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.
(c) The board shall meet in Austin, except that if a majority of
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.
(c) The director may not vote on a question or issue before the
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.
(c) An estimate or report required under this section is in
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.
(c) Not later than the fifth day after a regular legislative
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.
(c) The board may hold hearings to consider the estimates
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.
(c) On the third Tuesday of each January in which the
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.
(c) The board shall assist the committees in administering this
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
(C) any other entity that is part of state government.
(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.
(c) Each state governmental entity that administers a state
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.
(c) The board shall:
(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.
(c) A review under this section may be initiated by the board or
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.
(c) The board shall report the findings of the review and
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.
(c) The director may consult the lieutenant governor, the
speaker of the house of representatives, and the presiding
officer of each standing committee of the senate and house of
representatives having primary jurisdiction over 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;
(C) Section 2254.006; or
(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
(C) with a value that exceeds $50,000.
(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.
(c) The Legislative Budget Board shall post on the Internet:
(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.