By: Otto, et al. (Senate Sponsor - Nelson) H.B. No. 5
         (In the Senate - Received from the House April 9, 2015;
  April 21, 2015, read first time and referred to Committee on
  Finance; May 15, 2015, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 11, Nays 0;
  May 15, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 5 By:  Nelson
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         NelsonX
         HinojosaX
         BettencourtX
         EltifeX
         HancockX
         HuffmanX
         KolkhorstX
         NicholsX
         SchwertnerX
         SeligerX
         Taylorof GalvestonX
         UrestiX
         WatsonX
         WestX
         WhitmireX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to strategic fiscal reviews of state agencies and
  programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 322, Government Code, is amended by
  adding Section 322.0175 to read as follows:
         Sec. 322.0175.  STRATEGIC FISCAL REVIEW OF STATE AGENCIES
  AND PROGRAMS.  (a)  The board shall perform a strategic fiscal
  review for each state agency currently the subject of Sunset
  Advisory Commission review under Chapter 325, Government Code.
         (b)  The board shall prepare and submit a report of the
  findings of the strategic fiscal review by September 1 of the
  even-numbered year of the biennium during which the review is
  conducted to the governor, lieutenant governor, and speaker of the
  house of representatives and to the members of the senate finance
  and house appropriations committees.
         (c)  The strategic fiscal review report must contain:
               (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 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;
               (3)  for each activity identified under Subdivision
  (1), 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;
               (4)  for each activity identified under Subdivision
  (1), 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;
               (5)  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
               (6)  recommendations to the legislature regarding
  whether the legislature should continue funding each activity
  identified under Subdivision (1) and, if so, at what level.
         (d)  The legislature may consider the strategic fiscal
  review reports in connection with the legislative appropriations
  process.
         (e)  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 2.  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.
 
  * * * * *