Regular audits for state border security activities

The text as introduced · 1,035 words

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.