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A BILL TO BE ENTITLED
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AN ACT
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relating to the audit of river authorities by the state auditor's |
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office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. STATE AUDIT OF RIVER AUTHORITIES. Section |
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321.013(a), Government Code, is amended to read as follows: |
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(a) The State Auditor shall conduct audits of all |
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departments, including institutions of higher education, and of |
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river authorities listed in Section 321.0139, as specified in the |
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audit plan. At the direction of the committee, the State Auditor |
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shall conduct an audit or investigation of any entity receiving |
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funds from the state. |
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SECTION 2. STATE AUDITOR. Chapter 321, Government Code, is |
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amended by adding Section 321.0139 to read as follows: |
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Sec. 321.0139. RIVER AUTHORITIES SUBJECT TO ECONOMY AND |
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EFFICIENCY AUDIT. (a) A river authority listed in Subsection (b) |
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is subject to an economy and efficiency audit under this chapter as |
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if it were a state agency. |
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(b) This section applies to the following river authorities |
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in compliance with the reporting deadlines imposed by the enabling |
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legislation of the applicable authority: |
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(1) Angelina and Neches River Authority; |
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(2) Bandera County River Authority and Groundwater |
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District; |
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(3) Brazos River Authority; |
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(4) Central Colorado River Authority; |
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(5) Guadalupe-Blanco River Authority; |
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(6) Lavaca-Navidad River Authority; |
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(7) Lower Colorado River Authority; |
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(8) Lower Neches Valley Authority; |
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(9) Nueces River Authority; |
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(10) Palo Duro River Authority; |
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(11) Red River Authority of Texas; |
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(12) Sabine River Authority of Texas; |
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(13) San Antonio River Authority; |
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(14) San Jacinto River Authority; |
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(15) Sulphur River Basin Authority; |
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(16) Trinity River Authority of Texas; |
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(17) Upper Colorado River Authority; and |
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(18) Upper Guadalupe River Authority. |
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(c) At a reasonable time in advance of an economy and |
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efficiency audit of a river authority, the state auditor shall |
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provide the governing body of the authority with written |
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information relating to the procedures for and scope of the audit. |
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The state auditor shall include in the materials information |
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describing: |
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(1) how the appropriate representatives of the |
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authority may participate in the audit planning process; and |
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(2) how the authority may request information or |
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assistance in preparing for the audit from the state auditor. |
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(d) The state auditor shall seek the recommendations of the |
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Legislative Budget Board in preparing materials to be provided |
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under Subsection (c). |
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(e) A river authority shall pay the cost incurred by the |
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state auditor in conducting an audit of the authority under this |
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section. The state auditor shall determine the cost, and the |
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authority shall pay the amount promptly on receipt of a statement |
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from the state auditor detailing the cost. |
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SECTION 3. ANGELINA AND NECHES RIVER AUTHORITY. Subchapter |
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E, Chapter 8501, Special District Local Laws Code, is amended by |
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adding Section 8501.2025 to read as follows: |
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Sec. 8501.2025. STATE AUDIT. The authority is subject to |
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audit under Chapter 321, Government Code. The state auditor shall |
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file the audit report required by Section 321.014, Government Code, |
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not later than September 1, 2017, and every fifth year after that |
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year. |
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SECTION 4. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER |
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DISTRICT. Chapter 629, Acts of the 62nd Legislature, Regular |
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Session, 1971, is amended by adding Section 3A to read as follows: |
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Sec. 3A. The district is subject to audit under Chapter 321, |
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Government Code. The state auditor shall file the audit report |
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required by Section 321.014, Government Code, not later than |
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September 1, 2017, and every fifth year after that year. |
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SECTION 5. BRAZOS RIVER AUTHORITY. Chapter 8502, Special |
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District Local Laws Code, is amended by adding Section 8502.021 to |
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read as follows: |
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Sec. 8502.021. STATE AUDIT. The authority is subject to |
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audit under Chapter 321, Government Code. The state auditor shall |
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file the audit report required by Section 321.014, Government Code, |
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not later than September 1, 2017, and every fifth year after that |
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year. |
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SECTION 6. CENTRAL COLORADO RIVER AUTHORITY. Subchapter D, |
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Chapter 8505, Special District Local Laws Code, is amended by |
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adding Section 8505.1535 to read as follows: |
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Sec. 8505.1535. STATE AUDIT. The authority is subject to |
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audit under Chapter 321, Government Code. The state auditor shall |
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file the audit report required by Section 321.014, Government Code, |
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not later than September 1, 2017, and every fifth year after that |
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year. |
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SECTION 7. GUADALUPE-BLANCO RIVER AUTHORITY. Chapter 75, |
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Acts of the 43rd Legislature, 1st Called Session, 1933, is amended |
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by adding Section 7A to read as follows: |
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Sec. 7A. The District is subject to audit under Chapter 321, |
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Government Code. The state auditor shall file the audit report |
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required by Section 321.014, Government Code, not later than |
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September 1, 2019, and every fifth year after that year. |
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SECTION 8. LAVACA-NAVIDAD RIVER AUTHORITY. Chapter 186, |
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Acts of the 50th Legislature, Regular Session, 1947, is amended by |
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adding Section 3A to read as follows: |
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Sec. 3A. The District is subject to audit under Chapter 321, |
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Government Code. The state auditor shall file the audit report |
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required by Section 321.014, Government Code, not later than |
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September 1, 2019, and every fifth year after that year. |
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SECTION 9. LOWER COLORADO RIVER AUTHORITY. Section |
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8503.015, Special District Local Laws Code, is amended to read as |
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follows: |
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Sec. 8503.015. AUDITS [AUDIT]. (a) The authority is |
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subject to the audit provisions of: |
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(1) Subchapter G, Chapter 49, Water Code; and |
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(2) Section 321.0139, Government Code. |
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(b) The state auditor shall file the audit report required |
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by Section 321.014, Government Code, not later than September 1, |
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2019, and every fifth year after that year. |
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SECTION 10. LOWER NECHES VALLEY AUTHORITY. Subchapter F, |
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Chapter 8504, Special District Local Laws Code, is amended by |
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adding Section 8504.253 to read as follows: |
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Sec. 8504.253. STATE AUDIT. The authority is subject to |
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audit under Chapter 321, Government Code. The state auditor shall |
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file the audit report required by Section 321.014, Government Code, |
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not later than September 1, 2019, and every fifth year after that |
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year. |
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SECTION 11. NUECES RIVER AUTHORITY. Chapter 427, Acts of |
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the 44th Legislature, 1st Called Session, 1935, is amended by |
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adding Section 2.105 to read as follows: |
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Sec. 2.105. STATE AUDIT. The authority is subject to audit |
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under Chapter 321, Government Code. The state auditor shall file |
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the audit report required by Section 321.014, Government Code, not |
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later than September 1, 2021, and every fifth year after that year. |
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SECTION 12. PALO DURO RIVER AUTHORITY. Chapter 438, Acts of |
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the 63rd Legislature, Regular Session, 1973, is amended by adding |
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Section 19A to read as follows: |
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Sec. 19A. The Authority is subject to audit under Chapter |
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321, Government Code. The state auditor shall file the audit report |
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required by Section 321.014, Government Code, not later than |
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September 1, 2021, and every fifth year after that year. |
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SECTION 13. RED RIVER AUTHORITY OF TEXAS. Chapter 279, Acts |
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of the 56th Legislature, Regular Session, 1959, is amended by |
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adding Section 9A to read as follows: |
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Sec. 9A. The Authority is subject to audit under Chapter |
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321, Government Code. The state auditor shall file the audit report |
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required by Section 321.014, Government Code, not later than |
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September 1, 2021, and every fifth year after that year. |
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SECTION 14. SABINE RIVER AUTHORITY OF TEXAS. Chapter 110, |
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Acts of the 51st Legislature, Regular Session, 1949, is amended by |
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adding Section 9C to read as follows: |
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Sec. 9C. The district is subject to audit under Chapter 321, |
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Government Code. The state auditor shall file the audit report |
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required by Section 321.014, Government Code, not later than |
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September 1, 2023, and every fifth year after that year. |
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SECTION 15. SAN ANTONIO RIVER AUTHORITY. Chapter 276, Acts |
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of the 45th Legislature, Regular Session, 1937, is amended by |
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adding Section 14-b to read as follows: |
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Sec. 14-b. STATE AUDIT. The District is subject to audit |
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under Chapter 321, Government Code. The state auditor shall file |
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the audit report required by Section 321.014, Government Code, not |
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later than September 1, 2023, and every fifth year after that year. |
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SECTION 16. SAN JACINTO RIVER AUTHORITY. Chapter 426, Acts |
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of the 45th Legislature, Regular Session, 1937, is amended by |
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adding Section 6A to read as follows: |
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Sec. 6A. The District is subject to audit under Chapter 321, |
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Government Code. The state auditor shall file the audit report |
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required by Section 321.014, Government Code, not later than |
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September 1, 2023, and every fifth year after that year. |
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SECTION 17. SULPHUR RIVER BASIN AUTHORITY. Chapter 3, Acts |
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of the 69th Legislature, 1st Called Session, 1985, is amended by |
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adding Section 46A to read as follows: |
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Sec. 46A. STATE AUDIT. The authority is subject to audit |
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under Chapter 321, Government Code. The state auditor shall file |
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the audit report required by Section 321.014, Government Code, not |
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later than September 1, 2023, and every fifth year after that year. |
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SECTION 18. TRINITY RIVER AUTHORITY OF TEXAS. Chapter 518, |
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Acts of the 54th Legislature, Regular Session, 1955, is amended by |
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adding Section 19A to read as follows: |
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Sec. 19A. The Authority is subject to audit under Chapter |
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321, Government Code. The state auditor shall file the audit report |
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required by Section 321.014, Government Code, not later than |
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September 1, 2023, and every fifth year after that year. |
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SECTION 19. UPPER COLORADO RIVER AUTHORITY. Chapter 126, |
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General Laws, Acts of the 44th Legislature, Regular Session, 1935, |
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is amended by adding Section 6A to read as follows: |
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Sec. 6A. The District is subject to audit under Chapter 321, |
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Government Code. The state auditor shall file the audit report |
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required by Section 321.014, Government Code, not later than |
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September 1, 2021, and every fifth year after that year. |
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SECTION 20. UPPER GUADALUPE RIVER AUTHORITY. Chapter 5, |
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page 1062, Special Laws, Acts of the 46th Legislature, Regular |
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Session, 1939, is amended by adding Section 5A to read as follows: |
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Sec. 5A. The District is subject to audit under Chapter 321, |
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Government Code. The state auditor shall file the audit report |
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required by Section 321.014, Government Code, not later than |
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September 1, 2021, and every fifth year after that year. |
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SECTION 21. AUDIT OF RIVER AUTHORITIES. Subchapter G, |
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Chapter 49, Water Code, is amended by adding Section 49.1992 to read |
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as follows: |
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Sec. 49.1992. AUDIT OF RIVER AUTHORITIES. (a) A district |
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that is a river authority is subject to an economy and efficiency |
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audit by the state auditor's office under Section 321.0139, |
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Government Code. |
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(b) The state auditor's participation under this section is |
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subject to approval by the legislative audit committee for |
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inclusion in the audit plan under Section 321.013(c), Government |
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Code. |
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SECTION 22. TRANSITION. (a) Subject to approval by the |
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Legislative Audit Committee for inclusion in the audit plan under |
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Section 321.013(c), Government Code, the state auditor shall |
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conduct economy and efficiency audits of the river authorities |
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listed in Section 321.0139, Government Code, as added by this Act. |
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(b) A river authority audited under Chapter 321, Government |
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Code, as amended by this Act, shall cooperate and provide |
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assistance and access to all necessary records, confidential or |
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nonconfidential, to the state auditor in conducting the audit. |
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SECTION 23. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2015. |