Sec. 12.136. ADJUSTMENT FOLLOWING AUDIT. (a) If the department, pursuant to rules adopted by the executive commissioner, finds, after an audit conducted under Section 12.133 or 12.134, that a political subdivision has overstated unreimbursed health care expenditures in the information submitted under Section 12.133 for any year, the department shall report that fact to the comptroller and shall reduce that political subdivision's percentage of the subsequent annual distribution of the earnings from the account appropriately.
(b) If a monetary penalty is applied under Section 12.134, the department shall also reduce the political subdivision's percentage of the subsequent annual distribution of the earnings from the account appropriately.
(c) If a political subdivision is assessed the cost of an audit under Section 12.134, the department shall report the amount assessed to the comptroller, and the comptroller may withhold that amount from the political subdivision's subsequent annual distribution. The comptroller may use the amount withheld to reimburse the general revenue fund for the cost of the audit.
Added by Acts 1999, 76th Leg., ch. 753, Sec. 2.01, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0043, eff. April 2, 2015.
Structure Texas Statutes
Subtitle A - Department of State Health Services
Chapter 12 - Powers and Duties of Department of State Health Services
Subchapter J. Tobacco Settlement Proceeds
Section 12.132. Certification to Comptroller
Section 12.133. Collection of Information
Section 12.134. Disputes Relating to Information Collected
Section 12.135. Effect of Dispute
Section 12.136. Adjustment Following Audit
Section 12.137. Tobacco Settlement Permanent Trust Account Administration Advisory Committee