reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2102 - Internal Auditing › Section 2102.012. Professional Development

Sec. 2102.012.  PROFESSIONAL DEVELOPMENT.  (a)  Subject to approval by the legislative audit committee, the state auditor may make available and coordinate a program of training and technical assistance to ensure that state agency internal auditors have access to current information about internal audit techniques, policies, and procedures and to provide general technical and audit assistance to agency internal auditors on request.
(b)  The state auditor is entitled to reimbursement for costs associated with providing the services under the terms of interagency cooperation contracts negotiated between the state auditor and each agency.  The costs may not exceed those allowed by the General Appropriations Act.  Work performed under this section by the state auditor is subject to approval by the legislative audit committee for inclusion in the audit plan under Section 321.013(c).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 33, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2102 - Internal Auditing › Section 2102.013. Annual Risk Assessment; Report

Sec. 2102.013.  ANNUAL RISK ASSESSMENT;  REPORT.  (a)  A state agency described by Section 2102.004(b) shall conduct each year a formal risk assessment consisting of an executive management review of agency functions, activities, and processes.
(b)  The risk assessment must:
(1)  evaluate the probability of occurrence and the likely effect of financial, managerial, and compliance risks and of risks related to the use of information technology;  and
(2)  rank risks according to the probability of occurrence and likely effect of the risks evaluated.
(c)  The state agency shall submit the written risk assessment to the state auditor in the form and at the time prescribed by the state auditor.
Added by Acts 2003, 78th Leg., ch. 291, Sec. 2, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2102 - Internal Auditing › Section 2102.014. Evaluation of Risk Assessment Reports; Audits

Sec. 2102.014.  EVALUATION OF RISK ASSESSMENT REPORTS;  AUDITS.  (a)  Based on risk assessment and subject to the legislative audit committee's approval of including the work described by this subsection in the audit plan under Section 321.013(c), the state auditor shall:
(1)  evaluate each report submitted under Section 2102.013;
(2)  identify agencies with significant financial, managerial, or compliance risk or significant risk related to the use of information technology;  and
(3)  recommend to the governor that the identified agencies obtain an audit to address the significant risks identified by the state auditor.
(b)  The governor may order an agency identified under this section to:
(1)  obtain an audit under governmental auditing standards;
(2)  submit reports and corrective action plans as prescribed by Section 2102.0091;  and
(3)  report to the state auditor the status of the agency's implementation of audit recommendations in the form and addressing issues as prescribed by the state auditor.
(c)  The governor may provide funds to agencies as necessary to pay the costs of audits ordered under this section from any funds appropriated to the governor for this purpose.
Added by Acts 2003, 78th Leg., ch. 291, Sec. 2, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2102 - Internal Auditing › Section 2102.015. Publication of Audit Plan and Annual Report on Internet

Sec. 2102.015.  PUBLICATION OF AUDIT PLAN AND ANNUAL REPORT ON INTERNET.  (a)  Notwithstanding Section 2102.003, in this section, "state agency" means a board, commission, department, institute, office, or other agency in the executive branch of state government that is created by the constitution or a statute of this state, including an institution of higher education as defined by Section 61.003, Education Code.
(b)  Subject to Subsection (c), at the time and in the manner provided by the state auditor, a state agency shall post on the agency's Internet website:
(1)  the agency's internal audit plan approved as provided by Section 2102.008; and
(2)  the agency's annual report required under Section 2102.009.
(c)  A state agency is not required to post information contained in the agency's internal audit plan or annual report if the information is excepted from public disclosure under Chapter 552.
(d)  A state agency shall update the posting required under this section at the time and in the manner provided by the state auditor to include a detailed summary of the weaknesses, deficiencies, wrongdoings, or other concerns, if any, raised by the audit plan or annual report.
(e)  A state agency shall update the posting required under this section to include a summary of the action taken by the agency to address the concerns, if any, that are raised by the audit plan or annual report.
Added by Acts 2013, 83rd Leg., R.S., Ch. 840 (H.B. 16), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2103 - Expenditures by State Agencies › Subchapter A. General Provisions › Section 2103.001. Definition

Sec. 2103.001.  DEFINITION.  In this chapter, "state agency" means a department, board, commission, committee, council, agency, office, or other entity in the executive, legislative, or judicial branch of state government, the jurisdiction of which is not limited to a geographical portion of this state.  The term includes an institution of higher education as defined by Section 61.003, Education Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.31(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2103 - Expenditures by State Agencies › Subchapter A. General Provisions › Section 2103.002. Applicability of Chapter to Appropriated Local Fund

Sec. 2103.002.  APPLICABILITY OF CHAPTER TO APPROPRIATED LOCAL FUND.  (a)  This chapter does not apply to an expenditure from an appropriated local fund.
(b)  This chapter applies to the reimbursement to a state agency for an expenditure from an appropriated local fund.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2103 - Expenditures by State Agencies › Subchapter A. General Provisions › Section 2103.003. State Agency Spending of Appropriated Funds

Sec. 2103.003.  STATE AGENCY SPENDING OF APPROPRIATED FUNDS.  A state agency may spend appropriated funds only by:
(1)  a warrant drawn by:
(A)  the comptroller;  or
(B)  a person that the comptroller has delegated authority to print warrants under Section 403.060;
(2)  an electronic funds transfer initiated by the comptroller;  or
(3)  a debit to a state account by a person authorized under Section 403.0271.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 57, eff. June 19, 1997;  Acts 1999, 76th Leg., ch. 1467, Sec. 1.28, eff. June 19, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2103 - Expenditures by State Agencies › Subchapter A. General Provisions › Section 2103.0035. State Agency Spending of Unappropriated Funds

Sec. 2103.0035.  STATE AGENCY SPENDING OF UNAPPROPRIATED FUNDS.  (a)  A state agency may spend unappropriated funds only by:
(1)  a warrant drawn by:
(A)  the comptroller;  or
(B)  a state agency to which the comptroller has delegated authority to print warrants under Section 403.060;  or
(2)  an electronic funds transfer initiated by the comptroller.
(b)  Subsection (a) applies only to funds that Section 404.046 or 404.069 or other law requires to be spent on warrants drawn or electronic funds transfers initiated by the comptroller.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 58, eff. June 19, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2103 - Expenditures by State Agencies › Subchapter A. General Provisions › Section 2103.004. Warrants and Electronic Funds Transfers

Sec. 2103.004.  WARRANTS AND ELECTRONIC FUNDS TRANSFERS.  (a)  A warrant may not be drawn or an electronic funds transfer initiated until:
(1)  the state agency from whose appropriated or unappropriated funds the warrant or electronic funds transfer is payable has submitted a voucher to the comptroller;
(2)  the state agency has approved the voucher in accordance with this chapter;  and
(3)  the comptroller has audited and approved the voucher as required by law.
(b)  A state agency's approval of a voucher includes the agency's approval of any interest that must be paid at the same time the principal amount is paid to a vendor under Chapter 2251.  In this subsection, "state agency" has the meaning assigned by Section 2251.001.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 59, eff. June 19, 1997;  Acts 2001, 77th Leg., ch. 1158, Sec. 43, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2103 - Expenditures by State Agencies › Subchapter B. Approval and Submission of Vouchers by Electronic Means › Section 2103.031. Applicability of Subchapter

Sec. 2103.031.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to approval and submission of vouchers by electronic means.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2103 - Expenditures by State Agencies › Subchapter B. Approval and Submission of Vouchers by Electronic Means › Section 2103.032. Approval and Submission of Vouchers

Sec. 2103.032.  APPROVAL AND SUBMISSION OF VOUCHERS.  (a)  The comptroller by rule may establish a system for state agencies to submit and approve electronically vouchers if the comptroller determines that the system will facilitate the operation and administration of the uniform statewide accounting system.  The comptroller may establish an electronic method to approve a voucher submitted by a state agency.
(b)  The degree of security for an electronic system must at least equal the degree of security for the nonelectronic approval of vouchers by state agencies under this chapter.
(c)  Repealed by Acts 1997, 75th Leg., ch. 1035, Sec. 90(a), eff. June 19, 1997.
(d)  A system for the electronic submission and approval of vouchers may provide for the secretary of state to approve the comptroller's account electronically.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.32(a), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1035, Sec. 90(a), eff. June 19, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.67, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2103 - Expenditures by State Agencies › Subchapter C. Approval and Submission of Vouchers by Nonelectronic Means › Section 2103.061. State Agency Administered by Governing Body

Sec. 2103.061.  STATE AGENCY ADMINISTERED BY GOVERNING BODY.  (a)  A state agency administered by a governing body may approve a voucher only in accordance with this section.
(b)  A governing body may authorize its presiding officer or executive director to designate one or more officers or employees of the agency to approve vouchers of the agency.  The presiding officer shall notify the comptroller in writing that the governing body has made the authorization of the presiding officer or executive director before the presiding officer or executive director may make or revoke a designation.
(c)  The presiding officer of the governing body may approve a voucher after submitting a signature card to the comptroller.
(d)  An officer or employee of the state agency may approve the voucher after:
(1)  the governing body of the agency has authorized the officer or employee to approve vouchers or the presiding officer or executive director authorized under Subsection (b) has designated the officer or employee to approve vouchers;
(2)  the comptroller has received written notice from the presiding officer of the governing body or the executive director, if authorized under Subsection (b), that the officer or employee has been authorized or designated to approve vouchers;  and
(3)  the comptroller has received a signature card from the officer or employee.
(e)  The presiding officer or executive director authorized under Subsection (b) shall ensure that the comptroller is notified of the revocation of the authorization of an officer or employee to approve vouchers.  This notice shall be given within 10 days after the effective date of the revocation.
(f)  In this section:
(1)  "Executive director" means the individual who is the chief administrative officer of a state agency and who is not a member of the agency's governing body;  and
(2)  "Governing body" means a board, commission, committee, council, or other group of individuals that is collectively authorized by law to administer a state agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2103 - Expenditures by State Agencies › Subchapter C. Approval and Submission of Vouchers by Nonelectronic Means › Section 2103.062. State Agency Administered by Elected or Appointed Official

Sec. 2103.062.  STATE AGENCY ADMINISTERED BY ELECTED OR APPOINTED OFFICIAL.  (a)  A state agency administered by an elected or appointed state official may approve a voucher only in accordance with this section.
(b)  The elected or appointed state official who is authorized by law to administer a state agency may authorize the chief deputy of the agency to designate one or more officers or employees of the agency to approve vouchers.
(c)  The chief deputy may make or revoke a designation under this section after the comptroller has received written notice from the elected or appointed official of the authorization.
(d)  The elected or appointed official may approve a voucher after submitting a signature card to the comptroller.
(e)  An officer or employee of the state agency may approve a voucher after:
(1)  the elected or appointed official or the chief deputy, if authorized under Subsection (b) or (c), has designated the officer or employee to approve vouchers;
(2)  the comptroller has received written notice from the elected or appointed official or the chief deputy, if authorized under Subsection (b) or (c), that the official or chief deputy has authorized the officer or employee to approve vouchers;  and
(3)  the comptroller has received a signature card from the officer or employee.
(f)  The elected or appointed official or the chief deputy authorized under Subsection (b) or (c) shall ensure that the comptroller is notified of the revocation of the authorization of an officer or employee to approve vouchers.  This notice shall be given within 10 days after the effective date of the revocation.
(g)  In this section, "chief deputy" means the individual authorized by law to administer a state agency that is administered by an elected or appointed state official during the absence of the official or during the official's inability to act.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2103 - Expenditures by State Agencies › Subchapter C. Approval and Submission of Vouchers by Nonelectronic Means › Section 2103.064. Texas Transportation Commission

Sec. 2103.064.  TEXAS TRANSPORTATION COMMISSION.  (a)  The Texas Transportation Commission may delegate to one or more employees of the Texas Department of Transportation the authority to approve vouchers for expenditures from the state highway fund and the authority to approve and sign contracts and other documents.  These delegations of authority are limited to effect the orders, policies, and work programs of the department.
(b)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(22).
(c)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(22).
(d)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(22).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 31(22), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter A. General Provisions › Section 2104.001. Definitions

Sec. 2104.001.  DEFINITIONS.  In this chapter:
(1)  "Conservator" means a person appointed by the governor to act as the conservator of a state agency or public junior college in accordance with this chapter.
(2)  "Gross fiscal mismanagement" includes:
(A)  failure to keep adequate fiscal records;
(B)  failure to maintain proper control over assets;
(C)  failure to discharge fiscal obligations in a timely manner;  and
(D)  misuse of state funds.
(3)  "State agency" means a department, commission, board, office, or other agency, including a university system or an institution of higher education other than a public junior college, that:
(A)  is in the executive branch of state government;
(B)  is created by statute;  and
(C)  does not have statutory geographical boundaries limited to a part of the state.
(4)  "State fiscal management policies" means laws or rules relating to:
(A)  fiscal recordkeeping and reporting;
(B)  use or control of state property;
(C)  timely discharge of fiscal obligations;  or
(D)  use of state funds.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter A. General Provisions › Section 2104.002. Applicability of Chapter

Sec. 2104.002.  APPLICABILITY OF CHAPTER.  This chapter does not apply to an agency that is under the direction of an elected officer, board, or commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter B. Conservators › Section 2104.011. Appointment of Conservator; Terms

Sec. 2104.011.  APPOINTMENT OF CONSERVATOR;  TERMS.  (a)  A conservator is appointed by the governor with the advice and consent of the senate.
(b)  To be eligible for appointment as a conservator, a person must be qualified, by experience or education, in administration or fiscal management.
(c)  A public officer is eligible to serve as a conservator.
(d)  A conservator's term expires on the earlier of the date the conservatorship for which the conservator is appointed dissolves or the second anniversary of the date of the conservator's appointment.  A conservator whose term expires before the conservatorship is dissolved may be reappointed to continue the conservatorship.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 22, Sec. 1, eff. April 24, 1995;  Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter B. Conservators › Section 2104.012. Compensation of Conservator

Sec. 2104.012.  COMPENSATION OF CONSERVATOR.  (a)  A conservator appointed to act as the conservator of a state agency or public junior college under this chapter is entitled to receive a salary for performing those duties that is equal to the salary of the chief administrative officer of the state agency or public junior college under conservatorship.
(b)  The state agency or public junior college under conservatorship shall pay the salary of the conservator from money appropriated or otherwise available to the state agency or public junior college, except to the extent that money to pay the salary is specifically appropriated or made available through the budget execution process for that purpose.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter B. Conservators › Section 2104.013. Expenses of Conservator

Sec. 2104.013.  EXPENSES OF CONSERVATOR.  (a)   A limit provided by appropriation on the amount of reimbursement that state officers or members of state boards and commissions may generally receive does not apply to reimbursement of the reasonable and necessary expenses incurred by a conservator in the course of performing duties under this chapter.
(b)  The reasonable and necessary expenses incurred by a conservator in the course of performing duties under this chapter shall be paid from funds appropriated or otherwise available to the agency or public junior college under conservatorship, except to the extent that money to pay those expenses is specifically appropriated or made available through the budget execution process for that purpose.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 22, Sec. 2, eff. April 24, 1995;  Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter B. Conservators › Section 2104.014. Rules

Sec. 2104.014.  RULES.  A conservator may adopt and enforce rules necessary to administer the conservatorship for which the conservator is appointed under this chapter.  A conservator may adopt initial rules on an emergency basis for the period prescribed by Section 2001.034 if the conservator determines that rules with immediate effect are necessary to ameliorate the effect of the gross fiscal mismanagement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter B. Conservators › Section 2104.015. Administrative Services

Sec. 2104.015.  ADMINISTRATIVE SERVICES.  (a)  The governor shall provide a conservator with administrative services.
(b)  If necessary, the governor may use appropriations made under Section 403.075 to provide the administrative services.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter C. Conservatorship of State Agencies › Section 2104.021. Mismanagement Finding; Recommendation; Conservatorship Order

Sec. 2104.021.  MISMANAGEMENT FINDING; RECOMMENDATION; CONSERVATORSHIP ORDER.  (a)  The legislative audit committee, on finding that a condition of gross fiscal mismanagement exists in a state agency, may:
(1)  notify the governor of the finding and recommend that the governor appoint a conservator for the agency;  or
(2)  recommend to the agency that it agree within a specified time to enter into a rehabilitation plan in accordance with Section 2104.0215.
(b)  After receipt of a notice under Subsection (a), the governor by proclamation may appoint a conservator, in accordance with the recommendation, to act as conservator of the agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter C. Conservatorship of State Agencies › Section 2104.0215. Rehabilitation Plan in Lieu of Conservatorship

Sec. 2104.0215.  REHABILITATION PLAN IN LIEU OF CONSERVATORSHIP.  (a)  A state agency that agrees to enter into a rehabilitation plan shall engage the services of an independent management consulting team approved by the governor and by the presiding officer and assistant presiding officer of the legislative audit committee.  The independent management consulting team may include the state auditor, one or more appropriate state agencies, and private consultants.
(b)  The state agency entering into the rehabilitation plan shall pay the costs of the independent management consulting team's services from money appropriated or otherwise available to the agency, except to the extent that money to pay the costs is specifically appropriated or made available through the budget execution process for that purpose.
(c)  The independent management consulting team shall assist the state agency in developing its rehabilitation plan.  The rehabilitation plan must include specific performance goals and the period in which the goals must be achieved.  The plan must be approved by the governing body of the agency and by the governor and the legislative audit committee.
(d)  If the state agency does not adopt the rehabilitation plan within a reasonable time or if the state auditor determines and informs the governor that the state agency is not making sufficient progress in implementing its rehabilitation plan, the governor may appoint a conservator for the agency under Section 2104.021.
(e)  Participation by the state auditor under Subsection (a) is subject to approval by the legislative audit committee for inclusion in the audit plan under Section 321.013(c).
Added by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 34, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter C. Conservatorship of State Agencies › Section 2104.022. Assumption of Policy Functions

Sec. 2104.022.  ASSUMPTION OF POLICY FUNCTIONS.  The conservator appointed by the governor under Section 2104.021 shall assume all the powers and duties of the officers responsible for policy direction of the state agency that is the subject of the proclamation, and those officers may not act unless authorized by the conservator.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter C. Conservatorship of State Agencies › Section 2104.023. Conservatorship Powers and Duties

Sec. 2104.023.  CONSERVATORSHIP POWERS AND DUTIES.  (a)  The conservator of a state agency under this subchapter shall ensure that the agency complies with state fiscal management policies.
(b)  The conservator of a state agency under this subchapter, may:
(1)  terminate the employment of any employee whose conduct the conservator determines contributed to the condition that caused the conservatorship;
(2)  employ personnel for the agency;
(3)  change the agency's organization or structure as necessary to alleviate the conditions that caused the conservatorship;  and
(4)  contract with persons for management or administrative services necessary to effect the conservatorship.
(c)  The conservator may delegate any part of the conservator's powers or duties as conservator other than rulemaking authority to a person with whom the conservator contracts under Subsection (b)(4).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter C. Conservatorship of State Agencies › Section 2104.024. Report

Sec. 2104.024.  REPORT.  (a)  The conservator shall report on a conservatorship under this subchapter to the governor and the legislative audit committee not later than the 60th day after the date the governor orders the conservatorship and at the end of each subsequent 60-day period until the conservatorship is dissolved.
(b)  The report must include a description of the measures taken to ensure that the state agency complies with state fiscal management policies and an estimate of the progress the conservator has made in attaining that goal.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter C. Conservatorship of State Agencies › Section 2104.025. Duration of Conservatorship

Sec. 2104.025.  DURATION OF CONSERVATORSHIP.  A conservatorship under this subchapter continues until the earlier of:
(1)  the governor's issuing of a proclamation declaring that the condition of gross fiscal mismanagement in the state agency no longer exists and that the conservatorship is dissolved;  or
(2)  the legislative audit committee's finding and certifying to the governor that the condition of gross fiscal mismanagement in the agency no longer exists, in which case the conservatorship is dissolved.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter D. Conservatorship of Public Junior Colleges › Section 2104.031. Mismanagement Finding; Conservatorship Order

Sec. 2104.031.  MISMANAGEMENT FINDING;  CONSERVATORSHIP ORDER.  (a)  On the governor's request, the Texas Higher Education Coordinating Board with the advice and assistance of the state auditor shall determine if a condition of gross fiscal mismanagement exists at a public junior college.
(b)  If the coordinating board finds a condition of gross fiscal mismanagement of a public junior college, the governor by proclamation may appoint a conservator for the college.
(c)  Except as otherwise provided by this subchapter, a conservator shall act as conservator of a public junior college in the manner provided by this chapter for conservatorship of state agencies by a conservator.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter D. Conservatorship of Public Junior Colleges › Section 2104.032. Reports

Sec. 2104.032.  REPORTS.  A conservator shall file the reports relating to public junior colleges required by Section 2104.024 with the Texas Higher Education Coordinating Board.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2104 - Conservatorship as a Result of Fiscal Mismanagement › Subchapter D. Conservatorship of Public Junior Colleges › Section 2104.033. Duration of Conservatorship

Sec. 2104.033.  DURATION OF CONSERVATORSHIP.  A conservatorship of a public junior college under this subchapter continues until the earlier of:
(1)  the governor's issuing of a proclamation declaring that the condition of gross fiscal mismanagement no longer exists and that the conservatorship is dissolved;  or
(2)  the Texas Higher Education Coordinating Board's finding and certifying to the governor that the condition of gross fiscal mismanagement no longer exists, in which case the conservatorship is dissolved.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 237, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter A. General Provisions › Section 2105.001. Definitions

Sec. 2105.001.  DEFINITIONS.  In this chapter:
(1)  "Agency" means:
(A)  the Health and Human Services Commission;
(B)  the Department of State Health Services;
(C)  the Texas Department of Housing and Community Affairs;
(D)  the Texas Education Agency;
(E)  the Department of Aging and Disability Services; or
(F)   any other commission, board, department, or state agency designated to receive block grant funds.
(2)  "Block grant" means a program resulting from the consolidation or transfer of separate federal grant programs, including federal categorical programs, so that the state determines the amounts to be allocated or the method of allocating the amounts to various agencies or programs from the combined amounts, including a program consolidated or transferred under the Omnibus Budget Reconciliation Act of 1981 (Pub. L. No. 97-35).
(3)  "Program" means an activity designed to deliver services or benefits provided by state or federal law.
(4)  "Provider" means a public or private organization that receives block grant funds or may be eligible to receive block grant funds to provide services or benefits to the public, including:
(A)  a local government unit;
(B)  a council of government;
(C)  a community action agency; or
(D)  a private new community developer or nonprofit community association in a community originally established as a new community development program under the former Urban Growth and New Community Development Act of 1970 (42 U.S.C. Section 4511 et seq.).
(5)  "Recipient" means an individual or a class of individuals who receives services or benefits available through block grants.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 173, Sec. 1, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 6.29, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.278, eff. April 2, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter A. General Provisions › Section 2105.002. Combination of Programs Not Intended to Reduce Services

Sec. 2105.002.  COMBINATION OF PROGRAMS NOT INTENDED TO REDUCE SERVICES.  The process of combining categorical federal assistance programs into block grants should not have an overall effect of reducing the relative proportion of services and benefits made available to low-income individuals, elderly individuals, individuals with disabilities, and migrant and seasonal agricultural workers.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.279, eff. April 2, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter A. General Provisions › Section 2105.003. Change in Federal Law or Regulation

Sec. 2105.003.  CHANGE IN FEDERAL LAW OR REGULATION.  If a change in a federal law or regulation does not provide for temporary waivers to allow compliance with state law and because of the change an agency or provider does not have sufficient time to comply with a procedure required by this chapter, the agency or provider may act in compliance with federal law and shall comply with procedures required by this chapter as soon as possible.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter A. General Provisions › Section 2105.004. Discrimination Prohibited

Sec. 2105.004.  DISCRIMINATION PROHIBITED.  An agency or provider may not use block grant funds in a manner that discriminates on the basis of race, color, national origin, sex, or religion.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter A. General Provisions › Section 2105.005. Priority to Poverty Programs

Sec. 2105.005.  PRIORITY TO POVERTY PROGRAMS.  (a)  An agency should give priority to programs that remedy the causes and cycle of poverty if:
(1)  the alleviation of poverty is a purpose of the block grant;  and
(2)  the agency has discretion over the types of programs that may be funded with the block grant.
(b)  In administering a block grant, an agency shall consult:
(1)  low-income recipients;
(2)  low-income intended recipients;  and
(3)  organizations representing low-income individuals.
(c)  To the extent consistent with the purpose of the block grant, an agency's rules shall ensure that providers use block grant funds to the maximum benefit of low-income recipients and intended recipients.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.280, eff. April 2, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter A. General Provisions › Section 2105.006. Agency Audits

Sec. 2105.006.  AGENCY AUDITS.  (a)  An agency's expenditure of block grant funds is subject to audit by the state auditor in accordance with Chapter 321.
(b)  The state auditor immediately shall transmit a copy of an audit of an agency to the governor.  Not later than the 30th day after the date on which an audit of an agency is completed, the governor shall transmit a copy of the audit to the appropriate federal authority.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter A. General Provisions › Section 2105.007. Provider Audits

Sec. 2105.007.  PROVIDER AUDITS.  A provider that receives block grant funds from an agency shall provide the agency with evidence that an annual audit of the provider has been performed.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter A. General Provisions › Section 2105.008. Uniform Management

Sec. 2105.008.  UNIFORM MANAGEMENT.  Chapter 783 applies to agencies and providers for the purpose of block grant administration.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter A. General Provisions › Section 2105.009. Primary Care Block Grant

Sec. 2105.009.  PRIMARY CARE BLOCK GRANT.  (a)  The Department of State Health Services shall administer a primary care block grant if that grant is authorized and if the department satisfies federal requirements relating to the designation of an agency to administer the grant.
(b)  In administering the primary care block grant, the department may:
(1)  receive the primary care block grant funds on behalf of the state;
(2)  spend primary care block grant funds and state funds specifically appropriated by the legislature to match funds received under a primary care block grant;
(3)  make grants to, advance funds to, contract with, and take other actions through community health centers that meet the requirements of 42 U.S.C. Section 254c(e)(3) to provide for the delivery of primary and supplemental health services to medically underserved populations of the state; and
(4)   perform other activities necessary to administer the primary care block grant.
(b-1)  The executive commissioner of the Health and Human Services Commission may adopt necessary rules for administering the primary care block grant.
(c)  In this section:
(1)  "Community health center" has the meaning assigned by 42 U.S.C. Section 254c(a), as that law existed on April 23, 1986.
(2)  "Medically underserved population," "primary health services," and "supplemental health services" have the meanings assigned by 42 U.S.C. Section 254c(b), as that law existed on April 23, 1986.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.281, eff. April 2, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter B. Development of Plan; Public Information › Section 2105.051. Definition

Sec. 2105.051.  DEFINITION.  In this subchapter, "plan" means a report submitted to the federal government that contains a statement of activities and programs to show the intended and actual use of block grant funds.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter B. Development of Plan; Public Information › Section 2105.052. Contents of Plan

Sec. 2105.052.  CONTENTS OF PLAN.  A plan must describe:
(1)  major changes in policy for each program;
(2)  the extent of anticipated reductions or increases in services under the block grant;  and
(3)  the nature of any fees a recipient must pay to receive services funded under the block grant.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter B. Development of Plan; Public Information › Section 2105.053. Public Hearings on Intended Use of Funds

Sec. 2105.053.  PUBLIC HEARINGS ON INTENDED USE OF FUNDS.  (a)  In developing a request for appropriations before each regular legislative session, an agency shall hold public hearings in four locations in different areas of the state to solicit public comment on the intended use of block grant funds.
(b)  An agency must conduct at least two of the hearings required by this section after normal agency working hours.
(c)  An agency may hold a hearing required by this section in conjunction with:
(1)  another agency without regard to whether the block grants administered by the agencies are for different purposes;  or
(2)  the governor's office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter B. Development of Plan; Public Information › Section 2105.054. Notice of Hearing

Sec. 2105.054.  NOTICE OF HEARING.  (a)  An agency shall:
(1)  provide notice of a public hearing regarding the plan for a block grant not later than the 15th day before the date of the hearing;
(2)  post the notice in a conspicuous place in each agency office;
(3)  include in the notice a clear and concise description of the matters to be considered and a statement of the manner in which written comments may be submitted;
(4)  maintain lists of interested persons;
(5)  mail notices of hearings to interested persons;  and
(6)  conduct other activities necessary to promote public participation in the public hearing.
(b)  A notice prepared under this section must be printed in English and Spanish.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle C - State Accounting, Fiscal Management, and Productivity › Chapter 2105 - Administration of Block Grants › Subchapter B. Development of Plan; Public Information › Section 2105.055. Public Comments

Sec. 2105.055.  PUBLIC COMMENTS.  (a)  An agency shall summarize, in a fair manner, the types of public comments received by the agency during public hearings regarding a plan.
(b)  If an agency's final decision does not reflect the recommendations of particular classes of public comments, the agency shall provide a reasoned response justifying the agency's decision as to each comment.
(c)  An agency shall distribute the summary of public comments and the responses to the comments as part of the plan and shall:
(1)  have the summary and response published in the Texas Register;  and
(2)  make the summary and response available to the public.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.