By: RodrÃguez Ramos H.B. No. 5557
A BILL TO BE ENTITLED
AN ACT
relating to periodic comprehensive forensic and efficiency audits
of state border security activities and the enforcement of audit
recommendations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. PURPOSE AND FINDINGS. (a) The Legislature finds
that:
(1) The effectiveness and efficiency of state-funded
border security activities must be assessed to ensure optimal use
of public resources;
(2) Transparency and accountability in expenditures
and operations are essential to eliminating inefficiencies and
preventing fraud, waste, and abuse; and
(3) Regular, independent audits strengthen
legislative oversight and enhance data-driven decision-making.
SECTION 2. Chapter 321, Government Code, is amended by
adding Section 321.027 to read as follows:
Sec. 321.027. BORDER SECURITY ACTIVITY AUDITS. (a) At
least once every three years, the State Auditor's Office shall
include in the audit plan comprehensive forensic and efficiency
audits of all state-funded border security activities carried out
by the Texas Department of Public Safety, Texas Military
Department, Texas Division of Emergency Management, Texas Parks and
Wildlife Department, Texas Department of Criminal Justice, and the
Office of Court Administration of the Texas Judicial System.
(a-1) The first audit required under this section must
commence no later than December 1, 2025. This subsection expires
December 1, 2026.
(b) The State Auditor may select other relevant state
agencies or programs in addition to those listed in Subsection (a)
for inclusion in the audits.
(c) Each of the agencies listed in Subsection (a) shall:
(1) Fully cooperate with audits conducted by the State
Auditor's Office;
(2) Provide access to all records, contracts, and
expenditures related to border security; and
(3) Implement audit recommendations as required by
law.
(d) The State Auditor's Office shall submit a report of its
findings and recommendations to the Governor, Lieutenant Governor,
Speaker of the House, Legislative Budget Board, House Delivery of
Government Efficiency Committee, and other relevant legislative
committees no later than the 30th day after the audit's completion.
(e) The State Auditor's Office shall publish each audit
report on its official website no later than the 45th day after the
audit's completion. Each summary must remain publicly accessible
for at least five years and exclude information classified as
confidential or security-sensitive under state law.
(f) If an audit conducted under this section identifies
financial mismanagement, waste, fraud, or noncompliance with state
law, the audited agency shall:
(1) Develop and implement a corrective action plan
within 90 days; and
(2) Submit progress reports every six months to the
State Auditor's Office and Legislative Budget Board until all
deficiencies are resolved.
(g) An agency that fails to implement corrective actions
within 12 months after the audit report's issuance may be subject
to:
(1) suspension of discretionary border security
funding, subject to review by the Legislative Budget Board; and
(2) referral to the Governor, Lieutenant Governor, and
Speaker of the House for legislative action, including potential
statutory remedies.
(h) In this section:
(1) "Border security activity" includes any
state-funded initiative, operation, program, or activity intended
to:
(A) provide security services, including law
enforcement services, in the area of the state along the
Texas-Mexico border;
(B) deter transnational criminal activity; or
(C) assist state or federal immigration
enforcement efforts.
(2) "Comprehensive forensic audit" means an audit that
evaluates financial integrity, operational efficiency, compliance
with applicable laws, and measurable effectiveness of program
objectives.
(3) "Efficiency audit" has the meaning assigned by
Section 321.0133.
(i) An agency subject to an administrative penalty under
Subsection (g) may appeal the penalty decision to the State Office
of Administrative Hearings. The appeal must be filed within 30 days
after the agency receives notice of the penalty, and the
determination of the administrative law judge is final unless
modified by legislative action.
SECTION 3. Chapter 411, Government Code, is amended by
adding Section 411.0205 to read as follows:
Sec. 411.0205. BORDER SECURITY ACTIVITY ACCOUNTABILITY.
(a) The Texas Department of Public Safety shall:
(1) Maintain complete and accurate records of all
border security activity-related expenditures, contracts, and
procurement activities; and
(2) Provide all records and documentation necessary
for the State Auditor's Office to conduct audits as required by
Section 321.027.
SECTION 4. Chapter 418, Government Code, is amended by
adding Section 418.027 to read as follows:
Sec. 418.027. BORDER SECURITY EXPENDITURE REPORTING. (a)
The Texas Division of Emergency Management shall:
(1) Maintain complete and accurate records of all
border security activity-related expenditures, contracts, and
procurement activities; and
(2) Provide all records and documentation necessary
for the State Auditor's Office to conduct audits as required by
Section 321.027.
SECTION 5. Chapter 437, Government Code, is amended by
adding Section 437.108 to read as follows:
Sec. 437.108. BORDER SECURITY ACTIVITY AUDIT REQUIREMENTS.
(a) The Texas Military Department shall:
(1) Maintain complete and accurate records of all
border security activity-related expenditures, contracts, and
procurement activities; and
(2) Provide all records and documentation necessary
for the State Auditor's Office to conduct audits as required by
Section 321.027.
SECTION 6. Chapter 493, Government Code, is amended to add
Section 493.010 as follows:
Sec. 493.010. BORDER SECURITY DETENTION AUDIT
REQUIREMENTS. (a) The Texas Department of Criminal Justice shall:
(1) Maintain complete and accurate records of all
border security activity-related expenditures, contracts, and
procurement activities; and
(2) Provide all records and documentation necessary
for the State Auditor's Office to conduct audits as required by
Section 321.027.
SECTION 7. Chapter 72, Government Code, is amended by
adding Section 72.035 to read as follows:
Sec. 72.035. BORDER SECURITY COURT ADMINISTRATION AUDITS.
(a) The Office of Court Administration shall:
(1) Maintain complete and accurate records of all
border security activity-related expenditures, contracts, and
procurement activities; and
(2) Provide all records and documentation necessary
for the State Auditor's Office to conduct audits as required by
Section 321.027.
SECTION 8. Chapter 11, Parks and Wildlife Code, is amended
by adding Section 11.108 to read as follows:
Sec. 11.108. BORDER SECURITY ACTIVITY AUDIT REQUIREMENTS.
(a) The Texas Parks and Wildlife Department shall:
(1) Maintain complete and accurate records of all
border security activity-related expenditures, contracts, and
procurement activities; and
(2) Provide all records and documentation necessary
for the State Auditor's Office to conduct audits as required by
Section 321.027.
SECTION 9. This Act takes effect September 1, 2025.