comptroller, and the chairs of the house appropriations |
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| 59 | 59 | | committee and the senate finance committee. The governor and the |
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| 60 | 60 | | comptroller shall publish the report, recommendations, and full |
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| 61 | 61 | | audit on the governor's and the comptroller's Internet websites. |
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| 62 | 62 | | SECTION 2. This Act takes effect September 1, 2023. |
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