reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter C. Appropriations Bills › Section 316.024. Procedure for Finding Fact

Sec. 316.024.  PROCEDURE FOR FINDING FACT.  (a)  The governor shall make a finding of fact under Section 316.023 from the evidence as it exists at the time of the determination.
(b)  The governor shall make a finding of fact under Section 316.023 only after a public hearing, if such a hearing is required in an appropriation Act.
(c)  The governor shall file a decision, together with a finding of fact made under Section 316.023, with the Legislative Budget Board and the comptroller.
(d)  The governor's certificate, under the seal of office, stating the decision or finding is evidence of the decision or finding.
(e)  A decision or finding under Section 316.023 is final, subject to judicial review by appropriate legal remedies.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 13, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter D. Appropriation of Unobligated Fund Balances to General Revenue Fund › Section 316.031. Legislative Finding and Intent

Sec. 316.031.  LEGISLATIVE FINDING AND INTENT.  (a)  The legislature finds that, to ensure the efficient operation of state agencies and to provide for the necessary costs of state government operation, it is in the public interest to provide a means for periodic legislative review and control of unobligated cash balances and income held by state agencies in funds other than the general revenue fund.
(b)  It is the intent of the legislature that:
(1)  funds with an unobligated balance at the end of a fiscal year in excess of that amount necessary to fulfill an agency's statutory duties shall be identified within the General Appropriations Act by fund;  and
(2)  the amounts of unobligated actual or projected balances held in those funds in excess of the amounts determined by the legislature to be sufficient to fulfill statutory requirements shall be appropriated to the general revenue fund.
(c)  Any appropriation of fund balances made under this subchapter is for the purpose of providing for the cost of operation of state government.  The amount of an unobligated fund balance to be appropriated to the general revenue fund may be designated in the General Appropriations Act as a sum certain or designated through use of a formula or percentage.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.06(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter D. Appropriation of Unobligated Fund Balances to General Revenue Fund › Section 316.032. Conflicting Laws Suspended

Sec. 316.032.  CONFLICTING LAWS SUSPENDED.  (a)  Any law that provides specific purposes for which a fund or revenue source may be used and expended and that restricts the use of revenues and balances is suspended to the extent that it conflicts with the provisions and intent of appropriations made under this subchapter in the General Appropriations Act.
(b)  If the General Appropriations Act does not provide for the appropriation of unobligated fund balances to the general revenue fund, any transfer or appropriation of fund balances shall occur as specified by law.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.06(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter D. Appropriation of Unobligated Fund Balances to General Revenue Fund › Section 316.033. Funds Excluded

Sec. 316.033.  FUNDS EXCLUDED.  This subchapter applies to funds established by state law, but does not apply to any portion of a fund derived from constitutionally dedicated revenues or to funds or fund balances that are:
(1)  dedicated by the Texas Constitution;
(2)  held in trust or escrow for the benefit of any person or entity other than a state agency;
(3)  pledged to the payment of bonds, notes, or other debts;
(4)  derived from gifts, donations, or endowments made to state agencies or institutions of higher education;
(5)  pledged to the capital trust fund to be used for construction;  or
(6)  maintained by institutions of higher education, including the Texas State Technical College System.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.06(a), eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1104, Sec. 5, eff. June 16, 1989;  Acts 1991, 72nd Leg., ch. 287, Sec. 30, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 165, Sec. 30.188, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter E. Adjustment of State Fees in General Appropriations Act › Section 316.041. Legislative Finding and Intent

Sec. 316.041.  LEGISLATIVE FINDING AND INTENT.  (a)  The legislature finds that, to ensure the efficient operation of state agencies and institutions of higher education and to allow for the assessment of fees adequate to reimburse the state for the costs of state services and regulatory functions, it is in the public interest to provide for the adjustment of state fees by the legislature in the General Appropriations Act.  It is the intent of the legislature that fees be adjusted biennially in the General Appropriations Act in a manner that provides for the recovery of any increased costs to the state resulting from the performance of services and functions for which a fee is levied.  It is the intent of the legislature that, to the extent that senate and house rules allow, each substantive committee shall retain jurisdiction over any adjustment in fees as part of the appropriations process.
(b)  Any increase in the amount of a fee made under this subchapter is for the purpose of recovering, on an annual basis, the costs to the state agency or institution of higher education increasing the fee.  Where fee amounts are increased on a percentage basis, fee amounts may be rounded to the nearest whole dollar.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.07(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter E. Adjustment of State Fees in General Appropriations Act › Section 316.042. Application of Subchapter

Sec. 316.042.  APPLICATION OF SUBCHAPTER.  (a)  This subchapter applies to all fees not set by the Texas Constitution, but does not apply to fees that are dedicated to pay bonded indebtedness.
(b)  The General Appropriations Act may not specify the amount of a fee unless imposition of that fee is authorized by general law.
(c)  This subchapter does not apply to tuition charged by institutions of higher education.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.07(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter E. Adjustment of State Fees in General Appropriations Act › Section 316.043. Amount of Fee

Sec. 316.043.  AMOUNT OF FEE.  (a)  The amount of a fee covered by this subchapter is the amount specified for that fee in the General Appropriations Act.  Fee adjustments authorized through the General Appropriations Act are only for the purpose of offsetting inflation.
(b)  A law that specifies the amount of a fee subject to this subchapter is suspended to the extent that it conflicts with the amount of the fee specified in the General Appropriations Act.
(c)  If the General Appropriations Act does not specify the amount of the fee, the fee is the amount specified by law.
(d)  If a board of regents has the authority to establish a fee that falls within a statutory range, the amounts set under this subchapter constitute only the maximum amount for those fees.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.07(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter E. Adjustment of State Fees in General Appropriations Act › Section 316.044. Hearings on Fee Increases at Institutions of Higher Education

Sec. 316.044.  HEARINGS ON FEE INCREASES AT INSTITUTIONS OF HIGHER EDUCATION.  Fees at institutions of higher education may not be increased unless a public hearing is held on the increase.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.07(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter E. Adjustment of State Fees in General Appropriations Act › Section 316.045. Reduction in Certain Agency Fees

Sec. 316.045.  REDUCTION IN CERTAIN AGENCY FEES.  (a)  Each state agency that sets the fees charged by that agency in amounts that are reasonable and necessary to cover the administrative costs of the agency shall review the amounts charged as fees on a biennial basis.  The agency shall review the fees before the beginning of each state fiscal biennium and incorporate its recommendations based on that review in its budget request submitted to the Legislative Budget Board and the budget division of the governor's office.
(b)  If the agency determines that the fees are set at a level that exceeds the administrative costs of the agency as of the date of the review, the agency shall reduce the amount of the affected fees to the appropriate level and shall charge the reduced fees during the subsequent biennium.  Each agency shall give specific recognition to reductions in salary expenses resulting from statutorily directed employee attrition.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.07(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter G. Fiscal Year › Section 316.071. Fiscal Year; Appropriations

Sec. 316.071.  FISCAL YEAR;  APPROPRIATIONS.  (a)  The state fiscal year ends on August 31 of each year.
(b)  Appropriations of state government shall conform to this fiscal year.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 14, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter G. Fiscal Year › Section 316.072. Reports; Closure of Accounts

Sec. 316.072.  REPORTS;  CLOSURE OF ACCOUNTS.  (a)  All officers required by law to report annually or biennially to the legislature or governor shall close their accounts at the end of the fiscal year.
(b)  As soon as practicable after the end of the fiscal year, the officers shall prepare and compile their respective reports.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 14, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter H. Allocation of Transfers to Economic Stabilization Fund and State Highway Fund › Section 316.091. Definition

Sec. 316.091.  DEFINITION.  In this subchapter, "fund" means the economic stabilization fund.
Added by Acts 2013, 83rd Leg., 3rd C.S., Ch. 1 (H.B. 1), Sec. 3, eff. November 22, 2013.
For expiration of this section, see Subsection (b).
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter H. Allocation of Transfers to Economic Stabilization Fund and State Highway Fund › Section 316.092. Determination of Threshold for Constitutional Transfer to State Highway Fund

Sec. 316.092.  DETERMINATION OF THRESHOLD FOR CONSTITUTIONAL TRANSFER TO STATE HIGHWAY FUND.  (a)   For the purposes of adjusting the allocations of transfers in accordance with Section 49-g(c-2), Article III, Texas Constitution, and Section 316.093 for a state fiscal biennium, the comptroller shall determine and adopt for the state fiscal biennium an amount equal to seven percent of the certified general revenue-related appropriations made for that state fiscal biennium.
(b)  This section expires December 31, 2042.
Added by Acts 2013, 83rd Leg., 3rd C.S., Ch. 1 (H.B. 1), Sec. 3, eff. November 22, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1336 (S.B. 69), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1372 (S.B. 962), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 448 (H.B. 2230), Sec. 1, eff. September 1, 2023.
For expiration of Subsections (a), (b), and (d), see Subsection (d).
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter H. Allocation of Transfers to Economic Stabilization Fund and State Highway Fund › Section 316.093. Adjustment of Constitutional Allocations to Fund and State Highway Fund

Sec. 316.093.  ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO FUND AND STATE HIGHWAY FUND.  (a)  Before the comptroller makes transfers for a state fiscal year in accordance with Section 49-g(c), Article III, Texas Constitution, the comptroller shall determine whether the sum of the balance of the fund on the preceding August 31, any projected transfer to the fund under Section 49-g(b) of that article, and any projected transfer to the fund under Section 49-g(c) of that article in accordance with the allocations for the transfer as provided by Section 49-g(c-1) of that article is less than the amount determined under Section 316.092 for that state fiscal biennium.
(b)  If the sum described by Subsection (a) is less than the amount determined under Section 316.092 for that state fiscal biennium, the comptroller shall reduce the allocation to the state highway fund provided by Section 49-g(c), Article III, Texas Constitution, and increase the allocation to the economic stabilization fund, in an equal amount, until the amount determined under Section 316.092 for that state fiscal biennium would be achieved by the transfer to the fund or the total amount of the sum described by Section 49-g(c), Article III, Texas Constitution, is allocated to the fund, whichever occurs first.
(c)  For the purposes of Section 49-g(c-2), Article III, Texas Constitution, the comptroller shall adjust the allocation provided by Section 49-g(c-1) of that article of amounts to be transferred to the fund and to the state highway fund under Section 49-g(c) of that article in a state fiscal year beginning on or after September 1, 2043, so that the total of those amounts is transferred to the economic stabilization fund, except that the comptroller shall reduce a transfer made under this subsection as necessary to prevent the amount in the fund from exceeding the limit in effect for that biennium under Section 49-g(g) of that article.
(d)  Subsections (a) and (b) and this subsection expire December 31, 2042.
Added by Acts 2013, 83rd Leg., 3rd C.S., Ch. 1 (H.B. 1), Sec. 3, eff. November 22, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1336 (S.B. 69), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1372 (S.B. 962), Sec. 2, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 448 (H.B. 2230), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 316 - Appropriations › Subchapter H. Allocation of Transfers to Economic Stabilization Fund and State Highway Fund › Section 316.094. Allocation of Certain Amounts Transferred to State Highway Fund

Sec. 316.094.  ALLOCATION OF CERTAIN AMOUNTS TRANSFERRED TO STATE HIGHWAY FUND.  Amounts transferred to the state highway fund under Section 49-g(c), Article III, Texas Constitution, when appropriated, must be used and allocated throughout the state by the Texas Department of Transportation consistent with existing formulas adopted by the Texas Transportation Commission.
Added by Acts 2013, 83rd Leg., 3rd C.S., Ch. 1 (H.B. 1), Sec. 3, eff. November 22, 2013.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter A. Regular Appropriations › Section 317.001. Definitions

Sec. 317.001.  DEFINITIONS.  In this subchapter:
(1)  "Appropriation" means a grant of money made by the legislature for a purpose other than the payment of a judgment or a preexisting debt incurred by the state.
(2)  "State agency" means a public entity in the executive, judicial, or legislative branch of state government eligible under law to receive an appropriation.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.  Amended by Acts 1989, 71st Leg., ch. 786, Sec. 3, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter A. Regular Appropriations › Section 317.002. Types of Proposals to Affect Appropriations

Sec. 317.002.  TYPES OF PROPOSALS TO AFFECT APPROPRIATIONS.  (a)  The governor or Legislative Budget Board may propose that a state agency be prohibited from spending, obligating the expenditure of, or distributing part or all of an appropriation made to the agency unless the amount is reappropriated by the legislature or is released, or expenditures are approved, as provided in the proposal.
(b)  After finding that an emergency exists, the governor or Legislative Budget Board may propose that the authority to spend, obligate the expenditure of, or distribute part or all of an appropriation made to a state agency:
(1)  be transferred to another state agency to be used for a specified purpose;  or
(2)  be retained by the agency to which the appropriation was made but used for a purpose different from or additional to the purpose for which the appropriation was made.
(c)  The governor or Legislative Budget Board may propose a change in the time that an appropriation is distributed or otherwise made available to a state agency, whether the time of distribution or availability is set by appropriations act or general law.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.01, eff. Aug. 22, 1991.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter A. Regular Appropriations › Section 317.003. Time and Scope of Proposal

Sec. 317.003.  TIME AND SCOPE OF PROPOSAL.  (a)  The governor or Legislative Budget Board may make a proposal at any time except during a regular or special session of the legislature.  A proposal may apply to an appropriation that has been made for any specified fiscal year that has not ended at the time the proposal is made.
(b)  Except as provided by Section 317.005(f), a proposal may provide for the withholding of appropriations made from funds dedicated by statute to a specific state agency or for a specific purpose and may provide for the transfer of appropriations made from statutorily dedicated funds to an agency or for a purpose not authorized by the statute.  Funds dedicated by the Texas Constitution are subject to being withheld under this chapter but are not subject to transfer except to another state agency entitled to receive appropriations from the funds under the terms of the constitution.  Federal funds appropriated by the legislature are subject to being withheld under this chapter but may not be transferred except as permitted by federal law.
(c)  The governor's authority to make proposals is independent of any authority to control expenditures of state agencies that is granted the governor under other law.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.02, 18.03, eff. Aug. 22, 1991.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter A. Regular Appropriations › Section 317.004. Publication of Proposal

Sec. 317.004.  PUBLICATION OF PROPOSAL.  The entity making a proposal shall specify the details of the proposal, including, for a proposal made under Section 317.002(b), a statement describing the emergency.  The entity making a proposal shall direct the secretary of state to publish each proposal, including any accompanying statements, in the Texas Register.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.04, eff. Aug. 22, 1991.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter A. Regular Appropriations › Section 317.006. Action on Contingent Order

Sec. 317.006.  ACTION ON CONTINGENT ORDER.  The governor or board shall approve or reject each contingent order adopted under Section 317.005(d) by the other entity.  The governor or board shall notify the other entity, the comptroller, and the affected state agencies of the approval or rejection and shall direct the secretary of state to publish notice of the action in the Texas Register.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.04, eff. Aug. 22, 1991;  Acts 1997, 75th Leg., ch. 1423, Sec. 8.03, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter A. Regular Appropriations › Section 317.007. Expiration of Proposal or Contingent Order

Sec. 317.007.  EXPIRATION OF PROPOSAL OR CONTINGENT ORDER.  A proposal made by the governor or board under this chapter expires if the other entity does not adopt an order ratifying or changing the proposal before the 31st day after the date the proposal is published in the Texas Register.  A contingent order adopted by the governor or board under this chapter expires if the other entity does not approve the order before the 31st day after the date the proposal on which the order is based is published in the Texas Register.  A proposal or contingent order of either entity also expires if a regular or special session of the legislature begins before, respectively, the other entity has ratified the proposal or has approved the contingent order.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.04, eff. Aug. 22, 1991.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter A. Regular Appropriations › Section 317.008. Effective and Expiration Dates of Order

Sec. 317.008.  EFFECTIVE AND EXPIRATION DATES OF ORDER.  (a)  An order adopted by the governor or the Legislative Budget Board under this chapter, other than a contingent order adopted under Section 317.005(d), takes effect on the date of adoption, unless the order specifies a later date.  A contingent order adopted under Section 317.005(d) and approved under this chapter takes effect on the date of approval, unless the order specifies a later date.
(b)  An order adopted under this chapter expires at the end of the fiscal year to which by its terms it applies, except that an order may specify an earlier expiration date or a later date that does not extend beyond the end of the biennium containing each fiscal year to which the order applies.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.05, eff. Aug. 22, 1991.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter A. Regular Appropriations › Section 317.009. Enforcement of Order

Sec. 317.009.  ENFORCEMENT OF ORDER.  During the period for which an order adopted under this chapter is effective, in regard to affected appropriations the comptroller may approve vouchers and may issue warrants only in accordance with the terms of the order.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.04, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter A. Regular Appropriations › Section 317.010. Effect on Unexpended Balances

Sec. 317.010.  EFFECT ON UNEXPENDED BALANCES.  Appropriations withheld under an order adopted and in effect under this chapter are not available for expenditure by a state agency in the second year of a biennium as unexpended balances from the preceding year's appropriation, unless the money is released as provided in the order, the order expires, or the money is reappropriated by the legislature.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter A. Regular Appropriations › Section 317.011. Supersession of Order

Sec. 317.011.  SUPERSESSION OF ORDER.  An unexpired order adopted under this chapter may be superseded by subsequent action of the governor and the Legislative Budget Board taken as provided by this chapter, by enactment of a law to the contrary by the legislature, or by adoption of a constitutional amendment having contradictory effect.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter B. Contingent Appropriations for Computer Equipment › Section 317.050. Definitions

Sec. 317.050.  DEFINITIONS.  In this subchapter:
(1)  "Computer equipment" includes computers, telecommunications devices and systems, automated information systems, and the peripheral devices and hardware, software, and services that are necessary to the efficient installation and operation of that equipment.
(2)  "Board" means the Legislative Budget Board.
Added by Acts 1989, 71st Leg., ch. 786, Sec. 4, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter B. Contingent Appropriations for Computer Equipment › Section 317.051. Authority to Make Contingent Appropriations

Sec. 317.051.  AUTHORITY TO MAKE CONTINGENT APPROPRIATIONS.  The legislature may appropriate money to a state agency on a contingency basis for the purpose of purchasing computer equipment.  The only money that the legislature may appropriate under this subchapter consists of the proceeds from the issuance of obligations by the Texas Public Finance Authority.
Added by Acts 1989, 71st Leg., ch. 786, Sec. 4, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter B. Contingent Appropriations for Computer Equipment › Section 317.052. Effectiveness of a Contingent Appropriation

Sec. 317.052.  EFFECTIVENESS OF A CONTINGENT APPROPRIATION.  (a)  Before a contingent appropriation for computer equipment may become effective, a state agency must submit an application to the board for review and approval.  A state agency shall send a copy of the application to the governor and the comptroller.  The board may determine the format and timing of and the method for submitting the application.
(b)  After receiving an application, the board may hold a public hearing on the application.
(c)  After the hearing, if any, the board shall determine whether the application shows to the satisfaction of the board that:
(1)  the necessity of the computer equipment was reasonably unforeseen when the current General Appropriations Act was being considered and passed, or that sufficient appropriations to purchase the equipment were inadvertently or erroneously omitted from that Act;
(2)  the applicant's current appropriations are inadequate or unavailable to purchase the equipment;
(3)  the applicant has obtained the approvals required by law;  and
(4)  the applicant will not be required to make any payments during the current biennium on the interest and principal of the obligations issued by the Texas Public Finance Authority.
Added by Acts 1989, 71st Leg., ch. 786, Sec. 4, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 317 - State Budget Execution › Subchapter B. Contingent Appropriations for Computer Equipment › Section 317.053. Notification of Legislative Budget Board's Decision

Sec. 317.053.  NOTIFICATION OF LEGISLATIVE BUDGET BOARD'S DECISION.  (a)  The board shall notify the comptroller, the governor, and the applying state agency in writing of the board's decision about an application.
(b)  If the board approves the application, then the contingent appropriation becomes effective on the date that the comptroller receives the notification.
Added by Acts 1989, 71st Leg., ch. 786, Sec. 4, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 318 - Review of Regulatory Programs › Section 318.001. Findings

Sec. 318.001.  FINDINGS.  The legislature finds that:
(1)  the interests of the residents of the state are served by the regulation of certain professions and other occupations;
(2)  state government actions have produced a substantial increase in the number of regulatory programs;
(3)  the legislature should review proposed regulatory programs to better evaluate the need for the programs; and
(4)  regulation should not be imposed on any profession or other occupation unless required for the protection of the health, safety, or welfare of the residents of the state.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 318 - Review of Regulatory Programs › Section 318.002. Considerations

Sec. 318.002.  CONSIDERATIONS.  In evaluating whether a profession or other occupation should be regulated, the following factors should be considered:
(1)  whether the unregulated practice of a profession or other occupation may significantly harm or endanger the public health, safety, or welfare and whether the potential for harm is easily recognizable and not remote or dependent on tenuous argument;
(2)  whether the practice of a profession or other occupation requires specialized skill or training and whether the public clearly needs and will benefit by assurances of initial and continuing competence of practitioners of the profession or occupation;
(3)  whether the regulation would have the effect of directly or indirectly increasing the cost of any goods or services and, if so, whether the increase would be more harmful to the public than the harm that might result from the absence of regulation;
(4)  whether the regulatory process would significantly reduce competition in the field and, if so, whether the reduction would be more harmful to the public than the harm that might result from the absence of regulation; and
(5)  whether the residents of the state are or may be effectively protected by other means.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 318 - Review of Regulatory Programs › Section 318.003. Forms of Regulation

Sec. 318.003.  FORMS OF REGULATION.  (a)  If the legislature finds that it is necessary to impose regulation on a profession or other occupation not regulated before August 26, 1985, regulation should be implemented in the least restrictive manner available in the following order:
(1)  implementation of a system of registration by which practitioners of the profession or occupation register with a designated state agency, but without the imposition of prequalifications or requirements for issuance of the registration other than payment of a fee, and grounds may be established for suspension or revocation of the registration or other discipline of the registrant;
(2)  implementation of a system of licensure by which a practitioner receives recognition by the state that the practitioner has met predetermined qualifications, and persons not so licensed are prohibited from practicing the licensed profession or occupation, and grounds may be established for suspension or revocation of the license or other discipline of the licensee.
(b)  Alternative methods of regulation should be implemented when necessary and appropriate in specific cases.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 319 - Legislation Regarding Judicial System › Section 319.021. Impact Statement on Legislation Imposing Court Costs on Criminal Defendants

Sec. 319.021.  IMPACT STATEMENT ON LEGISLATION IMPOSING COURT COSTS ON CRIMINAL DEFENDANTS.  (a)  This section applies only to a new court cost or fee that is remitted to the comptroller.
(b)  The Legislative Budget Board shall prepare an impact statement for each resolution proposing a constitutional amendment or bill that proposes imposing a new court cost or fee on a person charged with a criminal offense or increasing the amount of an existing court cost or fee imposed on a person charged with a criminal offense, including a court cost or fee imposed on conviction or other disposition or postponed disposition of the criminal charge.
(c)  The impact statement must show the total amount of court costs and fees that persons will be required to pay under the bill or resolution when considered together with all other applicable laws.
(d)  The state auditor shall provide the Legislative Budget Board with the initial data needed to develop a mechanism that will be used to produce the impact statements.
Added by Acts 2003, 78th Leg., ch. 209, Sec. 84, eff. Oct. 1, 2003.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 320 - Unfunded Mandates on Political Subdivisions › Section 320.001. Definition

Sec. 320.001.  DEFINITION.  In this chapter, "mandate" means a requirement made by a statute enacted by the legislature on or after January 1, 1997, that requires a political subdivision to establish, expand, or modify an activity in a way that requires the expenditure of revenue by the political subdivision that would not have been required in the absence of the statutory provision.
Added by Acts 1997, 75th Leg., ch. 673, Sec. 1, eff. June 16, 1997.  Amended by Acts 1999, 76th Leg., ch. 864, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 785, Sec. 1, 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 321.001. Definitions

Sec. 321.001.  DEFINITIONS.  In this chapter:
(1)  "Audit plan" means the outline of work approved by the committee for the State Auditor's Office in a year for the performance of audits and related services, including technical assistance, data analysis, consulting and oversight functions, investigations, and the preparation of audit reports and other types of communications.
(2)  "Audit working paper" means all documentary and other information prepared or maintained in conducting an audit or investigation, including all intra-agency and interagency communications relating to an audit or investigation and all draft reports or portions thereof.
(3)  "Committee" means the legislative audit committee.
(4)  "Department" includes every state department, agency, board, bureau, institution, or commission.
(5)  "Risk assessment" means the process by which the State Auditor analyzes risks to the state on the basis of, at a minimum, the following:
(A)  the identification of problems that can occur in operational or program areas of departments, including institutions of higher education, that are subject to audit by the State Auditor;
(B)  a determination of the potential adverse effects from the problems;  and
(C)  a ranking of the risks associated with the problems.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1122, Sec. 2, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 785, Sec. 2, 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 321.002. Legislative Audit Committee

Sec. 321.002.  LEGISLATIVE AUDIT COMMITTEE.  (a)  The legislative audit committee consists of:
(1)  the lieutenant governor;
(2)  the speaker of the house of representatives;
(3)  the chairman of the senate finance committee;
(4)  one member of the senate appointed by the lieutenant governor;
(5)  the chairman of the house appropriations committee;  and
(6)  the chairman of the house ways and means committee.
(b)  In the absence of the chairman of a house or senate committee, the vice-chairman of the respective committee shall act.
(c)  Members of the committee serve without compensation but are entitled to actual and necessary expenses incurred in performing official duties.
(d)  The committee shall employ necessary clerical assistants as allowed by legislative appropriation.
(e)  The lieutenant governor and the speaker are joint chairs of the committee.  The committee shall elect one member to serve as secretary.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 1328, Sec. 4, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.01, 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 321.004. Procedure for Tie Vote

Sec. 321.004.  PROCEDURE FOR TIE VOTE.  (a)  If the full committee is present and is not able to resolve a tie vote within a reasonable time on a matter this chapter requires the committee to decide, the committee shall select a member of the house or senate to meet with the committee and to cast the tie-breaking vote.
(b)  The seventh member's duty to the committee ends when the member casts the tie-breaking vote and the matter is resolved.
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 321 - State Auditor › Section 321.005. Appointment of State Auditor

Sec. 321.005.  APPOINTMENT OF STATE AUDITOR.  (a)  The committee shall appoint a State Auditor to investigate all custodians of state funds, disbursing agents, and department personnel.
(b)  The committee shall execute a written declaration of the person appointed State Auditor and file the declaration with the secretary of state.
(c)  The State Auditor serves at the will of the committee.
(d)  The committee shall fill any vacancy in the office of State Auditor.
(e)  A majority vote of the committee members is sufficient to exercise any action authorized by this section.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.08(a), eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 862, Sec. 1, 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 321.006. Requirements for Appointment

Sec. 321.006.  REQUIREMENTS FOR APPOINTMENT.  To be eligible for appointment as State Auditor, a person must have unquestioned integrity and moral character and must have had at least five years' experience:
(1)  as a certified public accountant in this or another state;  and
(2)  in a professional or administrative position a major duty of which involved fiscal management, the review of fiscal management, or the auditing or review of operational efficiency or program performance.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.08(a), eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 862, Sec. 2, 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 321.007. Conflict of Interest

Sec. 321.007.  CONFLICT OF INTEREST.  (a)  The State Auditor may not serve as an ex officio member on any administrative board or commission.
(b)  The State Auditor may not have a financial interest in the transactions of any department.
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 321 - State Auditor › Section 321.008. Qualifying for Office

Sec. 321.008.  QUALIFYING FOR OFFICE.  (a)  To qualify for office, the State Auditor must take the constitutional oath of office.
(b)  The State Auditor must file the oath with the secretary of state not later than the 10th day after the date on which the committee appointed the State Auditor, or the committee or a majority of the committee members shall appoint another qualified person as State Auditor.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.08(b), eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 862, Sec. 3, eff. Aug. 31, 1987;  Acts 1997, 75th Leg., ch. 1122, Sec. 3, 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 321.010. First Assistant State Auditor

Sec. 321.010.  FIRST ASSISTANT STATE AUDITOR.  (a)  The State Auditor may appoint a first assistant state auditor.
(b)  The first assistant state auditor shall:
(1)  perform the duties and assignments prescribed by the State Auditor;  and
(2)  act as the State Auditor when the State Auditor is absent.
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 321 - State Auditor › Section 321.011. Personnel

Sec. 321.011.  PERSONNEL.  (a)  The State Auditor may employ a professional staff, including assistant auditors and stenographic and clerical personnel.
(b)  The State Auditor may conduct professional examinations to determine the qualifications of prospective staff members.
(c)  The State Auditor may discharge any assistant auditors or stenographic or clerical personnel at any time for any reason satisfactory to the State Auditor and without a hearing.
(d)  The State Auditor and staff are to be free from partisan politics, and the State Auditor is free to select the most efficient personnel available for each position in his office so that the State Auditor may render to the legislature the service the legislature has a right to expect.  It is against public policy and illegal for a member of the legislature, an officer or employee of the state, or an officer or employee of a state department to recommend or suggest that the State Auditor appoint a person to a position on the state auditor's staff.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 862, Sec. 4, 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 321.012. Expenditures and Salaries

Sec. 321.012.  EXPENDITURES AND SALARIES.  (a)  The committee directs and controls the expenditure of any money appropriated to the office of the State Auditor and must approve the State Auditor's appropriation requests and audit plan.
(b)  Before payment may be made on a voucher issued for payment of the salaries and expenses of the office, the State Auditor must approve the voucher.
(c)  The salaries of the assistant auditors and stenographic and clerical personnel may not exceed the amounts paid by other departments for similar services.
(d)  Salaries shall be paid monthly.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 641, Sec. 2, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 785, Sec. 3, 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 321.0131. Financial Audit

Sec. 321.0131.  FINANCIAL AUDIT.  A financial audit is an audit to determine:
(1)  in the case of the state or a department, whether the records, books, and accounts of the audited entity accurately reflect its financial and fiscal operations;
(2)  whether the audited entity is maintaining effective accounting control over revenues, obligations, expenditures, assets, and liabilities;
(3)  whether the accounting and record-keeping of collections of state revenues and receipts by the audited entity are fair, accurate, and in accordance with law;
(4)  whether the accounting and record-keeping of money or negotiable securities or similar assets handled by the audited entity on behalf of the state or received from the state and held in trust by the audited entity are proper, accurate, and in accordance with law;  and
(5)  whether financial, program, and statistical reports of the audited entity are fairly presented.
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 321.0132. Compliance Audit

Sec. 321.0132.  COMPLIANCE AUDIT.  A compliance audit is an audit to determine:
(1)  whether the audited entity has obligated, expended, received, and used state funds in accordance with the purpose for which those funds have been appropriated or otherwise authorized by law;
(2)  whether the audited entity has obligated, expended, received, and used state funds in accordance with any limitations, restrictions, conditions, or mandatory directions imposed by law on those obligations, expenditures, receipts, or uses;
(3)  in the case of a local or private entity or agency, whether the records, books, and accounts of the audited entity fairly and accurately reflect its financial and fiscal operations relating to the obligation, receipt, expenditure, and use of state funds or funds represented as being collected for a state purpose;
(4)  whether the collections of state revenues and receipts by the audited entity are in accordance with applicable laws and regulations;  and
(5)  whether money or negotiable securities or similar assets handled by the audited entity on behalf of the state or received from the state and held in trust by the audited entity have been properly and legally administered.
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 321.0133. Economy and Efficiency Audit

Sec. 321.0133.  ECONOMY AND EFFICIENCY AUDIT.  An economy and efficiency audit is an audit to determine:
(1)  whether the audited entity is managing or utilizing its resources, including state funds, personnel, property, equipment, and space, in an economical and efficient manner;
(2)  causes of inefficiencies or uneconomical practices, including inadequacies in management information systems, internal and administrative procedures, organizational structure, use of resources, allocation of personnel, purchasing, policies, and equipment;  and
(3)  whether financial, program, and statistical reports of the audited entity contain useful data and are fairly presented.
Added by Acts 1987, 70th Leg., ch. 862, Sec. 6, eff. Aug. 31, 1987.