CHAPTER 322. LEGISLATIVE BUDGET BOARD

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Government-code > Title-3-legislative-branch > Chapter-322-legislative-budget-board

GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE C. LEGISLATIVE AGENCIES AND OVERSIGHT COMMITTEES

CHAPTER 322. LEGISLATIVE BUDGET BOARD

Sec. 322.001. MEMBERSHIP. (a) The Legislative Budget Board

consists of:

(1) the lieutenant governor;

(2) the speaker of the house of representatives;

(3) the chairman of the senate finance committee;

(4) the chairman of the house appropriations committee;

(5) the chairman of the house ways and means committee;

(6) three members of the senate appointed by the lieutenant

governor; and

(7) two other members of the house appointed by the speaker.

(b) The lieutenant governor and the speaker are joint chairs of

the board.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2003, 78th Leg., ch. 1328, Sec. 5, eff. June 21,

2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.03, eff. Jan.

11, 2004.

Sec. 322.003. QUORUM; MEETINGS. (a) A majority of the members

of the board from each house constitutes a quorum to transact

business. If a quorum is present, the board may act on any matter

that is within its jurisdiction by a majority vote.

(b) The board shall meet as often as necessary to perform its

duties. Meetings may be held at any time at the request of either

of the joint chairs of the board or on written petition of a

majority of the members of the board from each house.

the members of the board from each house agree, the board may

meet in any location determined by the board.

(d) As an exception to Chapter 551 and other law, if a meeting

is located in Austin and the joint chairs of the board are

physically present at the meeting, then any number of the other

members of the board may attend the meeting by use of telephone

conference call, video conference call, or other similar

telecommunication device. This subsection applies for purposes

of constituting a quorum, for purposes of voting, and for any

other purpose allowing a member of the board to otherwise fully

participate in any meeting of the board. This subsection applies

without exception with regard to the subject of the meeting or

topics considered by the members.

(e) A meeting held by use of telephone conference call, video

conference call, or other similar telecommunication device:

(1) is subject to the notice requirements applicable to other

meetings;

(2) must specify in the notice of the meeting the location in

Austin of the meeting at which the joint chairs will be

physically present;

(3) must be open to the public and shall be audible to the

public at the location in Austin specified in the notice of the

meeting as the location of the meeting at which the joint chairs

will be physically present; and

(4) must provide two-way audio communication between all members

of the board attending the meeting during the entire meeting, and

if the two-way audio communication link with any member attending

the meeting is disrupted at any time, the meeting may not

continue until the two-way audio communication link is

reestablished.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 4.01,

6.04, eff. Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

741, Sec. 3, eff. June 17, 2005.

Sec. 322.004. DIRECTOR. (a) The board shall appoint a director

to serve at the pleasure of the board. The director is

accountable only to the board.

(b) The director may make recommendations and, when the board

specifically requests, shall make recommendations on a matter

before the board relating to a function or duty of any state

institution, department, agency, officer, or employee.

board.

(d) The board shall set the salary of the director.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 322.005. PERSONNEL. (a) The director may employ personnel

as necessary to perform the functions of the board.

(b) The director shall set the salaries of the personnel

employed by the director.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

741, Sec. 4, eff. June 17, 2005.

Sec. 322.007. ESTIMATES AND REPORTS. (a) Each institution,

department, agency, officer, employee, or agent of the state

shall submit any estimate or report relating to appropriations

requested by the board or under the board's direction.

(b) Each estimate or report shall be submitted at a time set by

the board and in the manner and form prescribed by board rules.

addition to an estimate or report required by other law,

including those estimates or reports relating to appropriations

required by Chapter 401.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(10), eff.

Sept. 1, 1995.

Sec. 322.008. APPROPRIATIONS BILL. (a) The director, under the

direction of the board, shall prepare the general appropriations

bill for introduction at each regular legislative session.

(b) The general appropriations bill may include for purposes of

information the funding elements computed by the Legislative

Budget Board under Section 42.007, Education Code, excluding the

values for each school district calculated under Section

42.007(c)(2), Education Code. If the funding elements are

included, the funding elements under Section 42.007(c)(3),

Education Code, shall be reported in dollar amounts per pupil.

session convenes, the director shall transmit a copy of the

budget of estimated appropriations prepared by the director to

the governor and each member of the legislature.

(d) Not later than the seventh day after a regular legislative

session convenes, the director shall transmit a copy of the

general appropriations bill to the governor and each member of

the legislature.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1990, 71st Leg., 6th C.S., ch. 1, Sec. 1.19, eff.

Sept. 1, 1990; Acts 1997, 75th Leg., ch. 165, Sec. 6.12, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1071, Sec. 26, eff.

Sept. 1, 1997.

Sec. 322.009. INSPECTION COMMITTEES. Either of the joint chairs

of the board, with the approval of the board, may appoint a

committee to visit, inspect, and report on any state institution,

department, agency, officer, or employee.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.06, eff.

Jan. 11, 2004.

Sec. 322.010. INSPECTIONS AND HEARINGS. (a) The board or an

employee under the direction of the board may inspect the

property, equipment, and facilities of a state department or

agency for which an appropriation is to be made and may inspect

all accounts and general and local funds.

(b) An inspection performed under Subsection (a) may be made

either before or after an estimate required under Section 322.007

has been submitted.

required under Section 322.007 and any information gathered under

Subsection (a).

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 322.011. PERFORMANCE AUDITS AND REPORTS. (a) The board

shall establish a system of performance audits and evaluations

designed to provide a comprehensive and continuing review of the

programs and operations of each state institution, department,

agency, or commission.

(b) The board may evaluate the programs and operations of any

institution, department, agency, or commission that received an

appropriation in the most recent General Appropriations Act or is

a state agency. An institution, department, agency, or commission

may not be evaluated until after the end of the first full fiscal

year of its operation.

legislature meets in regular session, the board shall make a

performance report to the legislature.

(d) The report shall analyze the operational efficiency and

program performance of each institution, department, agency, and

commission evaluated. The report shall explicitly state the

statutory function each entity is to perform and how, in terms of

unit-cost measurement, work load efficiency data, and program

output standards established by the board, these statutory

functions are being accomplished.

(e) The performance report shall be published in the form

prescribed by the board.

(f) The director, with the approval of the board, shall appoint

an assistant director for program evaluation. The assistant

director shall report to and be responsible to the director.

(g) The director shall employ sufficient personnel to carry out

the provisions of this section.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 963, Sec. 1, eff. Aug. 30,

1993.

Sec. 322.012. GIFTS AND GRANTS. (a) The board may accept

gifts, grants, and donations from any organization described in

Section 501(c)(3) of the Internal Revenue Code for the purpose of

funding any activity under this chapter.

(b) All gifts, grants, and donations must be accepted in an open

meeting by a majority of the voting members of the board and

reported in the public record of the board with the name of the

donor and purpose of the gift, grant, or donation.

Added by Acts 1987, 70th Leg., ch. 617, Sec. 3, eff. Sept. 1,

1987.

Sec. 322.013. REVIEW OF EDUCATIONAL POLICY IMPLEMENTATION. (a)

The standing committees of the senate and house of

representatives with primary jurisdiction over the public school

system shall oversee and review the implementation of legislative

education policy by state agencies that have the statutory duty

to implement that policy, including policy relating to:

(1) fiscal matters;

(2) academic expectations; and

(3) evaluation of program cost-effectiveness.

(b) The committees shall periodically review the actions or

proposed actions of the State Board of Education for the purpose

of ensuring compliance with legislative intent. If a committee

determines that any action or proposed action of the State Board

of Education conflicts with legislative educational policy, the

committee shall submit its comments on the conflict to the State

Board of Education in writing. If a committee determines that a

final action of the board conflicts with the intent of

legislative educational policy, the committee may:

(1) request additional information from the State Board of

Education relating to the intent of the board's action;

(2) request a joint meeting with the State Board of Education to

discuss the conflict between the action and legislative

educational policy;

(3) request that the State Board of Education reconsider its

action; or

(4) notify the governor, lieutenant governor, speaker of the

house, and the legislature of the conflict presented.

section.

(d) For purposes of carrying out its duties, the board may

administer oaths and issue subpoenas, signed by either of the

joint chairs of the board, to compel the attendance of witnesses

and the production of books, records, and documents. A subpoena

of the board shall be served by a peace officer in the manner in

which district court subpoenas are served. On application of the

board, a district court of Travis County shall compel compliance

with a subpoena issued by the board in the same manner as for

district court subpoenas.

Added by Acts 1993, 73rd Leg., ch. 520, Sec. 24, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.

6.07, eff. Jan. 11, 2004.

Sec. 322.014. REPORT ON MAJOR INVESTMENT FUNDS. (a) In this

section, "state investment fund" means any investment fund

administered by or under a contract with any state governmental

entity, including a fund:

(1) established by statute or by the Texas Constitution; or

(2) administered by or under a contract with:

(A) a public retirement system as defined by Section 802.001

that provides service retirement, disability retirement, or death

benefits for officers or employees of the state;

(B) an institution of higher education as defined by Section

61.003, Education Code; or

(b) The board shall evaluate and publish an annual report on the

risk-adjusted performance of each state investment fund that in

the opinion of the board contains a relatively large amount of

assets belonging to or administered by the state. The board in

its report shall:

(1) compare the risk-adjusted performance of the funds; and

(2) examine the risk-adjusted performance, within and among the

funds, of similar asset classes and comparable portfolios within

asset classes.

investment fund and each person that administers a state

investment fund under contract shall provide the board with the

information the board requests regarding the performance of the

fund.

(d) The board shall publish the annual report in a format and

using terminology that a person without technical investment

expertise can understand.

Added by Acts 2001, 77th Leg., ch. 1410, Sec. 1, eff. June 16,

2001.

Sec. 322.015. REVIEW OF INTERSCHOLASTIC COMPETITION. The board

may periodically review and analyze the effectiveness and

efficiency of the policies, management, fiscal affairs, and

operations of an organization that is a component or part of a

state agency or institution and that sanctions or conducts

interscholastic competition. The board shall report the findings

to the governor and the legislature. The legislature may consider

the board's reports in connection with the legislative

appropriations process.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.09, eff.

Jan. 11, 2004.

Sec. 322.016. PERFORMANCE REVIEW OF SCHOOL DISTRICTS. (a) The

board may periodically review the effectiveness and efficiency of

the operations of school districts, including the district's

expenditures for its officers' and employees' travel services. A

review of a school district may be initiated by the board at its

discretion or on the request of the school district. A review may

be initiated by a school district only by resolution adopted by a

majority of the members of the board of trustees of the district.

(b) If a review is initiated on the request of the school

district, the district shall pay 25 percent of the cost incurred

in conducting the review.

(1) prepare a report showing the results of each review

conducted under this section;

(2) file the report with the school district, the governor, the

lieutenant governor, the speaker of the house of representatives,

the chairs of the standing committees of the senate and the house

of representatives with jurisdiction over public education, and

the commissioner of education; and

(3) make the entire report and a summary of the report available

to the public on the Internet.

(d) Until the board has completed a review under this section,

all information, documentary or otherwise, prepared or maintained

in conducting the review or preparing the review report,

including intra-agency and interagency communications and drafts

of the review report or portions of those drafts, is excepted

from required public disclosure as audit working papers under

Section 552.116. This subsection does not affect whether

information described by this subsection is confidential or

excepted from required public disclosure under a law other than

Section 552.116.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.09, eff.

Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

741, Sec. 5, eff. June 17, 2005.

Sec. 322.0165. PERFORMANCE REVIEW OF INSTITUTIONS OF HIGHER

EDUCATION. (a) In this section, "public junior college" and

"general academic teaching institution" have the meanings

assigned by Section 61.003, Education Code.

(b) The board may periodically review the effectiveness and

efficiency of the budgets and operations of:

(1) public junior colleges; and

(2) general academic teaching institutions.

at the request of:

(1) the governor; or

(2) the public junior college or general academic teaching

institution.

(d) A review may be initiated by a public junior college or

general academic teaching institution only at the request of the

president of the college or institution or by a resolution

adopted by a majority of the governing body of the college or

institution.

(e) If a review is initiated by a public junior college or

general academic teaching institution, the college or institution

shall pay 25 percent of the cost incurred in conducting the

review.

(f) The board shall:

(1) prepare a report showing the results of each review

conducted under this section;

(2) file the report with:

(A) the chief executive officer of the public junior college or

general academic teaching institution that is the subject of the

report; and

(B) the governor, the lieutenant governor, the speaker of the

house of representatives, the chairs of the standing committees

of the senate and of the house of representatives with primary

jurisdiction over higher education, and the commissioner of

higher education; and

(3) make the entire report and a summary of the report available

to the public on the Internet.

(g) Until the board has completed a review under this section,

all information, documentary or otherwise, prepared or maintained

in conducting the review or preparing the review report,

including intra-agency and interagency communications and drafts

of the review report or portions of those drafts, is excepted

from required public disclosure as audit working papers under

Section 552.116. This subsection does not affect whether

information described by this subsection is confidential or

excepted from required public disclosure under a law other than

Section 552.116.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.09, eff.

Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

741, Sec. 6, eff. June 17, 2005.

Sec. 322.017. EFFICIENCY REVIEW OF STATE AGENCIES. (a) In this

section, "state agency" has the meaning assigned by Section

2056.001.

(b) The board periodically may review and analyze the

effectiveness and efficiency of the policies, management, fiscal

affairs, and operations of state agencies.

analysis to the governor and the legislature.

(d) The legislature may consider the board's reports in

connection with the legislative appropriations process.

(e) Until the board has completed a review and analysis under

this section, all information, documentary or otherwise, prepared

or maintained in conducting the review and analysis or preparing

the review report, including intra-agency and interagency

communications and drafts of the review report or portions of

those drafts, is excepted from required public disclosure as

audit working papers under Section 552.116. This subsection does

not affect whether information described by this subsection is

confidential or excepted from required public disclosure under a

law other than Section 552.116.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.09, eff.

Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

741, Sec. 7, eff. June 17, 2005.

Sec. 322.018. RECORDS MANAGEMENT REVIEW. (a) In this section,

"state agency" has the meaning assigned by Section 2056.001.

(b) The board may periodically review and analyze the

effectiveness and efficiency of the policies and management of a

state governmental committee or state agency that is involved in:

(1) analyzing and recommending improvements to the state's

system of records management; and

(2) preserving the essential records of this state, including

records relating to financial management information.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.09, eff.

Jan. 11, 2004.

Sec. 322.019. CRIMINAL JUSTICE POLICY ANALYSIS. (a) The board

may develop and perform functions to promote a more effective and

cohesive state criminal justice system.

(b) The board may serve as the statistical analysis center for

the state and as the liaison for the state to the United States

Department of Justice on criminal justice issues of interest to

the state and federal government relating to data, information

systems, and research if an executive branch agency or

institution of higher education is not designated by the governor

to perform those functions.

speaker of the house of representatives, and the presiding

officer of each standing committee of the senate and house of

representatives having primary jurisdiction over matters relating

to criminal justice and state finance or appropriations from the

state treasury.

(d) The Department of Public Safety, the Texas Department of

Criminal Justice, the Texas Juvenile Probation Commission, and

the Texas Youth Commission shall provide the board with data

relating to a criminal justice policy analysis under this section

in the manner requested.

Added by Acts 2005, 79th Leg., Ch.

741, Sec. 8, eff. June 17, 2005.

Sec. 322.020. MAJOR CONTRACTS DATABASE. (a) In this section,

"major contract" means:

(1) a contract for which notice is required under one of the

following sections:

(A) Section 2054.008;

(B) Section 2166.2551;

(D) Section 2254.0301; or

(2) a contract, including an amendment, modification, renewal,

or extension:

(A) for which notice is not required under a section listed in

Subdivision (1);

(B) that is not a purchase order, an interagency contract, or a

contract paid only with funds not appropriated by the General

Appropriations Act; and

(b) Each state agency shall provide the Legislative Budget Board

copies of the following documents:

(1) each major contract entered into by the agency; and

(2) each request for proposal, invitation to bid, or comparable

solicitation related to the major contract.

(1) each major contract of a state agency; and

(2) each request for proposal, invitation to bid, or comparable

solicitation related to the major contract.

(d) The Legislative Budget Board shall allow public access to

the information posted under this section, except for information

that is not subject to disclosure under Chapter 552. Information

that is not subject to disclosure under Chapter 552 must be

referenced in an appendix that generally describes the

information without disclosing the specific content of the

information.

(e) The Legislative Budget Board shall make the information

searchable by contract value, state agency, and vendor. The

Legislative Budget Board may make the information searchable by

other subjects as appropriate.

(f) In this section, "state agency" has the meaning assigned by

Section 2054.003, except that the term does not include a

university system or institution of higher education, the Health

and Human Services Commission, an agency identified in Section

531.001(4), or the Texas Department of Transportation.

Added by Acts 2005, 79th Leg., Ch.

469, Sec. 3, eff. June 17, 2005.

Redesignated from Government Code, Section 2177.052 and amended

by Acts 2007, 80th Leg., R.S., Ch.

1270, Sec. 5, eff. October 1, 2007.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!