HB5557 - Relating to periodic comprehensive forensic and efficiency audits of state border security activities and the enforcement of audit recommendations.

      By: Rodríguez Ramos H.B. No. 5557       A BILL TO BE ENTITLED   AN ACT   relating to periodic comprehensive forensic and efficiency audits   of state border security activities and the enforcement of audit   recommendations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  PURPOSE AND FINDINGS. (a)  The Legislature finds   that:                (1)  The effectiveness and efficiency of state-funded   border security activities must be assessed to ensure optimal use   of public resources;                (2)  Transparency and accountability in expenditures   and operations are essential to eliminating inefficiencies and   preventing fraud, waste, and abuse; and                (3)  Regular, independent audits strengthen   legislative oversight and enhance data-driven decision-making.          SECTION 2.  Chapter 321, Government Code, is amended by   adding Section 321.027 to read as follows:           Sec.   321.027.     BORDER SECURITY ACTIVITY AUDITS. (a)   At   least once every three years, the State Auditor's Office shall   include in the audit plan comprehensive forensic and efficiency   audits of all state-funded border security activities carried out   by the Texas Department of Public Safety, Texas Military   Department, Texas Division of Emergency Management, Texas Parks and   Wildlife Department, Texas Department of Criminal Justice, and the   Office of Court Administration of the Texas Judicial System.           (a-1)     The first audit required under this section must   commence no later than December 1, 2025. This subsection expires   December 1, 2026.           (b)     The State Auditor may select other relevant state   agencies or programs in addition to those listed in Subsection (a)   for inclusion in the audits.           (c)  Each of the agencies listed in Subsection (a) shall:                 (1)  Fully cooperate with audits conducted by the State   Auditor's Office;                 (2)     Provide access to all records, contracts, and   expenditures related to border security; and                 (3)     Implement audit recommendations as required by   law.           (d)     The State Auditor's Office shall submit a report of its   findings and recommendations to the Governor, Lieutenant Governor,   Speaker of the House, Legislative Budget Board, House Delivery of   Government Efficiency Committee, and other relevant legislative   committees no later than the 30th day after the audit's completion.           (e)     The State Auditor's Office shall publish each audit   report on its official website no later than the 45th day after the   audit's completion. Each summary must remain publicly accessible   for at least five years and exclude information classified as   confidential or security-sensitive under state law.           (f)     If an audit conducted under this section identifies   financial mismanagement, waste, fraud, or noncompliance with state   law, the audited agency shall:                 (1)     Develop and implement a corrective action plan   within 90 days; and                 (2)     Submit progress reports every six months to the   State Auditor's Office and Legislative Budget Board until all   deficiencies are resolved.           (g)     An agency that fails to implement corrective actions   within 12 months after the audit report's issuance may be subject   to:                 (1)     suspension of discretionary border security   funding, subject to review by the Legislative Budget Board; and                 (2)     referral to the Governor, Lieutenant Governor, and   Speaker of the House for legislative action, including potential   statutory remedies.           (h)  In this section:                 (1)     "Border security activity" includes any   state-funded initiative, operation, program, or activity intended   to:                       (A)     provide security services, including law   enforcement services, in the area of the state along the   Texas-Mexico border;                       (B)  deter transnational criminal activity; or                       (C)     assist state or federal immigration   enforcement efforts.                 (2)     "Comprehensive forensic audit" means an audit that   evaluates financial integrity, operational efficiency, compliance   with applicable laws, and measurable effectiveness of program   objectives.                 (3)     "Efficiency audit" has the meaning assigned by   Section 321.0133.           (i)     An agency subject to an administrative penalty under   Subsection (g) may appeal the penalty decision to the State Office   of Administrative Hearings. The appeal must be filed within 30 days   after the agency receives notice of the penalty, and the   determination of the administrative law judge is final unless   modified by legislative action.          SECTION 3.  Chapter 411, Government Code, is amended by   adding Section 411.0205 to read as follows:           Sec.   411.0205.     BORDER SECURITY ACTIVITY ACCOUNTABILITY.   (a) The Texas Department of Public Safety shall:                 (1)     Maintain complete and accurate records of all   border security activity-related expenditures, contracts, and   procurement activities; and                 (2)     Provide all records and documentation necessary   for the State Auditor's Office to conduct audits as required by   Section 321.027.          SECTION 4.  Chapter 418, Government Code, is amended by   adding Section 418.027 to read as follows:           Sec.   418.027.     BORDER SECURITY EXPENDITURE REPORTING. (a)     The Texas Division of Emergency Management shall:                 (1)     Maintain complete and accurate records of all   border security activity-related expenditures, contracts, and   procurement activities; and                 (2)     Provide all records and documentation necessary   for the State Auditor's Office to conduct audits as required by   Section 321.027.          SECTION 5.  Chapter 437, Government Code, is amended by   adding Section 437.108 to read as follows:           Sec.   437.108.     BORDER SECURITY ACTIVITY AUDIT REQUIREMENTS.     (a)   The Texas Military Department shall:                 (1)     Maintain complete and accurate records of all   border security activity-related expenditures, contracts, and   procurement activities; and                 (2)     Provide all records and documentation necessary   for the State Auditor's Office to conduct audits as required by   Section 321.027.          SECTION 6.  Chapter 493, Government Code, is amended to add   Section 493.010 as follows:           Sec.   493.010.     BORDER SECURITY DETENTION AUDIT   REQUIREMENTS. (a)   The Texas Department of Criminal Justice shall:                 (1)     Maintain complete and accurate records of all   border security activity-related expenditures, contracts, and   procurement activities; and                 (2)     Provide all records and documentation necessary   for the State Auditor's Office to conduct audits as required by   Section 321.027.          SECTION 7.  Chapter 72, Government Code, is amended by   adding Section 72.035 to read as follows:           Sec.   72.035.     BORDER SECURITY COURT ADMINISTRATION AUDITS.   (a) The Office of Court Administration shall:                 (1)     Maintain complete and accurate records of all   border security activity-related expenditures, contracts, and   procurement activities; and                 (2)     Provide all records and documentation necessary   for the State Auditor's Office to conduct audits as required by   Section 321.027.          SECTION 8.  Chapter 11, Parks and Wildlife Code, is amended   by adding Section 11.108 to read as follows:           Sec.   11.108.     BORDER SECURITY ACTIVITY AUDIT REQUIREMENTS.   (a) The Texas Parks and Wildlife Department shall:                 (1)     Maintain complete and accurate records of all   border security activity-related expenditures, contracts, and   procurement activities; and                 (2)     Provide all records and documentation necessary   for the State Auditor's Office to conduct audits as required by   Section 321.027.          SECTION 9.  This Act takes effect September 1, 2025.