Bill Text: TX HB28 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to an audit by the state auditor of certain programs and funds providing economic development incentives to entities and other persons.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2015-05-14 - Postponed [HB28 Detail]

Download: Texas-2015-HB28-Comm_Sub.html

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84R22516 CLG-D
By: Button, Nevárez H.B. No. 28
Substitute the following for H.B. No. 28:
By: Johnson C.S.H.B. No. 28

A BILL TO BE ENTITLED
AN ACT
relating to an audit by the state auditor of certain programs and
funds providing economic development incentives to entities and
other persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 321, Government Code, is amended by
adding Section 321.0139 to read as follows:
Sec. 321.0139. AUDIT OF CERTAIN ECONOMIC DEVELOPMENT
PROGRAMS AND FUNDS. (a) Beginning September 1, 2015, once every 12
years the state auditor shall conduct an audit of each of the
following:
(1) the rural economic development and investment
program established under Section 12.0271, Agriculture Code; and
(2) the young farmer grant program under Subchapter G,
Chapter 58, Agriculture Code.
(b) Beginning September 1, 2017, once every 12 years the
state auditor shall conduct an audit of each of the following:
(1) the agricultural biomass and landfill diversion
incentive program established under Chapter 22, Agriculture Code;
(2) the defense economic adjustment assistance grant
program;
(3) the agricultural loan guarantee program
established under Subchapter E, Chapter 58, Agriculture Code;
(4) the young farmer interest rate reduction program
established under Subchapter F, Chapter 58, Agriculture Code; and
(5) the interest rate reduction program established
under Section 44.007, Agriculture Code.
(c) Beginning September 1, 2019, once every 12 years the
state auditor shall conduct an audit of each of the following:
(1) the rural investment fund program under Section
12.046, Agriculture Code;
(2) the capital access program established under
Subchapter BB, Chapter 481;
(3) the linked deposit program established under
Section 481.193;
(4) the moving image industry incentive program under
Subchapter B, Chapter 485;
(5) the product development program under Subchapter
D, Chapter 489;
(6) the small business incubator program under
Subchapter D, Chapter 489; and
(7) the certified capital company program established
under Chapter 228, Insurance Code.
(d) Beginning September 1, 2021, once every 12 years the
state auditor shall conduct an audit of each of the following:
(1) the program to provide grants of money from the
Texas Enterprise Fund under Section 481.078;
(2) the program to provide disbursements from events
trust funds established under Section 5C, Chapter 1507 (S.B. 456),
Acts of the 76th Legislature, Regular Session, 1999 (Article
5190.14, Vernon's Texas Civil Statutes), for event support
contracts; and
(3) the program to provide disbursements from major
events trust funds established under Section 5A, Chapter 1507 (S.B.
456), Acts of the 76th Legislature, Regular Session, 1999 (Article
5190.14, Vernon's Texas Civil Statutes), for game support contracts
or event support contracts.
(e) Beginning September 1, 2023, once every 12 years the
state auditor shall conduct an audit of each of the following:
(1) the program to provide disbursements from motor
sports racing trust funds established under Section 5B, Chapter
1507 (S.B. 456), Acts of the 76th Legislature, Regular Session,
1999 (Article 5190.14, Vernon's Texas Civil Statutes), for motor
sports racing events support contracts or event support contracts;
(2) the program to provide disbursements from special
event trust funds established under Section 398.007, Local
Government Code;
(3) the program to provide allocations of money for
emerging technology from the Texas emerging technology fund
established under Chapter 490; and
(4) the skills development fund program established
under Chapter 303, Labor Code.
(f) The state auditor may establish the scope of an audit
and objective for an audit conducted under this section that are
consistent with generally accepted government auditing standards
and with other audits conducted by the state auditor under this
chapter.
(g) To the extent practicable, the state auditor may assess
the efficiency and effectiveness of the program or fund subject to
an audit under this section.
(h) The state auditor shall prepare a report of each audit
conducted under this section. Not later than the second anniversary
of the date on which an audit required to be conducted under this
section is scheduled to begin, the state auditor shall file the
report with the lieutenant governor, the speaker of the house of
representatives, and the presiding officer of each standing
committee of the senate and house of representatives with primary
jurisdiction over economic development.
(i) The scheduling of the audits specified by this section
is subject to a risk assessment in accordance with Chapter 321 and
to inclusion in the annual audit plan under Section 321.013(c). If
the state auditor determines that an exception to the schedule
specified by this section is warranted, the state auditor shall
notify the Legislative Audit Committee and each standing committee
of the senate and house of representatives with primary
jurisdiction over economic development of the reasons for the
exception.
SECTION 2. This Act takes effect September 1, 2015.