Bill Text: TX HB5 | 2015-2016 | 84th Legislature | Engrossed


Bill Title: Relating to strategic fiscal reviews of state agencies.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed) 2015-04-21 - Referred to Finance [HB5 Detail]

Download: Texas-2015-HB5-Engrossed.html
  84R3122 BEF-D
 
  By: Otto, Burkett, et al. H.B. No. 5
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to strategic fiscal reviews of state agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 322.007, Government Code,
  is amended to read as follows:
         Sec. 322.007.  ESTIMATES, [AND] REPORTS, AND INFORMATION.
         SECTION 2.  Sections 322.007(a) and (b), Government Code,
  are amended to read as follows:
         (a)  Each institution, department, agency, officer,
  employee, or agent of the state shall submit:
               (1)  any estimate or report relating to appropriations
  requested by the board or under the board's direction; and
               (2)  any information requested by the board in
  connection with a strategic fiscal review.
         (b)  Each estimate, [or] report, or item of information shall
  be submitted at a time set by the board and in the manner and form
  prescribed by board rules.
         SECTION 3.  Chapter 322, Government Code, is amended by
  adding Section 322.0175 to read as follows:
         Sec. 322.0175.  STRATEGIC FISCAL REVIEWS OF STATE AGENCIES.
  (a) Not later than September 1 of each odd-numbered year, the
  director shall recommend to the board state agencies to undergo
  strategic fiscal review before the next regular legislative
  session.
         (b)  The board shall select the state agencies to undergo
  strategic fiscal review and conduct the reviews with the assistance
  of the director.
         (c)  Not later than the seventh day after the date a regular
  legislative session convenes, the board shall submit to the
  legislature written reports of the findings of each strategic
  fiscal review conducted by the board since the previous legislative
  session.
         (d)  The board shall include in the written report of the
  findings of a strategic fiscal review:
               (1)  a description of the discrete activities the state
  agency is charged with conducting or performing together with:
                     (A)  a justification for each activity by
  reference to a statute or other legal authority; and
                     (B)  an evaluation of the effectiveness and
  efficiency of the state agency's policies, management, fiscal
  affairs, and operations in relation to each activity;
               (2)  for each activity identified under Subdivision
  (1):
                     (A)  a quantitative estimate of any adverse
  effects that reasonably may be expected to result if the activity
  were discontinued, together with a description of the methods by
  which the adverse effects were estimated;
                     (B)  an itemized account of expenditures required
  to maintain the activity at the minimum level of service or
  performance required by the statute or other legal authority,
  together with a concise statement of the quantity and quality of
  service or performance required at that minimum level; and
                     (C)  an itemized account of expenditures required
  to maintain the activity at the current level of service or
  performance, together with a concise statement of the quantity and
  quality of service or performance provided at that current level;
               (3)  a ranking of activities identified under
  Subdivision (1) that illustrates the relative importance of each
  activity to the overall goals and purposes of the state agency at
  current service or performance levels; and
               (4)  recommendations to the legislature regarding
  whether the legislature should continue funding each activity
  identified under Subdivision (1) and, if so, at what level.
         (e)  The legislature may consider reports of the findings of
  strategic fiscal reviews in connection with the legislative
  appropriation process.
         (f)  The legislature may consider a state agency's
  compliance with the strategic fiscal review process in making
  appropriations to that agency.
         (g)  Until the board has completed a strategic fiscal review
  under this section, all information, documentary or otherwise,
  prepared or maintained in conducting the strategic fiscal review or
  preparing the strategic fiscal review report, including
  intra-agency and interagency communications and drafts of the
  strategic fiscal review report or portions of those drafts, is
  excepted from required public disclosure as audit working papers
  under Section 552.116.  This subsection does not affect whether
  information described by this subsection is confidential or
  excepted from required public disclosure under a law other than
  Section 552.116.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
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