87R2938 JCG-F     By: Bonnen H.B. No. 3997       A BILL TO BE ENTITLED   AN ACT   relating to the transfer of certain functions relating to state   employee leave from the state auditor to the comptroller.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 661.151, Government Code, is amended to   read as follows:          Sec. 661.151.  COMPTROLLER [STATE AUDITOR] INTERPRETATION.   (a) The comptroller [state auditor] shall provide a uniform   interpretation of this chapter [subchapter and Subchapters G and   Z].          (b)  The comptroller [state auditor] shall report to the   governor and the legislature any state agency or institution of   higher education that practices an exception under this chapter   [exceptions to those laws].          SECTION 2.  Section 661.202(j), Government Code, is amended   to read as follows:          (j)  A state agency shall maintain a written statement   covering the policies and procedures for an extension of leave   under Subsection (i) and shall make the statement available to all   agency employees. The state agency shall provide a copy of the   statement to the comptroller [state auditor] on request.          SECTION 3.  Section 661.9041(c), Government Code, is amended   to read as follows:          (c)  The comptroller [state auditor] shall adopt guidelines   to assist state agencies in determining the amount of emergency   leave to grant to an employee under this section as differential   pay.          SECTION 4.  Section 661.923(c), Government Code, is amended   to read as follows:          (c)  Not later than the last day of each quarter of a state   fiscal year, an agency shall submit a report to the comptroller's   [state auditor's] office and the Legislative Budget Board that   includes the name of each agency employee described by Subsection   (a)(1) who has been granted 168 hours or more of leave under this   section during that fiscal quarter. The report must include, for   each employee, a brief statement as to the reason the employee   remains on leave.          SECTION 5.  (a) Not later than September 10, 2021, the   following are transferred from the state auditor to the comptroller   of public accounts:                (1)  the powers and duties of the state auditor   relating to leave for state employees under Chapter 661, Government   Code; and                (2)  all property and records in the custody of the   state auditor that are related to a power or duty transferred under   this subsection and all funds appropriated by the legislature for   that power or duty.          (b)  A rule, form, policy, procedure, or decision of the   state auditor that is related to a power or duty described by   Subsection (a) of this section continues in effect as a rule, form,   policy, procedure, or decision of the comptroller of public   accounts until superseded by an act of the comptroller of public   accounts.          (c)  A reference in law or administrative rule to the state   auditor that relates to a power or duty transferred under   Subsection (a) of this section means the comptroller of public   accounts.          SECTION 6.  As soon as practicable after the effective date   of this Act, but not later than September 10, 2021, the state   auditor and the comptroller of public accounts shall enter into a   memorandum of understanding that:                (1)  identifies in detail the applicable powers and   duties that are transferred by this Act; and                (2)  establishes a plan for the identification and   transfer of the records, property, and unspent appropriations of   the state auditor that are used for purposes of the state auditor's   powers and duties that are transferred by this Act.          SECTION 7.  This Act takes effect September 1, 2021.