86R10877 BRG-F
 
  By: Stucky H.B. No. 2082
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to recovery audits of payments made by state agencies to
  vendors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 2115.002(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The comptroller may [shall] contract with one or more
  consultants to conduct recovery audits of payments made by state
  agencies to vendors.  The audits must be designed to detect and
  recover overpayments to the vendors and to recommend improved state
  agency accounting operations.
         (b)  A contract under this section:
               (1)  may provide for reasonable compensation for
  services provided under the contract, including compensation
  determined by the application of a specified percentage of the
  total amount recovered because of the consultant's audit activities
  or recommendations as a fee for services;
               (2)  may permit or require the consultant to pursue a
  judicial action in a court inside or outside this state to recover
  an overpaid amount; and
               (3)  [to allow time for the performance of existing
  state payment auditing procedures,] may not allow a recovery audit
  of a payment during the 180-day period after the date the payment
  was made in order to allow time for the performance of existing
  state payment auditing procedures.
         SECTION 2.  Section 2115.003, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The comptroller may [shall] require [that] recovery
  audits [be performed] on the payments to vendors made by each state
  agency that has total expenditures during a state fiscal biennium
  in an amount that exceeds $50 [$100] million.  A [Each] state agency
  subject to required audits under [described by] this subsection
  shall provide the recovery audit consultant with all information
  necessary for the audit.
         (a-1)  The comptroller may determine the frequency of
  recovery audits authorized by this section.
         SECTION 3.  Sections 2115.005(b) and (c), Government Code,
  are amended to read as follows:
         (b)  The comptroller shall provide the copies required by
  Subsection (a) not later than the 15th [seventh] day after the date
  the comptroller receives the consultant's report.
         (c)  Not later than February [January] 1 of each odd-numbered
  year, the comptroller shall issue a report to the legislature
  summarizing the activities conducted [contents of all reports
  received] under this chapter during the state fiscal biennium
  ending August 31 of the previous year.
         SECTION 4.  This Act takes effect September 1, 2019.