HBA-RBT S.B. 1419 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1419
By: Lucio
Ways & Means
5/7/1999
Engrossed



BACKGROUND AND PURPOSE 

The 75th Texas Legislature created a task force to study ways to improve
statewide referral and reporting of delinquent obligations to the state.
The task force found that the age of the debt is a significant factor in
predicting its collection; as the debt ages, its successful collection
becomes increasingly difficult.  The task force also found that though the
annual debt report is currently required by administrative rule, some
agencies do not comply.  S.B. 1419 addresses the task force findings and
recommendations to require a state agency to refer a debt to the Office of
the Attorney General within 120 days after the debt becomes delinquent and
to require by statute the filing of annual debt reports with the attorney
general. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that in SECTION 2
(Section 2107.005, Government Code) this bill modifies rulemaking authority
previously granted to the attorney general. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2107.004, Government Code, to require a state
agency, no later than 120 days after an obligation becomes delinquent,
rather than the 30th day after the date an obligation becomes delinquent,
or the 30th day after the comptroller determines that collection efforts
have failed to report the uncollected and delinquent obligation to the
attorney general for further collection efforts. 

SECTION 2.  Amends Section 2107.005, Government Code, to require each state
agency to file an annual debt report with the attorney general within 90
days of the close of each fiscal year.  Requires the report to contain the
information required by rules adopted under this section (Reports to
Attorney General). 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.