Bill Text: TX SB1392 | 2013-2014 | 83rd Legislature | Engrossed

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Bill Title: Relating to an audit by the state auditor and a study by the comptroller of the events trust funds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-05-06 - Referred to Economic & Small Business Development [SB1392 Detail]

Download: Texas-2013-SB1392-Engrossed.html

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By: Davis S.B. No. 1392

A BILL TO BE ENTITLED
AN ACT
relating to an audit by the state auditor and a study by the
comptroller of the events trust funds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The state auditor shall conduct an audit to
determine the efficiency and effectiveness of funding events
through an events trust fund authorized under Section 5, 5A, 5B, or
5C, Chapter 1507 (Senate Bill No. 456), Acts of the 76th
Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
Texas Civil Statutes).
(b) The audit, at a minimum, must determine whether money
from an events trust fund is efficiently and effectively:
(1) disbursed in compliance with Section 5, 5A, 5B, or
5C, Chapter 1507 (Senate Bill No. 456), Acts of the 76th
Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
Texas Civil Statutes), as applicable, the Government Code, and
other relevant laws or standards;
(2) monitored so that the event and the persons and
entities that receive money from the fund comply with the terms of
applicable agreements and with the applicable sections of Chapter
1507, the Government Code, and other relevant laws or standards;
and
(3) maintained to provide adequate financial control
systems and to ensure accountability for use of the money.
(c) The state auditor shall prepare a report of the audit
conducted under this section. Not later than January 1, 2015, the
state auditor shall electronically file a copy of the report with
the lieutenant governor, the speaker of the house of
representatives, and the presiding officer of each standing
committee of the senate and house of representatives having primary
jurisdiction over fiscal matters or matters related to tourism or
recreation. The report must include details on:
(1) the process for approving the disbursement of
money through an events trust fund; and
(2) the degree to which past and present recipients of
money from a fund have complied with the terms of event agreements
and with the applicable sections of Chapter 1507 (Senate Bill No.
456), Acts of the 76th Legislature, Regular Session, 1999 (Article
5190.14, Vernon's Texas Civil Statutes), the Government Code, and
other relevant laws or standards.
SECTION 2. (a) The comptroller of public accounts shall
conduct a study to determine:
(1) the economic impact of the events that qualify for
funding through an events trust fund; and
(2) whether the events would likely be held in this
state in the absence of the incentives provided through the fund.
(b) The comptroller of public accounts shall prepare a
report of the findings from the study conducted under this section.
Not later than January 1, 2015, the comptroller shall
electronically file a copy of the report with the lieutenant
governor, the speaker of the house of representatives, and the
presiding officer of each standing committee of the senate and
house of representatives having primary jurisdiction over fiscal
matters or matters related to tourism or recreation.
SECTION 3. (a) Notwithstanding any other law, the
comptroller of public accounts shall reimburse the state auditor
for the cost of the audit conducted under Section 1 of this Act. The
comptroller may reimburse the state auditor from the funds
described by Subsection (b) of this section or the money collected
in the manner described by Subsection (c) of this section, or with a
combination of the funds and money.
(b) The comptroller may reimburse the state auditor using
any balances available in the 2014 state fiscal year from the events
trust funds established under Section 5, 5A, 5B, or 5C, Chapter 1507
(Senate Bill No. 456), Acts of the 76th Legislature, Regular
Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes).
The comptroller shall pay the audit cost proportionally from the
established funds based on the maximum balances in the funds during
the 2014 state fiscal year.
(c) The comptroller may reimburse the state auditor using
money collected by deducting an administrative fee not to exceed
three percent from amounts disbursed from the funds. The
comptroller may deduct this fee until the comptroller has collected
an amount sufficient to reimburse the state auditor under this
section.
SECTION 4. This Act expires September 1, 2015.
SECTION 5. This Act takes effect September 1, 2013.