Bill Text: TX SB641 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to periodic zero-based budgeting for certain political subdivisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-13 - Referred to Finance [SB641 Detail]

Download: Texas-2017-SB641-Introduced.html
  85R1385 SCL-D
 
  By: Bettencourt S.B. No. 641
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to periodic zero-based budgeting for certain political
  subdivisions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 44, Education Code, is
  amended by adding Section 44.0025 to read as follows:
         Sec. 44.0025.  PERIODIC ZERO-BASED BUDGET REQUIRED FOR
  CERTAIN SCHOOL DISTRICTS AND COUNTY DEPARTMENTS OF EDUCATION;
  CONTENTS. (a) This section applies only to:
               (1)  a school district with a student enrollment of
  50,000 or more; and
               (2)  a county department of education in a county with a
  population of 3.3 million or more.
         (b)  In addition to the required annual itemized budget, the
  superintendent of the school district or county department of
  education shall prepare, in plain language and an easily readable
  and understandable format, a zero-based budget every 12th year that
  contains:
               (1)  a description of the discrete activities the
  district or department conducts or performs with:
                     (A)  a justification for each activity by
  reference to a statute, rule, or other legal authority; and
                     (B)  an evaluation of the effectiveness and
  efficiency of the district's or department'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 any minimum level of service required by statute, rule,
  or other legal authority, together with a concise statement of the
  quantity and quality of service 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 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 district or
  department at current service levels; and
               (6)  recommendations to the board of trustees of the
  district or department regarding whether the district or department
  should continue funding each activity identified under Subdivision
  (1) and, if so, at what level.
         (c)  In preparing the zero-based budget, the superintendent
  of the school district or county department of education may
  require any district or department officer or employee to provide
  information necessary to properly prepare the budget.
         (d)  The superintendent of the school district or county
  department of education shall file a copy of the zero-based budget
  with the agency on or before the date the proposed budget is filed,
  and the copy of the zero-based budget shall be available for public
  inspection in the district's or department's central administrative
  office. If the district or department maintains an Internet
  website, the district or department shall take action to ensure
  that the zero-based budget is posted on the website.
         (e)  At a public meeting held to adopt a budget, the board of
  trustees of the school district or county department of education
  shall consider information presented in the zero-based budget in
  addition to the proposed budget.
         SECTION 2.  Chapter 102, Local Government Code, is amended
  by adding Section 102.0055 to read as follows:
         Sec. 102.0055.  PERIODIC ZERO-BASED BUDGET REQUIRED;
  CONTENTS. (a) This section applies only to a municipality with a
  population of 225,000 or more.
         (b)  In addition to the annual itemized budget required under
  Section 102.003, the budget officer shall prepare, in plain
  language and an easily readable and understandable format, a
  zero-based budget every 12th year that contains:
               (1)  a description of the discrete activities the
  municipality conducts or performs with:
                     (A)  a justification for each activity by
  reference to a statute, charter provision, ordinance, or other
  legal authority; and
                     (B)  an evaluation of the effectiveness and
  efficiency of the municipality'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 any minimum level of service required by statute,
  charter provision, ordinance, or other legal authority, together
  with a concise statement of the quantity and quality of service
  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 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 municipality at
  current service levels; and
               (6)  recommendations to the governing body of the
  municipality regarding whether the municipality should continue
  funding each activity identified under Subdivision (1) and, if so,
  at what level.
         (c)  In preparing the zero-based budget, the budget officer
  may require any municipal officer or board to provide information
  necessary for the budget officer to properly prepare the budget.
         (d)  The budget officer shall file a copy of the zero-based
  budget with the municipal clerk on or before the date the proposed
  budget is filed, and the copy of the zero-based budget shall be
  available for public inspection. If the municipality maintains an
  Internet website, the municipal clerk shall take action to ensure
  that the zero-based budget is posted on the website.
         (e)  At a public hearing held to adopt a budget under this
  chapter, the governing body of the municipality shall consider
  information presented in the zero-based budget in addition to the
  proposed budget.
         SECTION 3.  Subchapter B, Chapter 111, Local Government
  Code, is amended by adding Section 111.0375 to read as follows:
         Sec. 111.0375.  PERIODIC ZERO-BASED BUDGET REQUIRED;
  CONTENTS. (a) In addition to the annual itemized budget required
  under Section 111.034, the county auditor shall prepare, in plain
  language and an easily readable and understandable format, a
  zero-based budget every 12th year that contains:
               (1)  a description of the discrete activities the
  county conducts or performs with:
                     (A)  a justification for each activity by
  reference to a statute, order, or other legal authority; and
                     (B)  an evaluation of the effectiveness and
  efficiency of the county'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 any minimum level of service required by statute,
  order, or other legal authority, together with a concise statement
  of the quantity and quality of service 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 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 county at current
  service levels; and
               (6)  recommendations to the commissioners court of the
  county regarding whether the county should continue funding each
  activity identified under Subdivision (1) and, if so, at what
  level.
         (b)  In preparing the zero-based budget, the county auditor
  may require any district, county, or precinct officer of the county
  to provide information necessary for the auditor to properly
  prepare the budget.
         (c)  The county auditor shall file a copy of the zero-based
  budget with the county clerk on or before the date the proposed
  budget is filed, and the copy of the zero-based budget shall be
  available for public inspection. If the county maintains an
  Internet website, the county clerk shall take action to ensure that
  the zero-based budget is posted on the website.
         (d)  At a public hearing held to adopt a budget under this
  subchapter, the commissioners court shall consider information
  presented in the zero-based budget in addition to the proposed
  budget.
         SECTION 4.  Subchapter C, Chapter 111, Local Government
  Code, is amended by adding Section 111.0665 to read as follows:
         Sec. 111.0665.  PERIODIC ZERO-BASED BUDGET REQUIRED;
  CONTENTS. (a) This section applies only to a county with a
  population of 225,000 or more.
         (b)  In addition to the annual itemized budget required under
  Section 111.063, the budget officer shall prepare, in plain
  language and an easily readable and understandable format, a
  zero-based budget every 12th year that contains:
               (1)  a description of the discrete activities the
  county conducts or performs with:
                     (A)  a justification for each activity by
  reference to a statute, order, or other legal authority; and
                     (B)  an evaluation of the effectiveness and
  efficiency of the county'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 any minimum level of service required by statute,
  order, or other legal authority, together with a concise statement
  of the quantity and quality of service 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 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 county at current
  service levels; and
               (6)  recommendations to the commissioners court of the
  county regarding whether the county should continue funding each
  activity identified under Subdivision (1) and, if so, at what
  level.
         (c)  In preparing the zero-based budget, the budget officer
  may require the county auditor or any other district, county, or
  precinct officer of the county to provide information necessary for
  the budget officer to properly prepare the budget.
         (d)  The budget officer shall file a copy of the zero-based
  budget with the county clerk and county auditor on or before the
  date the proposed budget is filed, and the copy of the zero-based
  budget shall be available for public inspection.
         (e)  At a public hearing held to adopt a budget under this
  subchapter, the commissioners court shall consider information
  presented in the zero-based budget in addition to the proposed
  budget.
         SECTION 5.  The superintendent of a school district or
  county department of education, the budget officer of a
  municipality, or the county auditor or budget officer of a county,
  as applicable, shall prepare an initial zero-based budget as
  described by Section 44.0025, Education Code, or Section 102.0055,
  111.0375, or 111.0665, Local Government Code, as added by this Act,
  as applicable, for the fiscal year beginning on or after September
  1, 2019.
         SECTION 6.  This Act takes effect September 1, 2017.
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