Bill Text: TX HB5 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to strategic fiscal reviews of state agencies and programs.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Engrossed - Dead) 2015-05-26 - Senate appoints conferees-reported [HB5 Detail]

Download: Texas-2015-HB5-Comm_Sub.html

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84R3122 BEF-D
By: Otto, Burkett H.B. No. 5

A BILL TO BE ENTITLED
AN ACT
relating to strategic fiscal reviews of state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 322.007, Government Code,
is amended to read as follows:
Sec. 322.007. ESTIMATES, [AND] REPORTS, AND INFORMATION.
SECTION 2. Sections 322.007(a) and (b), Government Code,
are amended to read as follows:
(a) Each institution, department, agency, officer,
employee, or agent of the state shall submit:
(1) any estimate or report relating to appropriations
requested by the board or under the board's direction; and
(2) any information requested by the board in
connection with a strategic fiscal review.
(b) Each estimate, [or] report, or item of information shall
be submitted at a time set by the board and in the manner and form
prescribed by board rules.
SECTION 3. Chapter 322, Government Code, is amended by
adding Section 322.0175 to read as follows:
Sec. 322.0175. STRATEGIC FISCAL REVIEWS OF STATE AGENCIES.
(a) Not later than September 1 of each odd-numbered year, the
director shall recommend to the board state agencies to undergo
strategic fiscal review before the next regular legislative
session.
(b) The board shall select the state agencies to undergo
strategic fiscal review and conduct the reviews with the assistance
of the director.
(c) Not later than the seventh day after the date a regular
legislative session convenes, the board shall submit to the
legislature written reports of the findings of each strategic
fiscal review conducted by the board since the previous legislative
session.
(d) The board shall include in the written report of the
findings of a strategic fiscal review:
(1) a description of the discrete activities the state
agency is charged with conducting or performing together with:
(A) a justification for each activity by
reference to a statute or other legal authority; and
(B) an evaluation of the effectiveness and
efficiency of the state agency's policies, management, fiscal
affairs, and operations in relation to each activity;
(2) for each activity identified under Subdivision
(1):
(A) a quantitative estimate of any adverse
effects that reasonably may be expected to result if the activity
were discontinued, together with a description of the methods by
which the adverse effects were estimated;
(B) an itemized account of expenditures required
to maintain the activity at the minimum level of service or
performance required by the statute or other legal authority,
together with a concise statement of the quantity and quality of
service or performance required at that minimum level; and
(C) an itemized account of expenditures required
to maintain the activity at the current level of service or
performance, together with a concise statement of the quantity and
quality of service or performance provided at that current level;
(3) a ranking of activities identified under
Subdivision (1) that illustrates the relative importance of each
activity to the overall goals and purposes of the state agency at
current service or performance levels; and
(4) recommendations to the legislature regarding
whether the legislature should continue funding each activity
identified under Subdivision (1) and, if so, at what level.
(e) The legislature may consider reports of the findings of
strategic fiscal reviews in connection with the legislative
appropriation process.
(f) The legislature may consider a state agency's
compliance with the strategic fiscal review process in making
appropriations to that agency.
(g) Until the board has completed a strategic fiscal review
under this section, all information, documentary or otherwise,
prepared or maintained in conducting the strategic fiscal review or
preparing the strategic fiscal review report, including
intra-agency and interagency communications and drafts of the
strategic fiscal review report or portions of those drafts, is
excepted from required public disclosure as audit working papers
under Section 552.116. This subsection does not affect whether
information described by this subsection is confidential or
excepted from required public disclosure under a law other than
Section 552.116.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.