Bill Text: TX SB707 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to transferring the Legislative Budget Board's performance review duties to the comptroller.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-23 - Referred to Finance [SB707 Detail]
Download: Texas-2011-SB707-Introduced.html
82R1921 KJM-D | ||
By: Watson | S.B. No. 707 |
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relating to transferring the Legislative Budget Board's | ||
performance review duties to the comptroller. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 322.015, 322.016, 322.0165, 322.017, | ||
and 322.018, Government Code, are transferred to Chapter 403, | ||
Government Code, designated as Subchapter Q, Chapter 403, | ||
Government Code, and amended, and a subchapter heading is added to | ||
read as follows: | ||
SUBCHAPTER Q. PERFORMANCE REVIEWS | ||
Sec. 403.421 [ |
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COMPETITION. The comptroller [ |
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analyze the effectiveness and efficiency of the policies, | ||
management, fiscal affairs, and operations of an organization that | ||
is a component or part of a state agency or institution and that | ||
sanctions or conducts interscholastic competition. The | ||
comptroller [ |
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the legislature. The legislature may consider the comptroller's | ||
[ |
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appropriations process. | ||
Sec. 403.422 [ |
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DISTRICTS. (a) The comptroller [ |
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the effectiveness and efficiency of the operations of school | ||
districts, including the district's expenditures for its officers' | ||
and employees' travel services. A review of a school district may | ||
be initiated by the comptroller [ |
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discretion or on the request of the school district. A review may | ||
be initiated by a school district only by resolution adopted by a | ||
majority of the members of the board of trustees of the district. | ||
(b) If a review is initiated on the request of the school | ||
district, the district shall pay 25 percent of the cost incurred in | ||
conducting the review. | ||
(c) The comptroller [ |
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(1) prepare a report showing the results of each | ||
review conducted under this section; | ||
(2) file the report with the school district, the | ||
governor, the lieutenant governor, the speaker of the house of | ||
representatives, the chairs of the standing committees of the | ||
senate and the house of representatives with jurisdiction over | ||
public education, and the commissioner of education; and | ||
(3) make the entire report and a summary of the report | ||
available to the public on the Internet. | ||
(d) Until the comptroller [ |
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under this section, all information, documentary or otherwise, | ||
prepared or maintained in conducting the review or preparing the | ||
review report, including intra-agency and interagency | ||
communications and drafts of the 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. | ||
Sec. 403.423 [ |
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INSTITUTIONS OF HIGHER EDUCATION. (a) In this section, "public | ||
junior college" and "general academic teaching institution" have | ||
the meanings assigned by Section 61.003, Education Code. | ||
(b) The comptroller [ |
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effectiveness and efficiency of the budgets and operations of: | ||
(1) public junior colleges; and | ||
(2) general academic teaching institutions. | ||
(c) A review under this section may be initiated by the | ||
comptroller [ |
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(1) the governor; or | ||
(2) the public junior college or general academic | ||
teaching institution. | ||
(d) A review may be initiated by a public junior college or | ||
general academic teaching institution only at the request of the | ||
president of the college or institution or by a resolution adopted | ||
by a majority of the governing body of the college or institution. | ||
(e) If a review is initiated by a public junior college or | ||
general academic teaching institution, the college or institution | ||
shall pay 25 percent of the cost incurred in conducting the review. | ||
(f) The comptroller [ |
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(1) prepare a report showing the results of each | ||
review conducted under this section; | ||
(2) file the report with: | ||
(A) the chief executive officer of the public | ||
junior college or general academic teaching institution that is the | ||
subject of the report; and | ||
(B) the governor, the lieutenant governor, the | ||
speaker of the house of representatives, the chairs of the standing | ||
committees of the senate and of the house of representatives with | ||
primary jurisdiction over higher education, and the commissioner of | ||
higher education; and | ||
(3) make the entire report and a summary of the report | ||
available to the public on the Internet. | ||
(g) Until the comptroller [ |
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under this section, all information, documentary or otherwise, | ||
prepared or maintained in conducting the review or preparing the | ||
review report, including intra-agency and interagency | ||
communications and drafts of the 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. | ||
Sec. 403.424 [ |
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AGENCIES. (a) In this section, "state agency" has the meaning | ||
assigned by Section 2056.001. | ||
(b) The comptroller [ |
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analyze the effectiveness and efficiency of the policies, | ||
management, fiscal affairs, and operations of state agencies. | ||
(c) The comptroller [ |
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review and analysis to the governor and the legislature. | ||
(d) The legislature may consider the comptroller's | ||
[ |
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appropriations process. | ||
(e) Until the comptroller [ |
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analysis under this section, all information, documentary or | ||
otherwise, prepared or maintained in conducting the review and | ||
analysis or preparing the review report, including intra-agency and | ||
interagency communications and drafts of the 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. | ||
Sec. 403.425 [ |
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In this section, "state agency" has the meaning assigned by Section | ||
2056.001. | ||
(b) The comptroller [ |
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analyze the effectiveness and efficiency of the policies and | ||
management of a state governmental committee or state agency that | ||
is involved in: | ||
(1) analyzing and recommending improvements to the | ||
state's system of records management; and | ||
(2) preserving the essential records of this state, | ||
including records relating to financial management information. | ||
SECTION 2. (a) In this section, "performance review" means | ||
a function performed by the Legislative Budget Board before the | ||
effective date of this Act under Section 322.015, 322.016, | ||
322.0165, 322.017, or 322.018, Government Code. | ||
(b) On the effective date of this Act, the following are | ||
transferred from the Legislative Budget Board to the comptroller of | ||
public accounts: | ||
(1) all employees whose primary duties involve | ||
performing or supporting the performance of performance reviews; | ||
(2) all records and equipment primarily used by the | ||
board in connection with performance reviews; and | ||
(3) all appropriations for the state fiscal biennium | ||
beginning September 1, 2011, made to or budgeted by the board | ||
specifically for performance reviews. | ||
(c) If the Legislative Budget Board does not receive | ||
appropriations specifically designated for performance review | ||
purposes for the state fiscal biennium beginning September 1, 2011, | ||
and has not specifically budgeted amounts for performance review | ||
purposes for that biennium, an amount equal to the amount of | ||
appropriations specifically designated for or budgeted by the | ||
Legislative Budget Board for performance review purposes for the | ||
state fiscal biennium beginning September 1, 2009, is transferred | ||
from appropriations made to the Legislative Budget Board for the | ||
state fiscal biennium beginning September 1, 2011, to the | ||
comptroller of public accounts for that biennium. | ||
SECTION 3. This Act takes effect September 1, 2011. |