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
.
.
I, Andy Nolen, pledge

that I will provide you
with vigorous
representation, and be by
your side throughout this
entire process. I will fight
for you both in and out of
the courtroom and do
everything within my
power to protect your
constitutional rights.
One of Houston's
Top Attorneys for
Probation
Violation Cases.  

In most cases
there is no appeal
from a decision to
revoke your
probation.  You
MUST win your
case.

Call Attorney Andy
Nolen - He WILL
help keep you out
of jail.
713-697-4373
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
19 years Experience And Hundreds of Cases Dismissed Places Houston Criminal Defense Attorney Andy Nolen Amongst the Best Lawyers in Houston, Texas