1 | 1 | | 89R13652 LRM-F |
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2 | 2 | | By: Hughes S.B. No. 1427 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the conduct of efficiency audits of state agencies. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subtitle C, Title 3, Government Code, is amended |
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12 | 12 | | by adding Chapter 327 to read as follows: |
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13 | 13 | | CHAPTER 327. EFFICIENCY AUDITS OF STATE AGENCIES |
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14 | 14 | | Sec. 327.001. DEFINITIONS. In this chapter: |
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15 | 15 | | (1) "Audit plan" has the meaning assigned by Section |
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16 | 16 | | 321.001. |
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17 | 17 | | (2) "Department" has the meaning assigned by Section |
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18 | 18 | | 321.001. |
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19 | 19 | | (3) "Efficiency audit" means an evaluation of the |
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20 | 20 | | economy, efficiency, and effectiveness of department operations, |
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21 | 21 | | including the effectiveness of department programs at achieving |
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22 | 22 | | intended objectives. |
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23 | 23 | | (4) "External auditor" means a private entity selected |
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24 | 24 | | by the state auditor to conduct an efficiency audit of a department. |
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25 | 25 | | (5) "Legislative audit committee" means the committee |
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26 | 26 | | described by Section 321.002. |
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27 | 27 | | Sec. 327.002. REQUIRED EFFICIENCY AUDIT. (a) Each |
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28 | 28 | | department, including an institution of higher education, as |
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29 | 29 | | defined by Section 61.003, Education Code, shall undergo an |
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30 | 30 | | efficiency audit in accordance with this chapter. |
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31 | 31 | | (b) The state auditor, subject to the legislative audit |
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32 | 32 | | committee's approval, shall adopt a schedule for conducting the |
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33 | 33 | | efficiency audits required by this chapter and include the annual |
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34 | 34 | | portion of the schedule in the audit plan under Section 321.013. |
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35 | 35 | | The schedule must provide for each department to be audited every |
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36 | 36 | | six years. A department may not be audited under this chapter in |
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37 | 37 | | the same year that the department is reviewed under Chapter 325 |
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38 | 38 | | (Texas Sunset Act). |
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39 | 39 | | (c) A department required by law to perform an internal |
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40 | 40 | | efficiency audit is not required to perform the audit in any year |
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41 | 41 | | the department is audited under this chapter. |
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42 | 42 | | (d) A department shall pay the costs incurred by the state |
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43 | 43 | | auditor relating to an efficiency audit required by this chapter. |
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44 | 44 | | The state auditor shall determine the costs of the audit and the |
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45 | 45 | | department shall pay the amount of those costs promptly on receipt |
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46 | 46 | | of a statement from the state auditor regarding those costs. |
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47 | 47 | | Sec. 327.003. SELECTION AND SUPERVISION OF AUDITOR. (a) |
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48 | 48 | | Not later than March 1 of the year in which an efficiency audit of a |
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49 | 49 | | department is scheduled under this chapter, the state auditor shall |
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50 | 50 | | contract with an external auditor to conduct the audit. |
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51 | 51 | | (b) The state auditor shall oversee the external auditor and |
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52 | 52 | | ensure that the efficiency audit is conducted in accordance with |
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53 | 53 | | the requirements of this chapter. |
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54 | 54 | | (c) The external auditor is not subject to direction from |
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55 | 55 | | the department being audited. |
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56 | 56 | | Sec. 327.004. SCOPE OF AUDIT. (a) The state auditor shall |
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57 | 57 | | establish the scope of each efficiency audit conducted under this |
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58 | 58 | | chapter with the external auditor contracted to perform the audit. |
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59 | 59 | | (b) At a minimum, an efficiency audit must: |
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60 | 60 | | (1) examine all state resources, including financial |
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61 | 61 | | resources, staff, and technology, to determine whether those |
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62 | 62 | | resources: |
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63 | 63 | | (A) are used effectively and efficiently to |
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64 | 64 | | achieve the desired outcome for a department's program |
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65 | 65 | | beneficiaries; and |
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66 | 66 | | (B) are not used for purposes other than the |
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67 | 67 | | intended goals of the audited programs; |
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68 | 68 | | (2) identify and recommend cost savings and |
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69 | 69 | | reallocation of resources to improve the effectiveness of audited |
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70 | 70 | | programs; and |
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71 | 71 | | (3) identify opportunities for improving services |
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72 | 72 | | through consolidation of functions, outsourcing, and elimination |
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73 | 73 | | of duplicative efforts. |
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74 | 74 | | Sec. 327.005. REPORT TO LEGISLATURE. (a) Not later than |
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75 | 75 | | November 1 of the year an efficiency audit is conducted under this |
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76 | 76 | | chapter, the state auditor shall: |
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77 | 77 | | (1) prepare a report with the external auditor |
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78 | 78 | | contracted to perform the audit and submit the report to the chairs |
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79 | 79 | | of the standing committees of each house of the legislature with |
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80 | 80 | | primary jurisdiction over the audited department; and |
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81 | 81 | | (2) submit the report, recommendations, and complete |
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82 | 82 | | audit to the audited department. |
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83 | 83 | | (b) The state auditor and the audited department shall |
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84 | 84 | | publish the report, recommendations, and complete efficiency audit |
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85 | 85 | | on the entity's Internet website. |
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86 | 86 | | Sec. 327.006. REQUIRED IMPLEMENTATION PLAN. (a) Not later |
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87 | 87 | | than the 90th day after receiving the complete audit and |
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88 | 88 | | recommendations, the administrative head of the audited department |
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89 | 89 | | shall deliver a plan for implementing the recommendations to: |
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90 | 90 | | (1) the legislative audit committee; and |
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91 | 91 | | (2) the chairs of the standing committees of each |
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92 | 92 | | house of the legislature with primary jurisdiction over the audited |
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93 | 93 | | department. |
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94 | 94 | | (b) The implementation plan must include a justification |
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95 | 95 | | for any recommendation the audited department declines to |
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96 | 96 | | implement. |
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97 | 97 | | SECTION 2. Section 322.017, Government Code, is repealed. |
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98 | 98 | | SECTION 3. Not later than January 1, 2026, the state auditor |
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99 | 99 | | shall adopt the schedule required by Section 327.002, Government |
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100 | 100 | | Code, as added by this Act, for conducting efficiency audits of each |
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101 | 101 | | department. |
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102 | 102 | | SECTION 4. This Act takes effect September 1, 2025. |
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