Texas 2025 - 89th Regular

Texas House Bill HB5557 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Rodríguez Ramos H.B. No. 5557
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to periodic comprehensive forensic and efficiency audits
7	9		of state border security activities and the enforcement of audit
8	10		recommendations.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. PURPOSE AND FINDINGS. (a) The Legislature finds
11	13		that:
12	14		(1) The effectiveness and efficiency of state-funded
13	15		border security activities must be assessed to ensure optimal use
14	16		of public resources;
15	17		(2) Transparency and accountability in expenditures
16	18		and operations are essential to eliminating inefficiencies and
17	19		preventing fraud, waste, and abuse; and
18	20		(3) Regular, independent audits strengthen
19	21		legislative oversight and enhance data-driven decision-making.
20	22		SECTION 2. Chapter 321, Government Code, is amended by
21	23		adding Section 321.027 to read as follows:
22	24		Sec. 321.027. BORDER SECURITY ACTIVITY AUDITS. (a) At
23	25		least once every three years, the State Auditor's Office shall
24	26		include in the audit plan comprehensive forensic and efficiency
25	27		audits of all state-funded border security activities carried out
26	28		by the Texas Department of Public Safety, Texas Military
27	29		Department, Texas Division of Emergency Management, Texas Parks and
28	30		Wildlife Department, Texas Department of Criminal Justice, and the
29	31		Office of Court Administration of the Texas Judicial System.
30	32		(a-1) The first audit required under this section must
31	33		commence no later than December 1, 2025. This subsection expires
32	34		December 1, 2026.
33	35		(b) The State Auditor may select other relevant state
34	36		agencies or programs in addition to those listed in Subsection (a)
35	37		for inclusion in the audits.
36	38		(c) Each of the agencies listed in Subsection (a) shall:
37	39		(1) Fully cooperate with audits conducted by the State
38	40		Auditor's Office;
39	41		(2) Provide access to all records, contracts, and
40	42		expenditures related to border security; and
41	43		(3) Implement audit recommendations as required by
42	44		law.
43	45		(d) The State Auditor's Office shall submit a report of its
44	46		findings and recommendations to the Governor, Lieutenant Governor,
45	47		Speaker of the House, Legislative Budget Board, House Delivery of
46	48		Government Efficiency Committee, and other relevant legislative
47	49		committees no later than the 30th day after the audit's completion.
48	50		(e) The State Auditor's Office shall publish each audit
49	51		report on its official website no later than the 45th day after the
50	52		audit's completion. Each summary must remain publicly accessible
51	53		for at least five years and exclude information classified as
52	54		confidential or security-sensitive under state law.
53	55		(f) If an audit conducted under this section identifies
54	56		financial mismanagement, waste, fraud, or noncompliance with state
55	57		law, the audited agency shall:
56	58		(1) Develop and implement a corrective action plan
57	59		within 90 days; and
58	60		(2) Submit progress reports every six months to the
59	61		State Auditor's Office and Legislative Budget Board until all
60	62		deficiencies are resolved.
61	63		(g) An agency that fails to implement corrective actions
62	64		within 12 months after the audit report's issuance may be subject
63	65		to:
64	66		(1) suspension of discretionary border security
65	67		funding, subject to review by the Legislative Budget Board; and
66	68		(2) referral to the Governor, Lieutenant Governor, and
67	69		Speaker of the House for legislative action, including potential
68	70		statutory remedies.
69	71		(h) In this section:
70	72		(1) "Border security activity" includes any
71	73		state-funded initiative, operation, program, or activity intended
72	74		to:
73	75		(A) provide security services, including law
74	76		enforcement services, in the area of the state along the
75	77		Texas-Mexico border;
76	78		(B) deter transnational criminal activity; or
77	79		(C) assist state or federal immigration
78	80		enforcement efforts.
79	81		(2) "Comprehensive forensic audit" means an audit that
80	82		evaluates financial integrity, operational efficiency, compliance
81	83		with applicable laws, and measurable effectiveness of program
82	84		objectives.
83	85		(3) "Efficiency audit" has the meaning assigned by
84	86		Section 321.0133.
85	87		(i) An agency subject to an administrative penalty under
86	88		Subsection (g) may appeal the penalty decision to the State Office
87	89		of Administrative Hearings. The appeal must be filed within 30 days
88	90		after the agency receives notice of the penalty, and the
89	91		determination of the administrative law judge is final unless
90	92		modified by legislative action.
91	93		SECTION 3. Chapter 411, Government Code, is amended by
92	94		adding Section 411.0205 to read as follows:
93	95		Sec. 411.0205. BORDER SECURITY ACTIVITY ACCOUNTABILITY.
94	96		(a) The Texas Department of Public Safety shall:
95	97		(1) Maintain complete and accurate records of all
96	98		border security activity-related expenditures, contracts, and
97	99		procurement activities; and
98	100		(2) Provide all records and documentation necessary
99	101		for the State Auditor's Office to conduct audits as required by
100	102		Section 321.027.
101	103		SECTION 4. Chapter 418, Government Code, is amended by
102	104		adding Section 418.027 to read as follows:
103	105		Sec. 418.027. BORDER SECURITY EXPENDITURE REPORTING. (a)
104	106		The Texas Division of Emergency Management shall:
105	107		(1) Maintain complete and accurate records of all
106	108		border security activity-related expenditures, contracts, and
107	109		procurement activities; and
108	110		(2) Provide all records and documentation necessary
109	111		for the State Auditor's Office to conduct audits as required by
110	112		Section 321.027.
111	113		SECTION 5. Chapter 437, Government Code, is amended by
112	114		adding Section 437.108 to read as follows:
113	115		Sec. 437.108. BORDER SECURITY ACTIVITY AUDIT REQUIREMENTS.
114	116		(a) The Texas Military Department shall:
115	117		(1) Maintain complete and accurate records of all
116	118		border security activity-related expenditures, contracts, and
117	119		procurement activities; and
118	120		(2) Provide all records and documentation necessary
119	121		for the State Auditor's Office to conduct audits as required by
120	122		Section 321.027.
121	123		SECTION 6. Chapter 493, Government Code, is amended to add
122	124		Section 493.010 as follows:
123	125		Sec. 493.010. BORDER SECURITY DETENTION AUDIT
124	126		REQUIREMENTS. (a) The Texas Department of Criminal Justice shall:
125	127		(1) Maintain complete and accurate records of all
126	128		border security activity-related expenditures, contracts, and
127	129		procurement activities; and
128	130		(2) Provide all records and documentation necessary
129	131		for the State Auditor's Office to conduct audits as required by
130	132		Section 321.027.
131	133		SECTION 7. Chapter 72, Government Code, is amended by
132	134		adding Section 72.035 to read as follows:
133	135		Sec. 72.035. BORDER SECURITY COURT ADMINISTRATION AUDITS.
134	136		(a) The Office of Court Administration shall:
135	137		(1) Maintain complete and accurate records of all
136	138		border security activity-related expenditures, contracts, and
137	139		procurement activities; and
138	140		(2) Provide all records and documentation necessary
139	141		for the State Auditor's Office to conduct audits as required by
140	142		Section 321.027.
141	143		SECTION 8. Chapter 11, Parks and Wildlife Code, is amended
142	144		by adding Section 11.108 to read as follows:
143	145		Sec. 11.108. BORDER SECURITY ACTIVITY AUDIT REQUIREMENTS.
144	146		(a) The Texas Parks and Wildlife Department shall:
145	147		(1) Maintain complete and accurate records of all
146	148		border security activity-related expenditures, contracts, and
147	149		procurement activities; and
148	150		(2) Provide all records and documentation necessary
149	151		for the State Auditor's Office to conduct audits as required by
150	152		Section 321.027.
151	153		SECTION 9. This Act takes effect September 1, 2025.