Texas Laws - Government Code
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT

SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT, AND PRODUCTIVITY (85839)(1-click HTML)

CHAPTER 2101. ACCOUNTING PROCEDURES (85840)(1-click HTML)
Sec. 2101.001. DEFINITIONS. (85841)(1-click HTML)

In this chapter: (85842)

(1) "Enterprise resource planning" includes the administration of a state agency's: (85843)

(A) general ledger; (85844)

(B) accounts payable; (85845)

(C) accounts receivable; (85846)

(D) budgeting; (85847)

(E) inventory; (85848)

(F) asset management; (85849)

(G) billing; (85850)

(H) payroll; (85851)

(I) projects; (85852)

(J) grants; (85853)

(K) human resources, including administration of performance measures, time spent on tasks, and other personnel and labor issues; and (85854)

(L) purchasing, including solicitations and contracting. (85855)

(2) "State agency" has the meaning assigned by Section 403.013. (85856)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (85857)

Amended by: (85858)

Acts 2007, 80th Leg., R.S., Ch. 1089 (H.B. 3106), Sec. 1, eff. September 1, 2007. (85859)

Acts 2013, 83rd Leg., R.S., Ch. 1057 (H.B. 3116), Sec. 1, eff. September 1, 2013. (85860)

Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 6, eff. September 1, 2015. (85861)

SUBCHAPTER B. FINANCIAL REPORTING (85862)(1-click HTML)
Sec. 2101.011. FINANCIAL INFORMATION REQUIRED OF STATE AGENCIES. (85863)(1-click HTML)

(a) In this section: (85864)

(1) "Annual financial report" means the annual financial report required by this section. (85865)

(2) "Appropriated money" means money appropriated by the legislature under the General Appropriations Act or other law. (85866)

(b) Not later than November 20 of each year, a state agency shall submit an annual financial report regarding the agency's use of appropriated money during the preceding fiscal year to: (85867)

(1) the governor; (85868)

(2) the comptroller; (85869)

(3) the Legislative Reference Library; (85870)

(4) the state auditor; and (85871)

(5) the Legislative Budget Board. (85872)

(c) A state agency's annual financial report must include a detailed statement of all assets, liabilities, and fund balances, including: (85873)

(1) cash on hand and on deposit in banks and accounts in the state treasury; (85874)

(2) the value of consumable supplies and postage; (85875)

(3) the value of the agency's inventory of movable equipment and other fixed assets; (85876)

(4) all other assets; (85877)

(5) an itemization of the investments, bonds, notes, and other securities owned by any special funds under the agency's jurisdiction, including the amount and value of the securities; (85878)

(6) all money due the agency from any source; (85879)

(7) all outstanding commitments of the agency, including amounts due for services or goods received by the agency; (85880)

(8) a summary by source of all revenue collected or accruing through the agency; (85881)

(9) a summary of all appropriations, expenditures, bona fide encumbrances, and other disbursements by the agency; and (85882)

(10) any other financial information requested by the comptroller. (85883)

(d) The comptroller may require the reporting of the financial information for any entity that the comptroller determines is a component unit of a statewide reporting entity in accordance with generally accepted accounting principles as prescribed or modified by the Governmental Accounting Standards Board or its successors. (85884)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 65, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 8.61, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 281, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1158, Sec. 40, eff. Sept. 1, 2001. (85885)

Sec. 2101.0115. OTHER INFORMATION REQUIRED OF STATE AGENCIES. (85886)(1-click HTML)

(a) A state agency shall submit an annual report to: (85887)

(1) the governor; (85888)

(2) the Legislative Reference Library; (85889)

(3) the state auditor; and (85890)

(4) the Legislative Budget Board. (85891)

(b) A state agency's annual report must cover an entire fiscal year. The agency shall submit the report not later than December 31 of each year. (85892)

(c) A state agency's annual report must include: (85893)

(1) the name and job title of each bonded agency employee, the amount of the bond, and the name of the surety company that issued the bond; (85894)

(2) an analysis of space occupied by the agency, including: (85895)

(A) the total amount of space rented by the agency, expressed in square feet; (85896)

(B) the total amount of space occupied by the agency in state-owned buildings, expressed in square feet; (85897)

(C) the name and address of each building in which the agency occupies space and the amount of square feet in each building devoted to each particular use; (85898)

(D) the cost per square foot of all rented space; (85899)

(E) the annual and monthly cost of all rented space; (85900)

(F) the name of each lessor of space rented by the agency; (85901)

(G) a description of the agency's progress toward achieving the objective provided by Section 2165.104, if the agency is subject to that section; and (85902)

(H) any other information helpful to describe the agency's use of space; (85903)

(3) an itemization of all fees paid by the agency for professional or consulting services provided under Subchapter A or B, Chapter 2254, including the name of each person receiving those fees and the reason for the provision of the services; (85904)

(4) an itemization of all fees paid by the agency for legal services, other than legal services provided by an agency employee or the attorney general, including the name of each person receiving those fees and the reason for the provision of the services; (85905)

(5) a copy of the form prepared by the agency under Section 2205.041, relating to the agency's use and cost of operating aircraft that are state-owned or under rental or long-term lease; (85906)

(6) an itemization of any purchases made under Section 2155.067, including each product purchased, the amount of the purchase, and the name of the vendor; (85907)

(7) for each fiscal year ending in an even-numbered calendar year: (85908)

(A) a copy of the master file report verification form certified by the General Land Office, if applicable to the agency, to confirm that the agency is in compliance with Subchapter E, Chapter 31, Natural Resources Code; or (85909)

(B) if the agency's inventory record is inaccurate or incomplete, a statement that the agency will submit the appropriate forms to the General Land Office not later than the 15th day after the date the agency submits its annual report; (85910)

(8) a copy of the report prepared by the agency under Section 2161.124, relating to the agency's use of historically underutilized businesses; (85911)

(9) a report of each transfer of appropriated money between appropriation items that shows the sum of all transfers affecting each item; (85912)

(10) an itemization of each passenger vehicle the agency purchased, including the make, model, purchase price, assigned type of use, and fuel efficiency as expressed by the manufacturer's fuel efficiency rating; (85913)

(11) a schedule, applicable to state agencies determined by the Legislative Budget Board, detailing total expenditures by or on behalf of the agency for: (85914)

(A) employee benefits, including social security, health insurance, retirement contributions, benefit replacement pay, and workers' and unemployment compensation payments; (85915)

(B) bond debt service; and (85916)

(C) payments for general governmental services as defined by the comptroller, including services of the comptroller, the attorney general, the General Services Commission, the Department of Information Resources, and the state auditor; (85917)

(12) for an institution of higher education, the total amount of lump-sum vacation and compensatory leave payments made to employees who separated from state service during the fiscal year; (85918)

(13) the name and job title of each state officer or employee authorized to use a state-owned or state-leased vehicle and the reasons for the authorization, in accordance with Section 2113.013; and (85919)

(14) a report of expenditures made for each commodity or service identified under Section 2155.448, including: (85920)

(A) the total amount spent on those commodities and services; (85921)

(B) the total amount spent for commodities and services purchased that accomplish the same purpose; and (85922)

(C) the total amount spent for all other recycled, remanufactured, or environmentally sensitive commodities or services, itemized by type of commodity or service. (85923)

(d) In this section: (85924)

(1) "Annual report" means the annual report required by this section. (85925)

(2) "Appropriated money" means money appropriated by the legislature under the General Appropriations Act or other law. (85926)

(3) "Appropriation item" includes an item listed in the General Appropriations Act under an informational listing of appropriated funds. (85927)

(4) "Institution of higher education" and "university system" have the meanings assigned by Section 61.003, Education Code. (85928)

(e) This section does not apply to an institution of higher education or university system. (85929)

Added by Acts 2001, 77th Leg., ch. 1158, Sec. 41, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 54, eff. Sept. 1, 2003. (85930)

Amended by: (85931)

Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 6.08, eff. June 17, 2011. (85932)

Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 6.09, eff. June 17, 2011. (85933)

Sec. 2101.012. UNIFORM ACCOUNTING AND REPORTING PROCEDURES. (85934)(1-click HTML)

(a) The comptroller shall prescribe uniform accounting and financial reporting procedures that each state agency shall use in the preparation of the information requested under Section 2101.011. The procedures may include procedures that prescribe a uniform format for and a uniform method of reporting the financial information included in the annual financial report. (85935)

(b) The procedures must: (85936)

(1) comply with generally accepted accounting principles as established by the Governmental Accounting Standards Board and the American Institute of Certified Public Accountants or their successors; and (85937)

(2) include the requirements for compliance with the federal Single Audit Act of 1984 and Office of Management and Budget Circular A-133 and any subsequent changes or amendments that will fulfill the audit requirements for a statewide single audit. (85938)

(c) The accounts of the institutions shall be maintained and audited in accordance with the approved reporting system. (85939)

(d) The comptroller may adopt rules to implement this section. (85940)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 42, eff. Sept. 1, 2001. (85941)

Amended by: (85942)

Acts 2007, 80th Leg., R.S., Ch. 141 (S.B. 470), Sec. 1, eff. May 18, 2007. (85943)

Sec. 2101.013. REVIEW OF PROPOSED PROCEDURES. (85944)(1-click HTML)

(a) Before adopting or changing the accounting and financial reporting procedures, the comptroller shall submit the proposed procedures to the state auditor for review and comment. (85945)

(b) In adopting or changing procedures, the comptroller shall consider any comments of the state auditor. (85946)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (85947)

Sec. 2101.014. DUTIES OF STATE AUDITOR. (85948)(1-click HTML)

The state auditor shall ensure that the accounting and financial reporting procedures of each state agency conform to the procedures adopted under this subchapter. (85949)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (85950)

Sec. 2101.015. COMPONENTIZATION FOR AGENCY RECEIVING FEDERAL FUNDS. (85951)(1-click HTML)

(a) In this section "componentization" means the process of separately calculating the depreciation of major building structural components, subsystems, and equipment. (85952)

(b) This section applies only to a state agency that receives federal funds to implement federal or joint federal and state programs. (85953)

(c) A state agency shall complete a componentization of any agency-owned building with a fair market value of at least $1 million. As each building component is replaced, it shall be separately depreciated based on its individual useful life. At a minimum, the agency shall complete any componentization using the following component categories and suggested useful lives: (85954)

(1) building shell, 30 years; (85955)

(2) electrical and lighting systems, 20 years; (85956)

(3) plumbing systems, 20 years; (85957)

(4) fire protection systems, 20 years; (85958)

(5) elevator systems, 20 years; (85959)

(6) fixed equipment assets, 20 years; (85960)

(7) heating, ventilation, and cooling systems, 15 years; (85961)

(8) floor coverings, 15 years; (85962)

(9) interior finish, 15 years; (85963)

(10) miscellaneous construction features, 15 years; and (85964)

(11) roof coverings, 10 years. (85965)

(d) The comptroller by rule may modify the schedule prescribed by Subsection (c). (85966)

Added by Acts 2001, 77th Leg., ch. 708, Sec. 1, eff. Sept. 1, 2001. (85967)

SUBCHAPTER C. UNIFORM STATEWIDE ACCOUNTING (85968)(1-click HTML)
Sec. 2101.031. UNIFORM STATEWIDE ACCOUNTING PROJECT. (85969)(1-click HTML)

(a) The uniform statewide accounting project is in the comptroller's office. (85970)

Text of introductory language of subsec. (b) as amended by Acts 1997, 75th Leg., ch. 891, Sec. 1.02 (85971)

(b) The project includes each component of the uniform statewide accounting system as designed in accordance with Chapter 852, Acts of the 70th Legislature, Regular Session, 1987, and as defined by Section 1, Chapter 781, Acts of the 71st Legislature, Regular Session, 1989, including: (85972)

Text of introductory language of subsec. (b) as amended by Acts 1997, 75th Leg., ch. 1035, Sec. 79 (85973)

(b) The project includes each component of the uniform statewide accounting system as designed in accordance with Chapter 852, Acts of the 70th Legislature, Regular Session, 1987, as defined by Section 1, Chapter 781, Acts of the 71st Legislature, Regular Session, 1989, and as developed or revised by the comptroller, including: (85974)

(1) the uniform statewide accounting system (USAS) and related subsystems; (85975)

(2) the uniform statewide payroll system (USPS); and (85976)

(3) the human resource information system (HRIS). (85977)

(c) The comptroller shall ensure that the uniform statewide accounting project includes enterprise resource planning. (85978)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 891, Sec. 1.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 79, eff. June 19, 1997. (85979)

Amended by: (85980)

Acts 2007, 80th Leg., R.S., Ch. 1089 (H.B. 3106), Sec. 2, eff. September 1, 2007. (85981)

Sec. 2101.033. PROJECT DIRECTOR. (85982)(1-click HTML)

(a) The comptroller shall appoint a project director to administer the project. (85983)

(b) The project director reports directly to the comptroller or chief deputy comptroller. (85984)

(c) To be appointed project director, an individual must be qualified by training and experience to perform the duties of the position. (85985)

(d) The project director shall: (85986)

(1) administer the project as provided by this subchapter; (85987)

(2) employ and remove project staff; (85988)

(3) administer all money entrusted to the project; (85989)

(4) obtain necessary office space, equipment, and supplies for the project; and (85990)

(5) contract for goods and services necessary to carry out this subchapter. (85991)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (85992)

Sec. 2101.034. PROJECT SUPPORT; RECOVERY OF COSTS. (85993)(1-click HTML)

(a) The comptroller shall provide support services for the project, including accounting, purchasing, and personnel services. The cost of the services shall be paid from money appropriated to the comptroller. (85994)

(b) The comptroller may recover from a state agency or a vendor that uses the system under Section 2155.061 the cost of implementation or use of any component of the project. (85995)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (85996)

Amended by: (85997)

Acts 2013, 83rd Leg., R.S., Ch. 1057 (H.B. 3116), Sec. 2, eff. September 1, 2013. (85998)

Sec. 2101.035. ADMINISTRATION OF USAS. (85999)(1-click HTML)

(a) The comptroller is responsible for the administration, maintenance, and modification of the uniform statewide accounting system. The comptroller may adopt procedures and rules for the effective operation of the system, including procedures and rules relating to the method used to compute the net compensation of a state officer or employee. (86000)

(b) Repealed by Acts 1997, 75th Leg., ch. 891, Sec. 1.06(b), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 90(a), eff. June 19, 1997. (86001)

(c) The comptroller shall implement the uniform statewide accounting system in accordance with generally accepted accounting principles, including the guidelines of the National Association of College and University Business Officers. (86002)

(d) The comptroller shall ensure that the uniform statewide accounting system encompasses each state agency. (86003)

(e) The comptroller shall ensure that the uniform statewide payroll system includes a standardized payroll calculation function. A state agency shall use that function to calculate its payrolls unless the comptroller temporarily exempts the agency from this requirement. (86004)

(f) The comptroller may designate a centralized or decentralized computer system, or a combination of those systems, to operate the uniform statewide accounting system or a component of that system, including the uniform statewide payroll system and the human resources information system. A designated computer system may be operated by the comptroller, another governmental entity, or a private contractor. (86005)

(g) If the comptroller designates a decentralized computer system under Subsection (f), the comptroller may require each state agency using that system to report data and other information from the system to the comptroller at the time and in the manner required by the comptroller. (86006)

(h) State agencies shall report expenditures in the uniform manner required by the comptroller. (86007)

(i) State agencies shall report contract and purchasing information in the uniform manner required by the comptroller. (86008)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.30(a), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 891, Sec. 1.03, 1.06(b) eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 80, 90(a) eff. June 19, 1997. (86009)

Amended by: (86010)

Acts 2007, 80th Leg., R.S., Ch. 141 (S.B. 470), Sec. 2, eff. May 18, 2007. (86011)

Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 7, eff. September 1, 2015. (86012)

Sec. 2101.036. STATE AGENCY INTERNAL ACCOUNTING SYSTEMS. (86013)(1-click HTML)

(a) The comptroller by rule may: (86014)

(1) require state agencies to modify, delay, or stop the implementation of individual accounting and payroll systems, including individual enterprise resource planning systems, so that those systems are compatible with the uniform statewide accounting system; and (86015)

(2) adopt standards for implementation and modification of state agency enterprise resource planning systems. (86016)

(b) The comptroller may require a state agency to: (86017)

(1) replace its internal enterprise resource planning system or accounting and payroll system with project components to provide uniformity in internal accounting and other enterprise resource planning system functions; and (86018)

(2) modify its internal enterprise resource planning system or accounting and payroll system to provide uniformity in internal accounting and other enterprise resource planning system functions. (86019)

(c) The expenditure of state funds for the establishment, modification, or maintenance of an individual enterprise resource planning system or accounting or payroll system must be in accordance with any rules regarding the development, implementation, or use of the uniform statewide accounting system. (86020)

(d) Notwithstanding any other provision of this chapter or other law, this section and any rules implementing this section apply only in relation to a state agency as defined by Section 2054.003. (86021)

(e) Notwithstanding Subsection (d), a state agency in the legislative branch may elect to participate in the enterprise resource planning system developed under this section. (86022)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86023)

Amended by: (86024)

Acts 2007, 80th Leg., R.S., Ch. 1089 (H.B. 3106), Sec. 3, eff. September 1, 2007. (86025)

Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 8, eff. September 1, 2015. (86026)

Sec. 2101.037. STATE AGENCY COOPERATION. (86027)(1-click HTML)

(a) A state agency shall make available to the project director all records of the agency for purposes of developing and implementing the project, including complying with the rules and requirements prescribed by the comptroller under Section 2101.036. (86028)

(b) To ensure continuous reporting of comprehensive financial management information, including information on encumbrances and performance and workload measures, the comptroller shall require each state agency to report the necessary information to the project director on time. The reports of each agency must comply with the comptroller's rules and procedures about content and frequency. (86029)

(c) It is an affirmative defense to prosecution under Section 552.352(a) that the comptroller, the project director, or another officer or employee of the comptroller acted in reliance on a determination made by a state agency about the confidentiality of information supplied by the agency to the project director under Subsection (b). (86030)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1218, Sec. 1, eff. Sept. 1, 1999. (86031)

Amended by: (86032)

Acts 2007, 80th Leg., R.S., Ch. 1089 (H.B. 3106), Sec. 4, eff. September 1, 2007. (86033)

Sec. 2101.0375. WITHHOLDING OF TRAVEL EXPENSE REIMBURSEMENTS FOR LATE OR IMPROPER REPORTING. (86034)(1-click HTML)

(a) The comptroller may withhold all reimbursements for the travel expenses incurred by the chief administrative officer of a state agency whose report under this subchapter is not properly received by the comptroller on or before the comptroller's deadline. (86035)

(b) The comptroller may withhold all reimbursements for the travel expenses incurred by the officers and employees of a state agency whose report under this subchapter is not properly received by the comptroller on or before the 30th day after the comptroller's deadline. (86036)

(c) The comptroller may prohibit a state agency from using local funds to reimburse the travel expenses incurred by: (86037)

(1) the agency's chief administrative officer if the agency's report under this subchapter is not properly received by the comptroller on or before the comptroller's deadline; or (86038)

(2) the agency's officers or employees if the agency's report under this subchapter is not properly received by the comptroller on or before the 30th day after the comptroller's deadline. (86039)

(d) Immediately after the comptroller determines that a state agency's report has been properly received, the comptroller shall: (86040)

(1) release each travel expense reimbursement that the comptroller withheld under Subsection (a) or (b); and (86041)

(2) rescind any prohibition that the comptroller issued under Subsection (c). (86042)

(e) A travel expense reimbursement is subject to withholding under Subsection (a), (b), or (c) regardless of when the expense is incurred. A travel expense reimbursement is subject to withholding under Subsection (a) or (b) regardless of whether the reimbursement is payable to an individual or a state agency. (86043)

(f) A report is properly received under this section if the report complies with the format, submission method, content, and other requirements of the comptroller and this subchapter. (86044)

(g) In this section: (86045)

(1) "Chief administrative officer" means: (86046)

(A) the appointed or elected individual who is authorized by law to administer a state agency that is not headed by a governing body; or (86047)

(B) the executive director or other individual with an equivalent title who administers a state agency headed by a governing body. (86048)

(2) "Local funds" means funds that are not expended on warrants drawn or electronic funds transfers initiated by the comptroller. (86049)

(3) "State agency" does not include: (86050)

(A) a state agency under the direct supervision and control of the governor, the secretary of state, the comptroller, the Commissioner of the General Land Office, or the attorney general if the agency is not headed by a governing body; (86051)

(B) a state agency in the legislative or judicial branch of government; (86052)

(C) the Department of Agriculture; or (86053)

(D) the Railroad Commission of Texas. (86054)

Added by Acts 1997, 75th Leg., ch. 1035, Sec. 81, eff. June 19, 1997. (86055)

Sec. 2101.0376. ADMINISTRATIVE PENALTIES FOR LATE OR IMPROPER REPORTING. (86056)(1-click HTML)

(a) The comptroller may impose an administrative penalty against a state agency if the comptroller: (86057)

(1) is late in submitting a statewide report or submits an incomplete statewide report; and (86058)

(2) determines that the statewide report is late or incomplete because a report from the agency under this subchapter was not properly received by the comptroller on or before the comptroller's deadline. (86059)

(b) A penalty imposed under Subsection (a) may be in an amount not to exceed $2,000 for each report that is not properly received by the comptroller on or before the comptroller's deadline. (86060)

(c) A state agency shall ensure that the comptroller receives payment of a penalty imposed under Subsection (a) not later than the 30th day after the date the agency receives notice of the penalty. The comptroller shall deposit the payment to the credit of the general revenue fund. (86061)

(d) A report is properly received under this section if the report complies with the format, submission method, content, and other requirements of the comptroller and this subchapter. (86062)

(e) The comptroller may adopt rules to administer this section. (86063)

(f) In this section, "statewide report" means a report periodically submitted by the comptroller to the legislature, the state auditor, or another state officer or agency that provides statistical or financial information about the state agencies or their officers and employees. (86064)

(g) "State agency" does not include: (86065)

(1) a state agency under the direct supervision and control of the governor, the secretary of state, the comptroller, the Commissioner of the General Land Office, or the attorney general if the agency is not headed by a governing body; (86066)

(2) a state agency in the legislative or judicial branch of government; (86067)

(3) the Department of Agriculture; or (86068)

(4) the Railroad Commission of Texas. (86069)

Added by Acts 1997, 75th Leg., ch. 1035, Sec. 81, eff. June 19, 1997. (86070)

Sec. 2101.0377. REPORTING ACCOUNTING IRREGULARITIES TO STATE AUDITOR. (86071)(1-click HTML)

On determining that a state agency, as defined by Section 658.001, or an institution of higher education, as defined by Section 61.003, Education Code, has inaccurately reported the expenditure of appropriated funds or engaged in recurring accounting irregularities, the comptroller shall report the agency or institution to the state auditor for appropriate action, including a comprehensive financial audit. (86072)

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.15, eff. Sept. 1, 1999. (86073)

Sec. 2101.038. DUTIES OF STATE AUDITOR. (86074)(1-click HTML)

The state auditor, when reviewing the operation of a state agency, shall audit for compliance with the uniform statewide accounting system, the comptroller's rules, and the Legislative Budget Board's performance and workload measures. The state auditor shall also audit state agencies that make purchases that are exempted from the purchasing authority of the comptroller or that make purchases under delegated purchasing authority for compliance with applicable provisions of Subtitle D, except that this section does not require the state auditor to audit purchases made under Section 51.9335, Education Code, or made under Section 73.115, Education Code. The state auditor shall notify the comptroller, the governor, the lieutenant governor, the speaker of the house of representatives, and the Legislative Budget Board as soon as practicable when a state agency is not in compliance. (86075)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(21), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 891, Sec. 1.04, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 82, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1206, Sec. 22, eff. Sept. 1, 1997. (86076)

Amended by: (86077)

Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.66, eff. September 1, 2007. (86078)

Sec. 2101.039. CONTRACTS; EXEMPTION. (86079)(1-click HTML)

Contracts made under this subchapter are not subject to: (86080)

(1) Subtitle D, Title 10; (86081)

(2) Chapter 2254; or (86082)

(3) Chapter 2054. (86083)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 891, Sec. 1.05, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 83, eff. June 19, 1997. (86084)

Sec. 2101.040. ENTERPRISE RESOURCE PLANNING ADVISORY COUNCIL. (86085)(1-click HTML)

(a) The comptroller shall establish and coordinate the enterprise resource planning advisory council. The council is composed of: (86086)

(1) representatives of the Department of Information Resources, appointed by the executive director of the department; (86087)

(2) representatives of the Health and Human Services Commission, appointed by the executive commissioner of the commission; (86088)

(3) representatives of the Information Technology Council for Higher Education, nominated by the members of the council; (86089)

(4) representatives of the comptroller's office, appointed by the comptroller; and (86090)

(5) representatives of two state agencies selected by the comptroller that have fewer than 100 employees, appointed by the executive head of each agency. (86091)

(b) The council shall develop a plan that contains key requirements, constraints, and alternative approaches for the comptroller's implementation of enterprise resource planning standards, including related core functionality and business process reengineering requirements. (86092)

(c) Before each legislative session, the comptroller shall report to the legislature concerning the status of the implementation of the council's plan under Subsection (b) regarding enterprise resource planning in this state, including any planned modifications to and upgrade requirements of statewide and agency systems and the financial impact of the modifications and upgrade requirements. (86093)

(d) A member of the council receives no additional compensation for serving on the council and may not be reimbursed for travel or other expenses incurred while conducting the business of the council. (86094)

(e) Except as provided by Subsection (d), Chapter 2110 applies to the council. (86095)

Added by Acts 2007, 80th Leg., R.S., Ch. 1089 (H.B. 3106), Sec. 5, eff. September 1, 2007. (86096)

Sec. 2101.041. STATE AGENCY REPORTING OF CONTRACTING INFORMATION. (86097)(1-click HTML)

(a) The comptroller by rule shall determine the contracting information that state agencies must report or provide using the centralized accounting and payroll system, or any successor system used to implement the enterprise resource planning component of the uniform statewide accounting project, developed under Sections 2101.035 and 2101.036. (86098)

(b) In making the determination required by this section, the comptroller shall consider requiring a state agency to report or provide: (86099)

(1) a brief summary of each contract that is quickly and easily searchable, including the contract's purpose, timeline, and deliverables; (86100)

(2) contract planning and solicitation documents; (86101)

(3) the criteria used to determine the vendor awarded the contract; (86102)

(4) if the contract was awarded based on best value to the state: (86103)

(A) a list of the factors considered in determining best value with the weight given each factor; and (86104)

(B) a statement regarding how the vendor awarded the contract provides the best value to the state in relation to other vendors who bid or otherwise responded to the contract solicitation; (86105)

(5) any statements of work and work orders prepared for or under the contract; (86106)

(6) the proposed budget for the contract; (86107)

(7) any conflict of interest documents signed by state agency purchasing personnel participating in the planning, soliciting, or monitoring of the contract; (86108)

(8) criteria used or to be used by the state agency in monitoring the contract and vendor performance under the contract; (86109)

(9) a justification for each change order, contract amendment, contract renewal or extension, or other proposed action that would result in an increase in the monetary value of a contract with an initial value exceeding $10 million; and (86110)

(10) additional supporting documentation and justification for a change order, contract amendment, contract renewal or extension, or other proposed action of a contract described by Subdivision (9) that would result in an increase in the contract's monetary value by more than 20 percent. (86111)

Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 9, eff. September 1, 2015. (86112)

Sec. 2101.042. LEAVE REPORTING. (86113)(1-click HTML)

(a) As part of the centralized accounting and payroll system or any successor system used to implement the enterprise resource planning component of the uniform statewide accounting project developed under Sections 2101.031, 2101.035, and 2101.036, the comptroller shall adopt a uniform system for use by each state agency to which Section 2101.036 applies under Subsection (d) of that section for the reporting of leave taken by the agency's employees. The system adopted by the comptroller must include standardized accounting codes for each type of leave authorized under Chapter 661. (86114)

(b) A state agency to which Subsection (a) applies shall use the uniform system adopted by the comptroller under this section. (86115)

Added by Acts 2017, 85th Leg., R.S., Ch. 518 (S.B. 73), Sec. 5, eff. September 1, 2017. (86116)

CHAPTER 2102. INTERNAL AUDITING (86117)(1-click HTML)
Sec. 2102.001. SHORT TITLE. (86118)(1-click HTML)

This chapter may be cited as the Texas Internal Auditing Act. (86119)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86120)

Sec. 2102.002. PURPOSE. (86121)(1-click HTML)

The purpose of this chapter is to establish guidelines for a program of internal auditing to assist agency administrators and governing boards by furnishing independent analyses, appraisals, and recommendations about the adequacy and effectiveness of a state agency's systems of internal control policies and procedures and the quality of performance in carrying out assigned responsibilities. Internal auditing is defined as an independent, objective assurance and consulting activity designed to add value and improve an organization's operations. It helps an organization accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes. (86122)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 380, Sec. 1, eff. Sept. 1, 2003. (86123)

Sec. 2102.003. DEFINITIONS. (86124)(1-click HTML)

In this chapter: (86125)

(1) "Administrator" means the executive head of a state agency. (86126)

(2) "Assurance services" means an examination of evidence for the purpose of providing an independent assessment of risk management, control, or governance processes for an organization. Assurance services include audits as defined in this section. (86127)

(3) "Audit" means: (86128)

(A) a financial audit described by Section 321.0131; (86129)

(B) a compliance audit described by Section 321.0132; (86130)

(C) an economy and efficiency audit described by Section 321.0133; (86131)

(D) an effectiveness audit described by Section 321.0134; or (86132)

(E) an investigation described by Section 321.0136. (86133)

(4) "Consulting services" means advisory and related client service activities, the nature and scope of which are agreed upon with the client and are intended to add value and improve an organization's operations. Consulting services include counsel, advice, facilitation, and training. (86134)

(5) "State agency" means a department, board, bureau, institution, commission, or other agency in the executive branch of state government. (86135)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1122, Sec. 11, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 380, Sec. 2, eff. Sept. 1, 2003. (86136)

Sec. 2102.004. APPLICABILITY. (86137)(1-click HTML)

(a) Sections 2102.005-2102.012 apply only to a state agency that: (86138)

(1) has an annual operating budget that exceeds $10 million; (86139)

(2) has more than 100 full-time equivalent employees as authorized by the General Appropriations Act; or (86140)

(3) receives and processes more than $10 million in cash in a fiscal year. (86141)

(b) Sections 2102.013 and 2102.014 apply to each state agency that receives an appropriation and that is not described by Subsection (a). (86142)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 804, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 291, Sec. 1, eff. June 18, 2003. (86143)

Sec. 2102.005. INTERNAL AUDITING REQUIRED. (86144)(1-click HTML)

A state agency shall conduct a program of internal auditing that includes: (86145)

(1) an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year; and (86146)

(2) periodic audits of the agency's major systems and controls, including: (86147)

(A) accounting systems and controls; (86148)

(B) administrative systems and controls; and (86149)

(C) electronic data processing systems and controls. (86150)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1122, Sec. 12, eff. Sept. 1, 1997. (86151)

Sec. 2102.006. INTERNAL AUDITOR; STAFF. (86152)(1-click HTML)

(a) The governing board of a state agency or the administrator of a state agency that does not have a governing board shall appoint an internal auditor. (86153)

(b) An internal auditor must: (86154)

(1) be a certified public accountant or a certified internal auditor; and (86155)

(2) have at least three years of auditing experience. (86156)

(c) The state agency shall employ additional professional and support staff the administrator determines necessary to implement an effective program of internal auditing. (86157)

(d) The governing board of a state agency, or the administrator of a state agency if the state agency does not have a governing board, shall periodically review the resources dedicated to the internal audit program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are adequately covered within a reasonable time frame. (86158)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 804, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 380, Sec. 3, eff. Sept. 1, 2003. (86159)

Sec. 2102.007. DUTIES OF INTERNAL AUDITOR. (86160)(1-click HTML)

(a) The internal auditor shall: (86161)

(1) report directly to the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board; (86162)

(2) develop an annual audit plan; (86163)

(3) conduct audits as specified in the audit plan and document deviations; (86164)

(4) prepare audit reports; (86165)

(5) conduct quality assurance reviews in accordance with professional standards as provided by Section 2102.011 and periodically take part in a comprehensive external peer review; and (86166)

(6) conduct economy and efficiency audits and program results audits as directed by the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board. (86167)

(b) The program of internal auditing conducted by a state agency must provide for the auditor to: (86168)

(1) have access to the administrator; and (86169)

(2) be free of all operational and management responsibilities that would impair the auditor's ability to review independently all aspects of the state agency's operation. (86170)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 804, Sec. 3, eff. Sept. 1, 2001. (86171)

Sec. 2102.008. APPROVAL OF AUDIT PLAN AND AUDIT REPORT. (86172)(1-click HTML)

The annual audit plan developed by the internal auditor must be approved by the state agency's governing board or by the administrator of a state agency if the state agency does not have a governing board. Audit reports must be reviewed by the state agency's governing board and the administrator. (86173)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 804, Sec. 4, eff. Sept. 1, 2001. (86174)

Sec. 2102.009. ANNUAL REPORT. (86175)(1-click HTML)

The internal auditor shall prepare an annual report and submit the report before November 1 of each year to the governor, the Legislative Budget Board, the Sunset Advisory Commission, the state auditor, the state agency's governing board, and the administrator. The state auditor shall prescribe the form and content of the report, subject to the approval of the legislative audit committee. (86176)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1122, Sec. 13, eff. Sept. 1, 1997. (86177)

Sec. 2102.0091. REPORTS OF PERIODIC AUDITS. (86178)(1-click HTML)

(a) A state agency shall file with the Sunset Advisory Commission, the Governor's Office of Budget, Planning, and Policy, the state auditor, and the Legislative Budget Board a copy of each report submitted to the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board by the agency's internal auditor. (86179)

(b) Each report shall be filed not later than the 30th day after the date the report is submitted to the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board. (86180)

(c) In addition to the requirements of Subsection (a), a state agency shall file with the Governor's Office of Budget, Planning, and Policy, the state auditor, and the Legislative Budget Board any action plan or other response issued by the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board in response to the report of the state agency's internal auditor. (86181)

(d) If the state agency does not file the report as required by this section, the Legislative Budget Board or the Governor's Office of Budget, Planning, and Policy may take appropriate action to compel the filing of the report. (86182)

Added by Acts 1999, 76th Leg., ch. 281, Sec. 7, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 804, Sec. 4, eff. Sept. 1, 2001. (86183)

Amended by: (86184)

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 50, eff. September 1, 2013. (86185)

Sec. 2102.010. CONSULTATIONS. (86186)(1-click HTML)

An internal auditor may consult the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board, the governor's office, the state auditor, and legislative agencies or committees about matters affecting duties or responsibilities under this chapter. (86187)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 804, Sec. 4, eff. Sept. 1, 2001. (86188)

Sec. 2102.011. INTERNAL AUDIT STANDARDS. (86189)(1-click HTML)

The internal audit program shall conform to the Standards for the Professional Practice of Internal Auditing, the Code of Ethics contained in the Professional Practices Framework as promulgated by the Institute of Internal Auditors, and generally accepted government auditing standards. (86190)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 380, Sec. 4, eff. Sept. 1, 2003. (86191)

Sec. 2102.012. PROFESSIONAL DEVELOPMENT. (86192)(1-click HTML)

(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. (86193)

(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). (86194)

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. (86195)

Sec. 2102.013. ANNUAL RISK ASSESSMENT; REPORT. (86196)(1-click HTML)

(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. (86197)

(b) The risk assessment must: (86198)

(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 (86199)

(2) rank risks according to the probability of occurrence and likely effect of the risks evaluated. (86200)

(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. (86201)

Added by Acts 2003, 78th Leg., ch. 291, Sec. 2, eff. June 18, 2003. (86202)

Sec. 2102.014. EVALUATION OF RISK ASSESSMENT REPORTS; AUDITS. (86203)(1-click HTML)

(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: (86204)

(1) evaluate each report submitted under Section 2102.013; (86205)

(2) identify agencies with significant financial, managerial, or compliance risk or significant risk related to the use of information technology; and (86206)

(3) recommend to the governor that the identified agencies obtain an audit to address the significant risks identified by the state auditor. (86207)

(b) The governor may order an agency identified under this section to: (86208)

(1) obtain an audit under governmental auditing standards; (86209)

(2) submit reports and corrective action plans as prescribed by Section 2102.0091; and (86210)

(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. (86211)

(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. (86212)

Added by Acts 2003, 78th Leg., ch. 291, Sec. 2, eff. June 18, 2003. (86213)

Sec. 2102.015. PUBLICATION OF AUDIT PLAN AND ANNUAL REPORT ON INTERNET. (86214)(1-click HTML)

(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. (86215)

(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: (86216)

(1) the agency's internal audit plan approved as provided by Section 2102.008; and (86217)

(2) the agency's annual report required under Section 2102.009. (86218)

(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. (86219)

(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. (86220)

(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. (86221)

Added by Acts 2013, 83rd Leg., R.S., Ch. 840 (H.B. 16), Sec. 1, eff. June 14, 2013. (86222)

CHAPTER 2103. EXPENDITURES BY STATE AGENCIES (86223)(1-click HTML)
Sec. 2103.001. DEFINITION. (86224)(1-click HTML)

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. (86225)

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. (86226)

Sec. 2103.002. APPLICABILITY OF CHAPTER TO APPROPRIATED LOCAL FUND. (86227)(1-click HTML)

(a) This chapter does not apply to an expenditure from an appropriated local fund. (86228)

(b) This chapter applies to the reimbursement to a state agency for an expenditure from an appropriated local fund. (86229)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86230)

Sec. 2103.003. STATE AGENCY SPENDING OF APPROPRIATED FUNDS. (86231)(1-click HTML)

A state agency may spend appropriated funds only by: (86232)

(1) a warrant drawn by: (86233)

(A) the comptroller; or (86234)

(B) a person that the comptroller has delegated authority to print warrants under Section 403.060; (86235)

(2) an electronic funds transfer initiated by the comptroller; or (86236)

(3) a debit to a state account by a person authorized under Section 403.0271. (86237)

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. (86238)

Sec. 2103.0035. STATE AGENCY SPENDING OF UNAPPROPRIATED FUNDS. (86239)(1-click HTML)

(a) A state agency may spend unappropriated funds only by: (86240)

(1) a warrant drawn by: (86241)

(A) the comptroller; or (86242)

(B) a state agency to which the comptroller has delegated authority to print warrants under Section 403.060; or (86243)

(2) an electronic funds transfer initiated by the comptroller. (86244)

(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. (86245)

Added by Acts 1997, 75th Leg., ch. 1035, Sec. 58, eff. June 19, 1997. (86246)

Sec. 2103.004. WARRANTS AND ELECTRONIC FUNDS TRANSFERS. (86247)(1-click HTML)

(a) A warrant may not be drawn or an electronic funds transfer initiated until: (86248)

(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; (86249)

(2) the state agency has approved the voucher in accordance with this chapter; and (86250)

(3) the comptroller has audited and approved the voucher as required by law. (86251)

(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. (86252)

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. (86253)

SUBCHAPTER B. APPROVAL AND SUBMISSION OF VOUCHERS BY ELECTRONIC MEANS (86254)(1-click HTML)
Sec. 2103.031. APPLICABILITY OF SUBCHAPTER. (86255)(1-click HTML)

This subchapter applies only to approval and submission of vouchers by electronic means. (86256)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86257)

Sec. 2103.032. APPROVAL AND SUBMISSION OF VOUCHERS. (86258)(1-click HTML)

(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. (86259)

(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. (86260)

(c) Repealed by Acts 1997, 75th Leg., ch. 1035, Sec. 90(a), eff. June 19, 1997. (86261)

(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. (86262)

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. (86263)

Amended by: (86264)

Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.67, eff. September 1, 2007. (86265)

SUBCHAPTER C. APPROVAL AND SUBMISSION OF VOUCHERS BY NONELECTRONIC MEANS (86266)(1-click HTML)
Sec. 2103.061. STATE AGENCY ADMINISTERED BY GOVERNING BODY. (86267)(1-click HTML)

(a) A state agency administered by a governing body may approve a voucher only in accordance with this section. (86268)

(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. (86269)

(c) The presiding officer of the governing body may approve a voucher after submitting a signature card to the comptroller. (86270)

(d) An officer or employee of the state agency may approve the voucher after: (86271)

(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; (86272)

(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 (86273)

(3) the comptroller has received a signature card from the officer or employee. (86274)

(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. (86275)

(f) In this section: (86276)

(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 (86277)

(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. (86278)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86279)

Sec. 2103.062. STATE AGENCY ADMINISTERED BY ELECTED OR APPOINTED OFFICIAL. (86280)(1-click HTML)

(a) A state agency administered by an elected or appointed state official may approve a voucher only in accordance with this section. (86281)

(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. (86282)

(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. (86283)

(d) The elected or appointed official may approve a voucher after submitting a signature card to the comptroller. (86284)

(e) An officer or employee of the state agency may approve a voucher after: (86285)

(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; (86286)

(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 (86287)

(3) the comptroller has received a signature card from the officer or employee. (86288)

(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. (86289)

(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. (86290)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86291)

Sec. 2103.064. TEXAS TRANSPORTATION COMMISSION. (86292)(1-click HTML)

(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. (86293)

(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(22). (86294)

(c) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(22). (86295)

(d) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(22). (86296)

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. (86297)

CHAPTER 2104. CONSERVATORSHIP AS A RESULT OF FISCAL MISMANAGEMENT (86298)(1-click HTML)
Sec. 2104.001. DEFINITIONS. (86299)(1-click HTML)

In this chapter: (86300)

(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. (86301)

(2) "Gross fiscal mismanagement" includes: (86302)

(A) failure to keep adequate fiscal records; (86303)

(B) failure to maintain proper control over assets; (86304)

(C) failure to discharge fiscal obligations in a timely manner; and (86305)

(D) misuse of state funds. (86306)

(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: (86307)

(A) is in the executive branch of state government; (86308)

(B) is created by statute; and (86309)

(C) does not have statutory geographical boundaries limited to a part of the state. (86310)

(4) "State fiscal management policies" means laws or rules relating to: (86311)

(A) fiscal recordkeeping and reporting; (86312)

(B) use or control of state property; (86313)

(C) timely discharge of fiscal obligations; or (86314)

(D) use of state funds. (86315)

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. (86316)

Sec. 2104.002. APPLICABILITY OF CHAPTER. (86317)(1-click HTML)

This chapter does not apply to an agency that is under the direction of an elected officer, board, or commission. (86318)

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. (86319)

SUBCHAPTER B. CONSERVATORS (86320)(1-click HTML)
Sec. 2104.011. APPOINTMENT OF CONSERVATOR; TERMS. (86321)(1-click HTML)

(a) A conservator is appointed by the governor with the advice and consent of the senate. (86322)

(b) To be eligible for appointment as a conservator, a person must be qualified, by experience or education, in administration or fiscal management. (86323)

(c) A public officer is eligible to serve as a conservator. (86324)

(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. (86325)

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. (86326)

Sec. 2104.012. COMPENSATION OF CONSERVATOR. (86327)(1-click HTML)

(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. (86328)

(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. (86329)

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. (86330)

Sec. 2104.013. EXPENSES OF CONSERVATOR. (86331)(1-click HTML)

(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. (86332)

(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. (86333)

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. (86334)

Sec. 2104.014. RULES. (86335)(1-click HTML)

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. (86336)

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. (86337)

Sec. 2104.015. ADMINISTRATIVE SERVICES. (86338)(1-click HTML)

(a) The governor shall provide a conservator with administrative services. (86339)

(b) If necessary, the governor may use appropriations made under Section 403.075 to provide the administrative services. (86340)

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. (86341)

SUBCHAPTER C. CONSERVATORSHIP OF STATE AGENCIES (86342)(1-click HTML)
Sec. 2104.021. MISMANAGEMENT FINDING; RECOMMENDATION; CONSERVATORSHIP ORDER. (86343)(1-click HTML)

(a) The legislative audit committee, on finding that a condition of gross fiscal mismanagement exists in a state agency, may: (86344)

(1) notify the governor of the finding and recommend that the governor appoint a conservator for the agency; or (86345)

(2) recommend to the agency that it agree within a specified time to enter into a rehabilitation plan in accordance with Section 2104.0215. (86346)

(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. (86347)

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. (86348)

Sec. 2104.0215. REHABILITATION PLAN IN LIEU OF CONSERVATORSHIP. (86349)(1-click HTML)

(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. (86350)

(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. (86351)

(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. (86352)

(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. (86353)

(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). (86354)

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. (86355)

Sec. 2104.022. ASSUMPTION OF POLICY FUNCTIONS. (86356)(1-click HTML)

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. (86357)

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. (86358)

Sec. 2104.023. CONSERVATORSHIP POWERS AND DUTIES. (86359)(1-click HTML)

(a) The conservator of a state agency under this subchapter shall ensure that the agency complies with state fiscal management policies. (86360)

(b) The conservator of a state agency under this subchapter, may: (86361)

(1) terminate the employment of any employee whose conduct the conservator determines contributed to the condition that caused the conservatorship; (86362)

(2) employ personnel for the agency; (86363)

(3) change the agency's organization or structure as necessary to alleviate the conditions that caused the conservatorship; and (86364)

(4) contract with persons for management or administrative services necessary to effect the conservatorship. (86365)

(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). (86366)

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. (86367)

Sec. 2104.024. REPORT. (86368)(1-click HTML)

(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. (86369)

(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. (86370)

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. (86371)

Sec. 2104.025. DURATION OF CONSERVATORSHIP. (86372)(1-click HTML)

A conservatorship under this subchapter continues until the earlier of: (86373)

(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 (86374)

(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. (86375)

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. (86376)

SUBCHAPTER D. CONSERVATORSHIP OF PUBLIC JUNIOR COLLEGES (86377)(1-click HTML)
Sec. 2104.031. MISMANAGEMENT FINDING; CONSERVATORSHIP ORDER. (86378)(1-click HTML)

(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. (86379)

(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. (86380)

(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. (86381)

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. (86382)

Sec. 2104.032. REPORTS. (86383)(1-click HTML)

A conservator shall file the reports relating to public junior colleges required by Section 2104.024 with the Texas Higher Education Coordinating Board. (86384)

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. (86385)

Sec. 2104.033. DURATION OF CONSERVATORSHIP. (86386)(1-click HTML)

A conservatorship of a public junior college under this subchapter continues until the earlier of: (86387)

(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 (86388)

(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. (86389)

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. (86390)

CHAPTER 2105. ADMINISTRATION OF BLOCK GRANTS (86391)(1-click HTML)
Sec. 2105.001. DEFINITIONS. (86392)(1-click HTML)

In this chapter: (86393)

(1) "Agency" means: (86394)

(A) the Health and Human Services Commission; (86395)

(B) the Department of State Health Services; (86396)

(C) the Texas Department of Housing and Community Affairs; (86397)

(D) the Texas Education Agency; (86398)

(E) the Department of Aging and Disability Services; or (86399)

(F) any other commission, board, department, or state agency designated to receive block grant funds. (86400)

(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). (86401)

(3) "Program" means an activity designed to deliver services or benefits provided by state or federal law. (86402)

(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: (86403)

(A) a local government unit; (86404)

(B) a council of government; (86405)

(C) a community action agency; or (86406)

(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.). (86407)

(5) "Recipient" means an individual or a class of individuals who receives services or benefits available through block grants. (86408)

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. (86409)

Amended by: (86410)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.278, eff. April 2, 2015. (86411)

Sec. 2105.002. COMBINATION OF PROGRAMS NOT INTENDED TO REDUCE SERVICES. (86412)(1-click HTML)

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. (86413)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86414)

Amended by: (86415)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.279, eff. April 2, 2015. (86416)

Sec. 2105.003. CHANGE IN FEDERAL LAW OR REGULATION. (86417)(1-click HTML)

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. (86418)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86419)

Sec. 2105.004. DISCRIMINATION PROHIBITED. (86420)(1-click HTML)

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. (86421)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86422)

Sec. 2105.005. PRIORITY TO POVERTY PROGRAMS. (86423)(1-click HTML)

(a) An agency should give priority to programs that remedy the causes and cycle of poverty if: (86424)

(1) the alleviation of poverty is a purpose of the block grant; and (86425)

(2) the agency has discretion over the types of programs that may be funded with the block grant. (86426)

(b) In administering a block grant, an agency shall consult: (86427)

(1) low-income recipients; (86428)

(2) low-income intended recipients; and (86429)

(3) organizations representing low-income individuals. (86430)

(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. (86431)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86432)

Amended by: (86433)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.280, eff. April 2, 2015. (86434)

Sec. 2105.006. AGENCY AUDITS. (86435)(1-click HTML)

(a) An agency's expenditure of block grant funds is subject to audit by the state auditor in accordance with Chapter 321. (86436)

(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. (86437)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86438)

Sec. 2105.007. PROVIDER AUDITS. (86439)(1-click HTML)

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. (86440)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86441)

Sec. 2105.008. UNIFORM MANAGEMENT. (86442)(1-click HTML)

Chapter 783 applies to agencies and providers for the purpose of block grant administration. (86443)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86444)

Sec. 2105.009. PRIMARY CARE BLOCK GRANT. (86445)(1-click HTML)

(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. (86446)

(b) In administering the primary care block grant, the department may: (86447)

(1) receive the primary care block grant funds on behalf of the state; (86448)

(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; (86449)

(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 (86450)

(4) perform other activities necessary to administer the primary care block grant. (86451)

(b-1) The executive commissioner of the Health and Human Services Commission may adopt necessary rules for administering the primary care block grant. (86452)

(c) In this section: (86453)

(1) "Community health center" has the meaning assigned by 42 U.S.C. Section 254c(a), as that law existed on April 23, 1986. (86454)

(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. (86455)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86456)

Amended by: (86457)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.281, eff. April 2, 2015. (86458)

SUBCHAPTER B. DEVELOPMENT OF PLAN; PUBLIC INFORMATION (86459)(1-click HTML)
Sec. 2105.051. DEFINITION. (86460)(1-click HTML)

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. (86461)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86462)

Sec. 2105.052. CONTENTS OF PLAN. (86463)(1-click HTML)

A plan must describe: (86464)

(1) major changes in policy for each program; (86465)

(2) the extent of anticipated reductions or increases in services under the block grant; and (86466)

(3) the nature of any fees a recipient must pay to receive services funded under the block grant. (86467)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86468)

Sec. 2105.053. PUBLIC HEARINGS ON INTENDED USE OF FUNDS. (86469)(1-click HTML)

(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. (86470)

(b) An agency must conduct at least two of the hearings required by this section after normal agency working hours. (86471)

(c) An agency may hold a hearing required by this section in conjunction with: (86472)

(1) another agency without regard to whether the block grants administered by the agencies are for different purposes; or (86473)

(2) the governor's office. (86474)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86475)

Sec. 2105.054. NOTICE OF HEARING. (86476)(1-click HTML)

(a) An agency shall: (86477)

(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; (86478)

(2) post the notice in a conspicuous place in each agency office; (86479)

(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; (86480)

(4) maintain lists of interested persons; (86481)

(5) mail notices of hearings to interested persons; and (86482)

(6) conduct other activities necessary to promote public participation in the public hearing. (86483)

(b) A notice prepared under this section must be printed in English and Spanish. (86484)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86485)

Sec. 2105.055. PUBLIC COMMENTS. (86486)(1-click HTML)

(a) An agency shall summarize, in a fair manner, the types of public comments received by the agency during public hearings regarding a plan. (86487)

(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. (86488)

(c) An agency shall distribute the summary of public comments and the responses to the comments as part of the plan and shall: (86489)

(1) have the summary and response published in the Texas Register; and (86490)

(2) make the summary and response available to the public. (86491)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86492)

Sec. 2105.056. PUBLIC INFORMATION. (86493)(1-click HTML)

(a) An agency shall publish information for the public: (86494)

(1) describing the manner in which the agency's staff develops preliminary options for the use of block grants; and (86495)

(2) stating the period in which the preliminary work is usually performed. (86496)

(b) An agency shall undertake public information activities necessary to ensure that recipients and intended recipients are informed of the availability of services and benefits. (86497)

(c) Information published under this section must be printed in English and Spanish. (86498)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86499)

Sec. 2105.057. CONSULTATION ACTIVITIES. (86500)(1-click HTML)

(a) An agency shall consult interested members of the public to assist the agency in developing preliminary staff recommendations on the use of block grant funds. (86501)

(b) During preparation or amendment of a plan, an agency shall consult: (86502)

(1) affected groups, including local governments, charitable organizations, and businesses that provide or fund services similar to the services that may be provided by the agency under the block grant; and (86503)

(2) any state advisory or coordinating council that has responsibility over programs similar to the programs that may be provided under the block grant. (86504)

(c) An agency that is authorized to approve the allocation of more than $10 million in block grant funds in a year by a discretionary manner other than an objective formula required by federal law shall provide that the consultation required by Subsections (a) and (b)(1) must occur in each of the agency's regions. (86505)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86506)

Sec. 2105.058. PUBLIC HEARING BY CERTAIN PROVIDERS. (86507)(1-click HTML)

(a) This section applies to a provider that receives more than $5,000 in block grant funds to be used as the provider determines appropriate. (86508)

(b) Annually, a provider shall submit evidence to the agency that a public meeting or hearing was held in a timely manner solely to seek public comment on the needs or uses of block grant funds received by the provider. (86509)

(c) A provider may hold a meeting or hearing under Subsection (b) in conjunction with another meeting or hearing of the provider if the meeting or hearing to consider block grant funds is clearly noted in an announcement of the other meeting or hearing. (86510)

(d) An agency's rules may require a provider to undertake other reasonable efforts to seek public participation. (86511)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86512)

Amended by: (86513)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.282, eff. April 2, 2015. (86514)

Sec. 2105.059. AVAILABILITY OF RULES AND ELIGIBILITY REQUIREMENTS. (86515)(1-click HTML)

An agency shall maintain for public inspection in each office: (86516)

(1) the rules and eligibility requirements relating to the administration of block grant funds; and (86517)

(2) a digest or index to rules and decisions. (86518)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86519)

SUBCHAPTER C. COMPLAINTS (86520)(1-click HTML)
Sec. 2105.101. PUBLICATION OF PROCEDURES. (86521)(1-click HTML)

An agency shall distribute publications that describe: (86522)

(1) the block grant programs administered by the agency; and (86523)

(2) how to make public comments and complaints about the quality of services funded by the block grant. (86524)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86525)

Sec. 2105.102. INVESTIGATION. (86526)(1-click HTML)

(a) An agency shall have a procedure for investigating complaints about the programs funded by a block grant. (86527)

(b) Before the 31st day after the date on which the complaint is received, the agency shall: (86528)

(1) complete the investigation; or (86529)

(2) notify the complainant when the investigation can be completed, if the investigation cannot be completed within the period provided by this subsection. (86530)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86531)

Sec. 2105.103. NOTICE TO PROVIDER; RESPONSE. (86532)(1-click HTML)

(a) An agency shall inform a provider of any complaint received concerning the provider's services. (86533)

(b) An agency shall give a provider a reasonable time to respond to a complaint. (86534)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86535)

Sec. 2105.104. USE OF COMPLAINTS; ANNUAL SUMMARY. (86536)(1-click HTML)

(a) An agency shall use the complaint system to monitor and ensure compliance with applicable federal and state law. (86537)

(b) An agency shall consider the history of complaints regarding a provider in determining whether to renew a contract or subgrant for the use of block grant funds by the provider. (86538)

(c) An agency shall summarize annually the types of complaints received by the agency. (86539)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86540)

SUBCHAPTER D. DENIAL OF SERVICES OR BENEFITS (86541)(1-click HTML)
Sec. 2105.151. RIGHT TO REQUEST HEARING ON DENIAL OF SERVICES OR BENEFITS. (86542)(1-click HTML)

Except as provided by Section 2001.223(1), an affected person who alleges that a provider or an agency has denied all or part of a service or benefit funded by block grant funds in a manner that is unjust, discriminatory, or without reasonable basis in law or fact may request an administrative hearing under Chapter 2001. (86543)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86544)

Sec. 2105.152. HEALTH AND HUMAN SERVICES COMMISSION PROCEDURES FOR FAIR HEARING. (86545)(1-click HTML)

The Health and Human Services Commission shall use procedures for conducting a fair hearing under this subchapter. (86546)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86547)

Amended by: (86548)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.283, eff. April 2, 2015. (86549)

Sec. 2105.153. HEARING ON DENIAL OF SERVICES OR BENEFITS BY AGENCY. (86550)(1-click HTML)

(a) An agency administering block grant funds shall conduct a timely hearing on the denial of a service or benefit by the agency. (86551)

(b) On determining that services were wrongfully denied, an agency shall take appropriate action to correct the practices or procedures of the agency. (86552)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86553)

Sec. 2105.154. HEARING ON DENIAL OF SERVICES OR BENEFITS BY PROVIDER. (86554)(1-click HTML)

(a) The agency that provides block grant funds to a provider shall conduct a timely hearing on the denial of a service or benefit by the provider. (86555)

(b) A hearing under this section must be held in the locality served by the provider. (86556)

(c) On determining that services were wrongfully denied, an agency shall take appropriate action to correct the practices or procedures of the provider. (86557)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86558)

SUBCHAPTER E. NONRENEWAL OR REDUCTION OF BLOCK GRANT FUNDS OF SPECIFIC PROVIDER (86559)(1-click HTML)
Sec. 2105.201. APPLICATION OF SUBCHAPTER; EXCEPTION. (86560)(1-click HTML)

(a) This subchapter applies if: (86561)

(1) an agency reduces a provider's block grant funding by 25 percent or more; and (86562)

(2) the agency provides the block grant funds to another provider in the same geographic area to provide similar services. (86563)

(b) This subchapter does not apply if a provider's block grant funding becomes subject to the agency's competitive bidding rules requiring the agency to invite bids for competitive evaluation. (86564)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86565)

Sec. 2105.202. RULES; CONSIDERATIONS. (86566)(1-click HTML)

(a) The individual or entity responsible for adopting rules for an agency shall adopt specific rules for the agency that define good cause for nonrenewal of a provider's contract or reduction of a provider's funding. (86567)

(b) In deciding whether to renew a provider's contract or to reduce a provider's funding, an agency shall consider: (86568)

(1) the effectiveness of services rendered by various providers; (86569)

(2) the cost efficiency of programs undertaken by each provider; (86570)

(3) the extent to which the services of each provider meet the needs of groups or classes of individuals who are poor or underprivileged or have a disability; (86571)

(4) the degree to which services can be provided by other programs in that area; (86572)

(5) the extent to which recipients are involved in the providers' decision making; and (86573)

(6) the need to provide services in the state without discrimination as to race, religion, or geographic region. (86574)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86575)

Amended by: (86576)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.284, eff. April 2, 2015. (86577)

Sec. 2105.203. NOTICE TO PROVIDER OF REDUCTION. (86578)(1-click HTML)

Not later than the 30th day before the date on which block grant funds are reduced, an agency shall send a provider a written statement specifying the reason for reducing the funding. (86579)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86580)

Sec. 2105.204. HEARING ON REDUCTION OF FUNDING. (86581)(1-click HTML)

(a) After receiving notice that block grant funds are to be reduced as provided by Section 2105.203, a provider may request an administrative hearing under Chapter 2001 if the provider alleges that a reduction of funding: (86582)

(1) violates the rules adopted under Section 2105.202(a); (86583)

(2) is discriminatory; or (86584)

(3) is without reasonable basis in law or fact. (86585)

(b) Not later than the 30th day after the date the request is received, the agency shall conduct a hearing to determine whether the funding should be reduced. The agency and the provider may agree to postpone the hearing. (86586)

(c) An agency shall hold at least one session of the hearing in the locality served by the provider and shall hear local public comment on the matter at that time if requested to do so by: (86587)

(1) a local elected official; or (86588)

(2) an organization with 25 or more members. (86589)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86590)

Sec. 2105.205. INTERIM CONTRACT PENDING HEARING. (86591)(1-click HTML)

If a provider requests an administrative hearing under Section 2105.204, the agency may enter into an interim contract with the provider or another provider for the services formerly provided by the provider while administrative or judicial proceedings are pending. (86592)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86593)

SUBCHAPTER F. REDUCTION OF BLOCK GRANT FUNDS FOR GEOGRAPHIC AREA (86594)(1-click HTML)
Sec. 2105.251. APPLICATION OF SUBCHAPTER; EXCEPTION. (86595)(1-click HTML)

(a) This subchapter applies if: (86596)

(1) an agency reduces a provider's block grant funding by 25 percent or more; and (86597)

(2) the agency does not provide the block grant funds to another provider in the same geographic area. (86598)

(b) This subchapter does not apply if the provider received block grant funds for a specified period under a competitive evaluation of proposals. (86599)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86600)

Sec. 2105.252. NOTICE TO PROVIDER. (86601)(1-click HTML)

Not later than the 30th day before the date on which the block grant funds are to be reduced, an agency shall send a provider a written statement specifying the reason for reducing the funding. The statement must be sent to the provider so that the provider has sufficient time to participate in public hearings and consultation proceedings provided by Subchapter B. (86602)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86603)

Sec. 2105.253. RULES; CONSIDERATIONS. (86604)(1-click HTML)

The rules adopted under Section 2105.202(a) and the considerations provided by Section 2105.202(b) apply to a reduction of block grant funds under this subchapter. (86605)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86606)

SUBCHAPTER G. TERMINATION OF BLOCK GRANT FUNDS (86607)(1-click HTML)
Sec. 2105.301. NOTICE TO PROVIDER. (86608)(1-click HTML)

An agency that proposes to terminate block grant funds of a provider that has violated the terms of a contract or grant shall send the provider a written statement specifying the reasons for the termination not later than the 31st day before the termination date. (86609)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86610)

Sec. 2105.302. HEARING. (86611)(1-click HTML)

(a) After receiving notice of termination of a contract or subgrant from block grant funds, a provider may request an administrative hearing under Chapter 2001. (86612)

(b) Not later than the 30th day after the date the request is received, the agency shall conduct a hearing to determine whether the funding should be terminated. The agency and the provider may agree to postpone the hearing. (86613)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86614)

SUBCHAPTER H. JUDICIAL REVIEW (86615)(1-click HTML)
Sec. 2105.351. JUDICIAL REVIEW. (86616)(1-click HTML)

A party to a hearing under Subchapter D, E, F, or G may seek judicial review of the agency's action as provided by Subchapter G, Chapter 2001. (86617)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86618)

CHAPTER 2106. INDIRECT COST RECOVERY PROGRAM (86619)(1-click HTML)
Sec. 2106.001. DEFINITIONS. (86620)(1-click HTML)

In this chapter: (86621)

(1) "Federally reimbursable indirect cost" means a cost, as defined by Office of Management and Budget Circular No. A-87 or a subsequent revision of or successor to that circular, that is: (86622)

(A) incurred by a state agency in support of a federally funded program, other than a research program funded by a federal grant at an institution of higher education; and (86623)

(B) eligible for reimbursement from the federal government. (86624)

(2) "Indirect cost" means the cost of administering a state or federally funded program and includes a cost of providing a statewide support service. The term does not include the actual costs of the program. (86625)

(3) "State agency" means a department, board, commission, or other entity in the executive branch of state government that has statewide jurisdiction and administers a program to provide a service to the public or to regulate persons engaged in an occupation or activity. (86626)

(4) "Support service" includes accounting, auditing, budgeting, centralized purchasing, and legal services. (86627)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86628)

Sec. 2106.002. STATEWIDE COST ALLOCATION PLAN. (86629)(1-click HTML)

(a) The office of the governor shall prepare annually a statewide cost allocation plan. (86630)

(b) The plan must: (86631)

(1) identify the costs of providing statewide support services to each state agency; (86632)

(2) allocate to each state agency an appropriate portion of the total costs of statewide support services, including costs identified under Subdivision (1); (86633)

(3) identify, to the extent possible, the amount of federally reimbursable indirect costs in each allocated portion; and (86634)

(4) develop and prescribe a billing procedure that ensures each state agency is billed for all costs allocated to the agency under Subdivision (2) for which the agency is not obligated to pay another state agency under other law. (86635)

(c) The office of the governor shall distribute a copy of the plan to each state agency. (86636)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 419, Sec. 1, eff. Sept. 1, 2001. (86637)

Sec. 2106.003. AGENCY INDIRECT COST RECOVERY PLAN. (86638)(1-click HTML)

(a) A state agency that receives federal money or charges a fee for a service it provides shall prepare annually an indirect cost recovery plan. (86639)

(b) The plan must include proposals to recover the indirect costs of the agency's programs, including the portion of statewide support service costs allocated to the agency under the statewide cost allocation plan. (86640)

(c) A state agency that receives federal money shall also prepare a separate schedule indicating its federally reimbursable indirect costs. (86641)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86642)

Sec. 2106.004. TECHNICAL ASSISTANCE. (86643)(1-click HTML)

The office of the governor shall provide to a state agency on request technical assistance for developing the agency's indirect cost recovery plan. (86644)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86645)

Sec. 2106.005. AGENCY RECOVERY OF INDIRECT COSTS. (86646)(1-click HTML)

A state agency shall implement its indirect cost recovery plan by: (86647)

(1) applying for reimbursement for federally reimbursable indirect costs; and (86648)

(2) when permitted by law, setting fees and billing rates at amounts sufficient to recover the indirect costs of the agency. (86649)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86650)

Sec. 2106.006. GENERAL REVENUE FUND REIMBURSEMENT. (86651)(1-click HTML)

(a) Subject to Subsection (c), a state agency shall send to the comptroller for deposit to the credit of the general revenue fund: (86652)

(1) the amount of federal money received by the agency for federally reimbursable indirect costs to the extent that the indirect costs are statewide allocated costs for which the agency is billed under Section 2106.002(b); (86653)

(2) the amount the agency has received in fees: (86654)

(A) that in accordance with Section 2106.005(2) should be accounted for as payment for the cost of providing statewide support services to the agency; and (86655)

(B) to the extent the agency is billed for those amounts under Section 2106.002(b); and (86656)

(3) any remaining amounts still necessary to pay the amount billed under Section 2106.002(b). (86657)

(b) Subject to Subsection (c), to the extent the amount billed under Section 2106.002(b) is not totally paid under Subsections (a)(1) and (a)(2), the comptroller shall transfer to the general revenue fund the appropriate amount charged against items of appropriation in connection with which the remaining unpaid statewide allocated costs were incurred. (86658)

(c) The legislature may provide in the General Appropriations Act that payment of the amount billed under Section 2106.002(b) is waived to the extent payment would be made from a state agency's general revenue appropriation. (86659)

(d) A state agency shall send to the comptroller information the comptroller requires to transfer amounts under Subsection (b). (86660)

(e) The comptroller shall adopt rules necessary to prescribe: (86661)

(1) the timing and method of transfers under this section; and (86662)

(2) the manner in which a state agency shall send to the comptroller information the comptroller requires to transfer amounts under Subsection (b). (86663)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.63, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 419, Sec. 2, eff. Sept. 1, 2001. (86664)

Sec. 2106.007. APPROPRIATION OF FEDERALLY REIMBURSED INDIRECT COSTS. (86665)(1-click HTML)

(a) The legislature may appropriate to a state agency for any purpose the amount of federal money the agency is estimated to receive for federally reimbursable indirect costs during a fiscal biennium. (86666)

(b) The appropriation for a state agency may include the amount of federal money for federally reimbursable indirect costs that the agency recovers during a fiscal biennium that exceeds the estimated amount. (86667)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (86668)

Sec. 2106.008. INDIRECT COSTS ASSOCIATED WITH CERTAIN TEXAS DEPARTMENT OF TRANSPORTATION AGREEMENTS. (86669)(1-click HTML)

The executive director of the Texas Department of Transportation may waive the application of this chapter to indirect costs of the department associated with an agreement entered into by the department with another agency of this state or a local governmental entity if the agreement relates to: (86670)

(1) the development of a transportation project; or (86671)

(2) a program administered by the department. (86672)

  

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