reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.0134. Effectiveness Audit

Sec. 321.0134.  EFFECTIVENESS AUDIT.  (a)  An effectiveness audit is an audit to determine, according to established or designated program objectives, responsibilities or duties, statutes and regulations, program performance criteria, or program evaluation standards:
(1)  whether the objectives and intended benefits are being achieved efficiently and effectively;  and
(2)  whether the program duplicates, overlaps, or conflicts with another state program.
(b)  An effectiveness audit may be scheduled only when the audited entity is not scheduled for review under the Texas Sunset Act (Chapter 325).
Added by Acts 1987, 70th Leg., ch. 862, Sec. 6, eff. Aug. 31, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.0135. Special Audit

Sec. 321.0135.  SPECIAL AUDIT.  A special audit is a financial audit of limited scope.
Added by Acts 1987, 70th Leg., ch. 862, Sec. 6, eff. Aug. 31, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.0136. Investigation

Sec. 321.0136.  INVESTIGATION.  An investigation is an inquiry into specified acts or allegations of impropriety, malfeasance, or nonfeasance in the obligation, expenditure, receipt, or use of state funds, or into specified financial transactions or practices that may involve such impropriety, malfeasance, or nonfeasance.
Added by Acts 1987, 70th Leg., ch. 862, Sec. 6, eff. Aug. 31, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.0137. Independent Audit of Junior College District

Sec. 321.0137.  INDEPENDENT AUDIT OF JUNIOR COLLEGE DISTRICT.  (a)  At a reasonable time in advance of an independent audit of a junior college district, the state auditor shall provide the presiding officer of the district's governing body and the chief executive officer of the district with written information relating to the procedures for and scope of the audit.  The state auditor shall include in the materials information describing:
(1)  how the appropriate representatives of the district may participate in the audit planning process;  and
(2)  how the district may request information or assistance in preparing for the audit from the state auditor.
(b)  The state auditor shall seek the recommendations of the Texas Higher Education Coordinating Board in preparing materials to be provided under Subsection (a).
Added by Acts 1997, 75th Leg., ch. 978, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.014. Audit Reports

Sec. 321.014.  AUDIT REPORTS.  (a)  The State Auditor shall prepare a written report for each audit conducted by the State Auditor.
(b)  The written report must include comments about internal controls, compliance with state or federal laws, and recommendations for improving financial operations or program effectiveness, as applicable.  The report must also include an opinion on fair presentation of financial statements if the State Auditor considers an opinion to be necessary.
(c)  The State Auditor shall submit each report to the committee prior to publication.  The State Auditor shall file a copy of each report prepared under this section with:
(1)  the governor;
(2)  the lieutenant governor;
(3)  the speaker of the house of representatives;
(4)  the secretary of state;
(5)  the Legislative Reference Library;
(6)  each member of the governing body and the administrative head of each entity that is the subject of the report;  and
(7)  members of the legislature on a committee with oversight responsibility for the entity or program that is the subject of the report.
(d)  The State Auditor shall maintain a complete file containing:
(1)  copies of each audit report;  and
(2)  audit work papers and other evidence relating to the work of the State Auditor.
(e)  The State Auditor shall maintain the files required by Subsection (d) for at least eight years after the date on which the information is filed.
(f)  Each audited department or entity shall report on the manner in which the department or entity has addressed the findings and recommendations that are included in a report prepared by the state auditor under this section.  The state auditor shall prescribe the form and schedule for a report by the department or entity under this subsection.
(g)  If a department or entity does not agree with a recommendation contained in the state auditor's report, the department or entity shall file a report with the State Auditor and the persons specified by Subsection (c).  The report must:
(1)  identify the recommendation with which the department or entity did not agree;
(2)  state the reason the department or entity did not agree with the recommendation;  and
(3)  state whether the department or entity intends to implement the recommendation.
(h)  Repealed by Acts 1989, 71st Leg., ch. 2, Sec. 9.02, eff. Aug. 28, 1989.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.09(a), eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 862, Sec. 7, eff. Aug. 31, 1987;  Acts 1989, 71st Leg., ch. 2, Sec. 9.02, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 599, Sec. 30, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1122, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1499, Sec. 1.05, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 785, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.016. Improper Practices and Illegal Transactions

Sec. 321.016.  IMPROPER PRACTICES AND ILLEGAL TRANSACTIONS.  (a)  If in the course of an audit the State Auditor finds evidence of improper practices of financial administration, inadequate fiscal records, uneconomical use of resources, or ineffective program performance, the State Auditor, after consulting with the head of the agency, shall immediately report the evidence to the governor, the committee, and the administrative head and the chairman of the governing body of the affected department.
(b)  If in the course of an audit the State Auditor finds evidence of an illegal transaction, the State Auditor, after consulting with the head of the agency, shall immediately report the transaction to the governor, the committee, and the appropriate legal authority.
(c)  Immediately after the committee receives a report from the State Auditor alleging improper practices of financial administration, uneconomical use of resources, or ineffective program performance, the committee shall review the report and shall consult with and may hold hearings with the administrative head and the chairman of the governing body of the affected department regarding the report.
(d)  If the administrative head or the governing body of the affected department refuses to make the changes recommended by the committee at the hearing or provide any additional information or reports requested, the committee shall report the refusal to the legislature.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 862, Sec. 9, eff. Aug. 31, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.0161. Gross Mismanagement; Expanding Scope of Audit

Sec. 321.0161.  GROSS MISMANAGEMENT; EXPANDING SCOPE OF AUDIT. If in the course of an audit of a state agency or institution the State Auditor finds evidence of gross mismanagement or grossly improper management oversight practices, the State Auditor, after consulting with the head of the agency or institution, shall as soon as is practicable expand the scope of the audit into other aspects of the operations of the agency or institution to determine whether similar problems exist elsewhere.
Added by Acts 2007, 80th Leg., R.S., Ch. 758 (H.B. 3290), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.017. Review and Oversight of Funds and Accounts Receiving Court Costs

Sec. 321.017.  REVIEW AND OVERSIGHT OF FUNDS AND ACCOUNTS RECEIVING COURT COSTS.  (a)  The state auditor may review each fund and account into which money collected as a court cost is directed by law to be deposited to determine whether:
(1)  the money is being used for the purpose or purposes for which the money is collected;  and
(2)  the amount of the court cost is appropriate, considering the purpose or purposes for which the cost is collected.
(b)  The state auditor may perform reviews under this section as specified in the audit plan developed under Section 321.013.
(c)  The state auditor shall make the findings of a review performed under this section available to the public and shall report the findings to the governor, the chief justice of the supreme court, the presiding judge of the court of criminal appeals, and the committee.  The report may include the state auditor's recommendations for legislation or policy changes.
Added by Acts 2001, 77th Leg., ch. 952, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.018. Subpoenas

Sec. 321.018.  SUBPOENAS.  (a)  At the request of the State Auditor or on its own motion, the committee may subpoena witnesses or any books, records, or other documents reasonably necessary to conduct an examination under this chapter.
(b)  Each subpoena must be signed by either of the joint chairs of the committee or the secretary of the committee.
(c)  On the request of either of the joint chairs of the committee or the secretary of the committee, the sergeant at arms or an assistant sergeant at arms of either house of the legislature or any peace officer shall serve the subpoena in the manner prescribed for service of a district court subpoena.
(d)  If the person to whom a subpoena is directed fails to comply, the committee may bring suit in district court to enforce the subpoena.  If the court determines that good cause exists for the issuance of the subpoena, the court shall order compliance.  The court may modify the requirements of a subpoena that the court determines are unreasonable.  Failure to comply with the order of the district court is punishable as contempt.
(e)  The committee may provide for the compensation of subpoenaed witnesses.  The amount of compensation may not exceed the amount paid to a witness subpoenaed by a district court in a civil proceeding.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.02, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.019. Interference With Audit or Investigation

Sec. 321.019.  INTERFERENCE WITH AUDIT OR INVESTIGATION.  (a)  An officer or employee of this state or of an entity subject to audit or investigation by the state auditor commits an offense if the officer or employee:
(1)  refuses to immediately permit the State Auditor to examine or have access to the books, accounts, reports, vouchers, papers, documents, or electronic data to which the State Auditor is entitled under Section 321.013(e) or other law, or to the cash drawer, or cash from the officer's or employee's department;
(2)  interferes with an examination by the State Auditor;  or
(3)  refuses to make a report required by this chapter.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 862, Sec. 10, eff. Aug. 31, 1987;  Acts 1997, 75th Leg., ch. 1122, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.020. Coordination of Certain Audits

Sec. 321.020.  COORDINATION OF CERTAIN AUDITS.  (a)  Notwithstanding any other law, a state agency, or a corporation that is dedicated to the benefit of a state agency and that meets the criteria specified by Section B, Article 2.23B, Texas Non-Profit Corporation Act (Article 1396-2.23B, Vernon's Texas Civil Statutes), may employ a private auditor to audit the state agency or corporation only if:
(1)  the agency or corporation is authorized to contract with a private auditor through a delegation of authority from the state auditor;
(2)  the scope of the proposed audit has been submitted to the state auditor for review and comment; and
(3)  the services of the private auditor are procured through a competitive selection process in a manner allowed by law.
(b)  At the joint direction of the lieutenant governor and the speaker of the house of representatives, the state auditor shall provide contract management services to the agency or corporation for an audit described by this section.
Added by Acts 1997, 75th Leg., ch. 1122, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1012 (H.B. 905), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.021. Gifts and Grants

Sec. 321.021.  GIFTS AND GRANTS.  (a)  The legislative audit committee may accept gifts, grants, and donations from any organization described in Section 501(c)(3) of the Internal Revenue Code for the purpose of funding any activity under this chapter.
(b)  All gifts, grants, and donations must be accepted in an open meeting by a majority of the voting members of the legislative audit committee and reported in the public record of the committee with the name of the donor and purpose of the gift, grant, or donation.
Added by Acts 1987, 70th Leg., ch. 617, Sec. 2, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.022. Coordination of Investigations

Sec. 321.022.  COORDINATION OF INVESTIGATIONS.  (a)  If the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the state auditor.  The state auditor may investigate the report or may monitor any investigation conducted by the department or entity.
(b)  The state auditor, in consultation with state agencies and institutions, shall prescribe the form, content, and timing of a report required by this section.
(c)  All records of a communication by or to the state auditor relating to a report to the state auditor under Subsection (a) are audit working papers of the state auditor.
Added by Acts 1997, 75th Leg., ch. 1122, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 321 - State Auditor › Section 321.023. Seal

Sec. 321.023.  SEAL.  The state auditor shall obtain a seal with "State Auditor, State of Texas" engraved around the margin and a five-pointed star in the center to be used to authenticate official documents issued by the state auditor.
Added by Acts 1989, 71st Leg., ch. 584, Sec. 122, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.001. Membership

Sec. 322.001.  MEMBERSHIP.  (a)  The Legislative Budget Board consists of:
(1)  the lieutenant governor;
(2)  the speaker of the house of representatives;
(3)  the chairman of the senate finance committee;
(4)  the chairman of the house appropriations committee;
(5)  the chairman of the house ways and means committee;
(6)  three members of the senate appointed by the lieutenant governor;  and
(7)  two other members of the house appointed by the speaker.
(b)  The lieutenant governor and the speaker are joint chairs of the board.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 1328, Sec. 5, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.03, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.004. Director

Sec. 322.004.  DIRECTOR.  (a)  The board shall appoint a director to serve at the pleasure of the board.  The director is accountable only to the board.
(b)  The director may make recommendations and, when the board specifically requests, shall make recommendations on a matter before the board relating to a function or duty of any state institution, department, agency, officer, or employee.
(c)  The director may not vote on a question or issue before the board.
(d)  The board shall set the salary of the director.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.005. Personnel

Sec. 322.005.  PERSONNEL.  (a)  The director may employ personnel as necessary to perform the functions of the board.
(b)  The director shall set the salaries of the personnel employed by the director.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 741 (H.B. 2753), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.007. Estimates and Reports

Sec. 322.007.  ESTIMATES AND REPORTS.  (a)  Each institution, department, agency, officer, employee, or agent of the state shall submit any estimate or report relating to appropriations requested by the board or under the board's direction.
(b)  Each estimate or report shall be submitted at a time set by the board and in the manner and form prescribed by board rules.
(c)  An estimate or report required under this section is in addition to an estimate or report required by other law, including those estimates or reports relating to appropriations required by Chapter 401.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(10), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.008. Appropriations Bill

Sec. 322.008.  APPROPRIATIONS BILL.  (a)  The director, under the direction of the board, shall prepare the general appropriations bill for introduction at each regular legislative session.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(b), eff. September 1, 2019.
(c)  Not later than the fifth day after a regular legislative session convenes, the director shall transmit a copy of the budget of estimated appropriations prepared by the director to the governor and each member of the legislature.
(d)  Not later than the seventh day after a regular legislative session convenes, the director shall transmit a copy of the general appropriations bill to the governor and each member of the legislature.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 1, Sec. 1.19, eff. Sept. 1, 1990;  Acts 1997, 75th Leg., ch. 165, Sec. 6.12, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1071, Sec. 26, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(b), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.0081. Budget Documents Online

Sec. 322.0081.  BUDGET DOCUMENTS ONLINE.  (a)  The board shall post on the board's Internet website documents prepared by the board that are provided to a committee, subcommittee, or conference committee of either house of the legislature in connection with an appropriations bill.
(b)  The board shall post a document to which this section applies as soon as practicable after the document is provided to a committee, subcommittee, or conference committee.
(c)  The document must be downloadable and provide data in a format that allows the public to search, extract, organize, and analyze the information in the document.
(d)  The requirement under Subsection (a) does not supersede any exceptions provided under Chapter 552.
(e)  The board shall promulgate rules to implement the provisions of this section.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 34.02, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.0082. Inclusion of Certain Education Funds Required

Sec. 322.0082.  INCLUSION OF CERTAIN EDUCATION FUNDS REQUIRED.  (a)  The director shall include in the budget of estimated appropriations prepared under Section 322.008(c):
(1)  the amount set aside under Section 43.001(d), Education Code, by the State Board of Education from the available school fund for the state instructional materials and technology fund established under Section 31.021, Education Code; and
(2)  the amount that is remaining in the state instructional materials and technology fund from the previous fiscal biennium that is available for use by school districts and open-enrollment charter schools.
(b)  If the amount estimated to be appropriated for purposes of the state instructional materials and technology fund for a fiscal biennium is less than the amount set aside by the State Board of Education under Section 43.001(d), Education Code, the director shall provide with the budget an explanation of the difference, including the amount of the difference and to what the additional funds have been appropriated.
(c)  An explanation provided under Subsection (b) shall be included with the documents provided on the board's Internet website under Section 322.0081.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 50, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.009. Inspection Committees

Sec. 322.009.  INSPECTION COMMITTEES.  Either of the joint chairs of the board, with the approval of the board, may appoint a committee to visit, inspect, and report on any state institution, department, agency, officer, or employee.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.06, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.010. Inspections and Hearings

Sec. 322.010.  INSPECTIONS AND HEARINGS.  (a)  The board or an employee under the direction of the board may inspect the property, equipment, and facilities of a state department or agency for which an appropriation is to be made and may inspect all accounts and general and local funds.
(b)  An inspection performed under Subsection (a) may be made either before or after an estimate required under Section 322.007 has been submitted.
(c)  The board may hold hearings to consider the estimates required under Section 322.007 and any information gathered under Subsection (a).
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.011. Performance Audits and Reports

Sec. 322.011.  PERFORMANCE AUDITS AND REPORTS.  (a)  The board shall establish a system of performance audits and evaluations designed to provide a comprehensive and continuing review of the programs and operations of each state institution, department, agency, or commission.
(b)  The board may evaluate the programs and operations of any institution, department, agency, or commission that received an appropriation in the most recent General Appropriations Act or is a state agency.  An institution, department, agency, or commission may not be evaluated until after the end of the first full fiscal year of its operation.
(c)  As soon as practicable after completion of the audit or evaluation under Subsection (a), the board shall make a performance report to the governor and the legislature.
(d)  The report shall analyze the operational efficiency and program performance of each institution, department, agency, and commission evaluated.  The report shall explicitly state the statutory function each entity is to perform and how, in terms of unit-cost measurement, work load efficiency data, and program output standards established by the board, these statutory functions are being accomplished.
(e)  The performance report shall be published in the form prescribed by the board.
(f)  The director, with the approval of the board, shall appoint an assistant director for program evaluation.  The assistant director shall report to and be responsible to the director.
(g)  The director shall employ sufficient personnel to carry out the provisions of this section.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 963, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 24, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.012. Gifts and Grants

Sec. 322.012.  GIFTS AND GRANTS.  (a)  The board may accept gifts, grants, and donations from any organization described in Section 501(c)(3) of the Internal Revenue Code for the purpose of funding any activity under this chapter.
(b)  All gifts, grants, and donations must be accepted in an open meeting by a majority of the voting members of the board and reported in the public record of the board with the name of the donor and purpose of the gift, grant, or donation.
Added by Acts 1987, 70th Leg., ch. 617, Sec. 3, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.013. Review of Educational Policy Implementation

Sec. 322.013.  REVIEW OF EDUCATIONAL POLICY IMPLEMENTATION.  (a)  The standing committees of the senate and house of representatives with primary jurisdiction over the public school system shall oversee and review the implementation of legislative education policy by state agencies that have the statutory duty to implement that policy, including policy relating to:
(1)  fiscal matters;
(2)  academic expectations;  and
(3)  evaluation of program cost-effectiveness.
(b)  The committees shall periodically review the actions or proposed actions of the State Board of Education for the purpose of ensuring compliance with legislative intent.  If a committee determines that any action or proposed action of the State Board of Education conflicts with legislative educational policy, the committee shall submit its comments on the conflict to the State Board of Education in writing.  If a committee determines that a final action of the board conflicts with the intent of legislative educational policy, the committee may:
(1)  request additional information from the State Board of Education relating to the intent of the board's action;
(2)  request a joint meeting with the State Board of Education to discuss the conflict between the action and legislative educational policy;
(3)  request that the State Board of Education reconsider its action;  or
(4)  notify the governor, lieutenant governor, speaker of the house, and the legislature of the conflict presented.
(c)  The board shall assist the committees in administering this section.
(d)  For purposes of carrying out its duties, the board may administer oaths and issue subpoenas, signed by either of the joint chairs of the board, to compel the attendance of witnesses and the production of books, records, and documents.  A subpoena of the board shall be served by a peace officer in the manner in which district court subpoenas are served.  On application of the board, a district court of Travis County shall compel compliance with a subpoena issued by the board in the same manner as for district court subpoenas.
Added by Acts 1993, 73rd Leg., ch. 520, Sec. 24, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.07, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.014. Report on Major Investment Funds

Sec. 322.014.  REPORT ON MAJOR INVESTMENT FUNDS.  (a)  In this section, "state investment fund" means any investment fund administered by or under a contract with any state governmental entity, including a fund:
(1)  established by statute or by the Texas Constitution;  or
(2)  administered by or under a contract with:
(A)  a public retirement system as defined by Section 802.001 that provides service retirement, disability retirement, or death benefits for officers or employees of the state;
(B)  an institution of higher education as defined by Section 61.003, Education Code;  or
(C)  any other entity that is part of state government.
(b)  The board shall evaluate and publish an annual report on the risk-adjusted performance of each state investment fund that in the opinion of the board contains a relatively large amount of assets belonging to or administered by the state.  The board in its report shall:
(1)  compare the risk-adjusted performance of the funds;  and
(2)  examine the risk-adjusted performance, within and among the funds, of similar asset classes and comparable portfolios within asset classes.
(c)  Each state governmental entity that administers a state investment fund and each person that administers a state investment fund under contract shall provide the board with the information the board requests regarding the performance of the fund.
(d)  The board shall publish the annual report in a format and using terminology that a person without technical investment expertise can understand.
Added by Acts 2001, 77th Leg., ch. 1410, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.015. Review of Interscholastic Competition

Sec. 322.015.  REVIEW OF INTERSCHOLASTIC COMPETITION.  The board may periodically review and 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 board shall report the findings to the governor and the legislature.  The legislature may consider the board's reports in connection with the legislative appropriations process.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.09, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.016. Performance Review of School Districts

Sec. 322.016.  PERFORMANCE REVIEW OF SCHOOL DISTRICTS.  (a)  The board may periodically review 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 board at its 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 board shall:
(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 board has completed a review 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.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.09, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 741 (H.B. 2753), Sec. 5, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.0165. Performance Review of Institutions of Higher Education

Sec. 322.0165.  PERFORMANCE REVIEW OF 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 board may periodically review the 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 board or at the request of:
(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 board shall:
(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 board has completed a review 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.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.09, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 741 (H.B. 2753), Sec. 6, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.017. Efficiency Review of State Agencies

Sec. 322.017.  EFFICIENCY REVIEW OF STATE AGENCIES.  (a)  In this section, "state agency" has the meaning assigned by Section 2056.001.
(b)  The board periodically may review and analyze the effectiveness and efficiency of the policies, management, fiscal affairs, and operations of state agencies.
(c)  The board shall report the findings of the review and analysis to the governor and the legislature.
(d)  The legislature may consider the board's reports in connection with the legislative appropriations process.
(e)  Until the board has completed a review and 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.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.09, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 741 (H.B. 2753), Sec. 7, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.0171. Efficiency Review of River Authorities

Sec. 322.0171.  EFFICIENCY REVIEW OF RIVER AUTHORITIES.  (a)  The board periodically may review and analyze the effectiveness and efficiency of the policies, management, fiscal affairs, and operations of a river authority.
(b)  The board shall report the findings of a review and analysis to the governor and the legislature.
(c)  Until the board has completed a review and 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1293 (H.B. 2362), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.018. Records Management Review

Sec. 322.018.  RECORDS MANAGEMENT REVIEW.  (a)  In this section, "state agency" has the meaning assigned by Section 2056.001.
(b)  The board may periodically review and 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.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.09, eff. Jan. 11, 2004.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.019. Criminal Justice Policy Analysis

Sec. 322.019.  CRIMINAL JUSTICE POLICY ANALYSIS.  (a)  The board may develop and perform functions to promote a more effective and cohesive state criminal justice system.
(b)  The board may serve as the statistical analysis center for the state and as the liaison for the state to the United States Department of Justice on criminal justice issues of interest to the state and federal government relating to data, information systems, and research if an executive branch agency or institution of higher education is not designated by the governor to perform those functions.
(c)  The director may consult 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 having primary jurisdiction over matters relating to criminal justice and state finance or appropriations from the state treasury.
(d)  The Department of Public Safety, the Texas Department of Criminal Justice, and the Texas Juvenile Justice Department shall provide the board with data relating to a criminal justice policy analysis under this section in the manner requested.
Added by Acts 2005, 79th Leg., Ch. 741 (H.B. 2753), Sec. 8, eff. June 17, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 91, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.020. Major Contracts Database

Sec. 322.020.  MAJOR CONTRACTS DATABASE.  (a)  In this section, "major contract" means:
(1)  a contract for which notice is required under one of the following sections:
(A)  Section 2054.008;
(B)  Section 2166.2551;
(C)  Section 2254.006; or
(D)  Section 2254.0301; or
(2)  a contract, including an amendment, modification, renewal, or extension:
(A)  for which notice is not required under a section listed in Subdivision (1);
(B)  that is not a purchase order, an interagency contract, or a contract paid only with funds not appropriated by the General Appropriations Act; and
(C)  with a value that exceeds $50,000.
(b)  Each state agency shall provide the Legislative Budget Board copies of the following documents:
(1)  each major contract entered into by the agency; and
(2)  each request for proposal, invitation to bid, or comparable solicitation related to the major contract.
(c)  The Legislative Budget Board shall post on the Internet:
(1)  each major contract of a state agency; and
(2)  each request for proposal, invitation to bid, or comparable solicitation related to the major contract.
(d)   The Legislative Budget Board shall allow public access to the information posted under this section, except for information that is not subject to disclosure under Chapter 552.  Information that is not subject to disclosure under Chapter 552 must be referenced in an appendix that generally describes the information without disclosing the specific content of the information.
(e)  The Legislative Budget Board shall make the information searchable by contract value, state agency, and vendor.  The Legislative Budget Board may make the information searchable by other subjects as appropriate.
Text of subsection effective until April 01, 2025
(f)  In this section, "state agency" has the meaning assigned by Section 2054.003, except that the term does not include a university system or institution of higher education, the Health and Human Services Commission, an agency identified in Section 531.001(4), or the Texas Department of Transportation.
Text of subsection effective on April 01, 2025
(f)  In this section, "state agency" has the meaning assigned by Section 2054.003, except that the term does not include a university system or institution of higher education, the Health and Human Services Commission, an agency identified in Section 521.0001(5), or the Texas Department of Transportation.
Added by Acts 2005, 79th Leg., Ch. 469 (H.B. 26), Sec. 3, eff. June 17, 2005.
Redesignated from Government Code, Section 2177.052 and amended by Acts 2007, 80th Leg., R.S., Ch. 1270 (H.B. 3430), Sec. 5, eff. October 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.13, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle C - Legislative Agencies and Oversight Committees › Chapter 322 - Legislative Budget Board › Section 322.022. Public Hearing on Interim Budget Reduction Request

Sec. 322.022.  PUBLIC HEARING ON INTERIM BUDGET REDUCTION REQUEST.  (a)  In this section:
(1)  "Interim budget reduction request" means a request communicated in any manner for a state agency to make adjustments to the strategies, methods of finance, performance measures, or riders applicable to the agency through the state budget in effect on the date the request is communicated that, if implemented, would reduce the agency's total expenditures for the current state fiscal biennium to an amount less than the total amount that otherwise would be permissible based on the appropriations made to the agency in the budget.
(2)  "State agency" means an office, department, board, commission, institution, or other entity to which a legislative appropriation is made.
(b)  A state agency shall provide to the board a detailed report of any expenditure reduction plan that:
(1)  the agency develops in response to an interim budget reduction request made by the governor, the lieutenant governor, or a member of the legislature, or any combination of those persons; and
(2)  if implemented, would reduce the agency's total expenditures for the current state fiscal biennium to an amount less than the total amount that otherwise would be permissible based on the appropriations made to the agency in the state budget for the biennium.
(c)  The board shall hold a public hearing to solicit testimony on an expenditure reduction plan a state agency reports to the board as required by Subsection (b) as soon as practicable after receiving the report.  The agency may not implement any element of the plan until the conclusion of the hearing.
(d)  This section does not apply to an expenditure reduction a state agency desires to make that does not directly or indirectly result from an interim budget reduction request made by the governor, the lieutenant governor, or a member of the legislature, or any combination of those persons.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 34.03, eff. September 28, 2011.